dcblegal - Update following hearing

Le_Kirk

landylife said:

Le_Kirk said:

You could say "all PDT records or entries pertaining to VRM XXNNXXX"

ok perfect, take it you mean VRN i.e. reg. number?

It is the Vehicle Registration Mark because it contains numbers and letters and people have fallen foul of the "please input your registration NUMBER" and don't bother with the letters!  But, yes it is the REG number!

nosferatu1001

Of course your defence states the claim, as pleaded, is incorrect. 

landylife

Last question before i focus on defence in the next days/weeks ahead of submission.
I've had a Form of Admission (N9A and N9B) within the Claim Form pack - i've seen reference to not declaring finances, does this also apply to this stage of the process?

landylife

SAR responded to within 15 mins, they must have spare time!

nosferatu1001

You don't use those forms. They relate to working out payment plans. 

Were_Doomed

Responded only in terms of acknowledging the request, presumably.

landylife

Were_Doomed said:

Responded only in terms of acknowledging the request, presumably.

No, issued two PDFs with SAR Title, looks standardised as if its straight out of a standard download from a system.

landylife

Just compiling my Defence.  Stuck on the #2 section, as to how to approach this with regard to being the leasee...to explain:
(1) car is hirer to me by a Company Car Scheme.  Upon PCN receipt at the Company Car Scheme, they asked if i wanted to take liability for the PCN (otherwise they wont deal with it and it escalates with them).  I said yes, to transfer liability so that it could be contested, and my details were passed to Bank under a clause of the loan agreement (essentially the clause says the borrower is responsible for all parking fines, speeding fines etc). At this point, the Car Scheme stated "Please transfer liability to the below driver....".
(2) I complained to the land owner but within this complaint stated "i was using the facilities at the shopping centre". He has passed this to Bank and they responded with their own "Appeal response".

So based on (1) and (2) above, what is the opinion on how to frame the first stage of defence.
Question (1) - am i classed as registered keeper? Edit on this one, checked within the loan agreement - i am classed as the Legal Owner, and the Car Scheme the Registered Keeper.
Question (2) - have i essentially framed myself as the driver within the complaint to Land Owner?

Le_Kirk

You appear to be the day to day keeper but also the lessee.  Nobody from your company or from the leasing company can say who was driving unless they were there.  Without going back over the whole thread, I don't know what your defence is; you do.  Whatever the circumstances were, it should be on the particulars of claim on the original claim form.  For example, if they say you didn't buy a ticket, your defence is that you did.  If its an overstay, your defence is that you didn't etc. 

landylife

Thanks @Le_Kirk. So my #2 of the defence should be along the lines of your first sentences. Obviously I want the sections to be bang on, but then also in a way that doesn’t send Bank back to the company. 

The main body of defence for section 3 will of course be heavily based around the details on the claim form.