County Court Business Centre

Ralph-y

suggested reading for you ....

direct link to court section in newbies thread
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https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

Ralph

yl91

Le_Kirk said:

yl91 said:

Redx said:

She must do the AOS online today if possible , nothing else on MCOL , just acknowledge receipt of the claim pack

She must email a SAR to PPL WW to the DPO , attaching a copy of the claim form as proof of I D under the GDPR law , to obtain all the data and documents and pictures etc , the stuff she is missing

Then start drafting her defence by using the template defence by coupon mad from the newbies FAQ sticky thread near the top of the forum , I suggest you both read it carefully , on a laptop ,, not on a phone
Post the paragraphs 2 & 3 on here after they have been altered to suit

Sounds like alot she has to go through.. for all we know it might not of been us that was in possession of the car. DCB has been so vague with there approach. Theyve basically just sent us a letter asking for money..

Can you explain this please?  Firstly that is incorrect grammar and secondly why might it not have been you that was in possession of the car?  If you sold it, the DVLA should be able to tell you what date you transferred the car to the new keeper.

Sorry ill make myself a bit more clear. We had PXed this vehicle last year in march 2019 but the car had not been used and had been parked up on our driveway for 8 months before this. The OH was pregnant and my car was just easier to get around.

Im also wondering, how did they manage to get an address from 3 years ago when we have moved twice. 

Umkomaas

Im also wondering, how did they manage to get an address from 3 years ago when we have moved twice. 

Maybe you didn't update the vehicle's V5C (logbook) with DVLA?  Updating your driving licence doesn't update the V5C - it requires two separate notifications. 

Redx

Using a tracing service is how they obtained your details , not difficult if you have credit cards and debit cards , loans , pay council tax , registered to vote , on social media like faceache etc

The onus is on you by law to keep a V5C up to date with the DVLA , if you don't want a DVLA fine of up to £1000

Tracing people in a digital database internet age is incredibly easy for companies and a company like TRACE and a few debt collectors have made a business out of it , it's nothing like Eddie Shoestring

She now has a live County Court claim , not just a mere demand for money !

Le_Kirk

You need then, as advised by others, to update the V5C of any car you/your OH currently own.  It would also be advantageous to get some evidence of when the car was sold and, more importantly, when you advised the DVLA that it had been transferred to AN Other.  Do you have proof it was on the driveway and not in use, was it for example SORNED?

yl91

Umkomaas said:

Im also wondering, how did they manage to get an address from 3 years ago when we have moved twice. 

Maybe you didn't update the vehicle's V5C (logbook) with DVLA?  Updating your driving licence doesn't update the V5C - it requires two separate notifications. 

Yeah I've asked her this and this may have been the issue. Weve replaced her car with something else last march 2019 and updated the v5 to our current address.

Le_Kirk said:

You need then, as advised by others, to update the V5C of any car you/your OH currently own.  It would also be advantageous to get some evidence of when the car was sold and, more importantly, when you advised the DVLA that it had been transferred to AN Other.  Do you have proof it was on the driveway and not in use, was it for example SORNED?

Everything wouldve been transfered through the dealer during the purchase of the new car. I wouldnt have proof it was on the driveway and not in use. I had access to 2 other cars and didnt need to use hers at all.

So, first i will file an AoS. Next step I guess ill obtain any documentation or evidence I need. Were still not sure as to where this took place and when.

yl91

D_P_Dance said:

Have you read the newbies?  Have you complained to your MP?  Have you complained to the landowner?  Have you read anything about this scam elsewhere?

You have been co-opted into a game with rules more complicated than those of Rugby Union, you have to learn them in order to take part.

I had written to the MP in a previous matter and she wasnt very helpful. Basically just apologised because she couldnt do anything. I have not contacted the landowner as of yet though.

Redx

Meanwhile , she needs to get on with drafting her defence , once the AOS has been done by her , not by you , get it done by her TODAY , plus the SAR emailed by her to PPL attaching a copy of the claim form as proof of I D under the GDPR law

Although gathering evidence is important , it's not needed for months so not urgent , the AOS and defence is urgent and needs dealing with ASAP , AOS today , the defence within 2 weeks !!

If the AOS isn't completed ASAP , the claimant can ask for judgment and your OH will have a CCJ in her name

Once done , contacting the DVLA by email , plus the landowner complaint , plus the SAR etc , are next on the long list to be done by her

Bear in mind that the court claim is in her name , not yours , so what you did or didn't do is irrelevant , it's not about you , it's her name on the court documents , so as an adult it's her responsibility , her problem , her court case

Redx

yl91 said:

D_P_Dance said:

Have you read the newbies?  Have you complained to your MP?  Have you complained to the landowner?  Have you read anything about this scam elsewhere?

You have been co-opted into a game with rules more complicated than those of Rugby Union, you have to learn them in order to take part.

I had written to the MP in a previous matter and she wasnt very helpful. Basically just apologised because she couldnt do anything. I have not contacted the landowner as of yet though.

You are not the one contacting the landowner or MP , it's your OH that should be doing it !

Le_Kirk

So, first i will file an AoS. Next step I guess ill obtain any documentation or evidence I need. Were still not sure as to where this took place and when.

Surely the Particulars of Claim (POC) state this!