URBAN EXCHANGE-HIGHVIEW PARKING- DCBL LEGAL-PLEASE HELP

Coupon-mad

Absolutely, you need to spell out that this claim is nothing to do with you and as far as you can identify, it must be down to a DPA breach by the parking firm who were filing another claim against you on the same day, and muddled the data due to negligence, causing a CCJ that you can absolutely defend.

nadiak91

Thank you!!

An order that the Judgment in Default be Set Aside pursuant to CPR 13.3 and the Defendant be allowed to file a Defence in the case. The Defendant discovered Judgment and has acted promptly in making this application. The defendant is not the registered keeper, the keeper, or the driver of the vehicle. The defendant has never had any connection with the vehicle. This must be a DPA breach by the parking firm due to negligence. 

nadiak91

Will the evidence I use just be witness statement and defence? Or do I include records to prove I have never been registered to that vehicle?

Thanks again! 

Coupon-mad

Include evidence with your WS and quote the CPR 13 section about discretionary set asides 'for good reasons'.  You have all weekend to read about this in posts made about it by @henrik777

Le_Kirk

nadiak91 said:

Will the evidence I use just be witness statement and defence? Or do I include records to prove I have never been registered to that vehicle?

How are you going to prove a negative?

Fruitcake

As above, it is difficult to prove a negative, so you need something in writing from the DVLA to the effect that you have never been the registered keeper of said vehicle.

nadiak91

Oh I don't know Le_Kirk I thought maybe the DVLA. By showing the records or vehicles that are or have been registered to my name?
Ok Coupon-mad I'll read Henriks posts. Thank you 

nadiak91

Thank you Fruitcake, I will give the DVLA a shot. 

henrik777

Le_Kirk said:

nadiak91 said:

Will the evidence I use just be witness statement and defence? Or do I include records to prove I have never been registered to that vehicle?

How are you going to prove a negative?

Hello DVLA,

Please give me all my personal information regarding vehicle xxxx xxx.

Thanks


Hello Nadia,

Unfortunately we hold no personal information about you on vehicle xxxx xxx.

DVLA


Tada, enough evidence to shift the burden of proof..

nadiak91

From the DVLA- hopefully they get back to me by early Monday. 

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