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Very late (4 years) arrival of PCN for hired vehicle

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Comments

  • Umkomaas
    Umkomaas Posts: 43,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So, there is a discrepancy as they claim they contacted the DVLA to obtain my details, but the DVLA SAR says otherwise !
    If it was a hire car, CPP would have first contacted the hire company (having been given their details by the DVLA), who would then pass your name and address to CPP. 

    From the records on their booking system you checked into the hotel at 21:15 on 03/02/2016 and checked out at 12:35 on 04/02/2016. 
    That check out time is way adrift of the CPP exit time on their NtK (almost 6 hours), I don't think it directly helps, but it could be used to cast doubt on the quality of their evidence. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Yes, but in their defence letter they claim that they obtained my details from the DVLA !
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 April 2021 at 1:03PM
    Yes, but in their defence letter they claim that they obtained my details from the DVLA !

    You told us this is what they said:
    Having checked the vehicle details with the Driver and Vehicle Licensing Agency (DVLA), we are writing to you because either you were the registered keeper at the time of parking, or the registered keeper has named you as the driver at the date and time of the event. 


  • KeithP said:
    Yes, but in their defence letter they claim that they obtained my details from the DVLA !

    You told us this is what they said:
    Having checked the vehicle details with the Driver and Vehicle Licensing Agency (DVLA), we are writing to you because either you were the registered keeper at the time of parking, or the registered keeper has named you as the driver at the date and time of the event. 


    Correct. We are saying the same thing. But what about their response to the defence? 
  • Fruitcake
    Fruitcake Posts: 59,491 Forumite
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    They are saying that either the DVLA gave your details as vehicle keeper OR the vehicle keeper gave your details as driver.

    Without reading back, is it possible that you were the hirer/lessee of a vehicle and the registered keeper gave the scammers your details as the hirer/lessee but they (the scammers) have interpreted that as the hirer/lessee was the driver?

    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
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  • I then received a follow-up letter saying that "The court ordered that unless the claimant sent a reply to the defence which contains full particulars of this claim to the defendant and the court by 4 PM on 9th April 2021 the claim will be automatically struck out"

    Jolly good - which court ordered that?  Fantastic!



    Dear Coupon Mad sir. I have provided the reply to the defence. What is your opinion please?
    Here are the uploaded jpegs (first 4 are the main defence with their evidence following)

  • Umkomaas
    Umkomaas Posts: 43,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Dear Coupon Mad sir.
    Ma'am. 🤦. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas
    Umkomaas Posts: 43,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Great advice 👆✔️
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • MOTO is the organ grinder in all this, not Travelodge or CP Plus. Looking through your thread I am not sure if you have complained to them yet? Their policy is to provide free parking to anyone staying in a Travelodge on their sites. Normally you would be invited to enter your VRM in the little box thingy at the Travelodge reception. So basically you shouldn't have got a scamvoice in the first place.

    You should email the CEO Ken.McMeikan@moto-way.co.uk and/or Commercial Manager Paul.Comer@moto-way.co.uk with a strongly worded complaint and attach a copy of the Travelodge receipt from the night in question. It could save you a whole lot of hassle in court preparations (unless you want the challenge?)

    It does not matter that this is at court stage. They can discontinue it at any stage. I have had a CP Plus/DCBL claim discontinued that was already at court stage for exactly the same reason i.e.Travelodge stay on MOTO site from 2016.


    SUCCESS. Thanks to woodpecker44.

    After complaining to MOTO's CEO and him answering me within 30 minutes on a Saturday evening and after chasing a bit with their admin the claimants have discontinued this claim. I now received confirmation by post. 

    Please save this post. It is an interesting case of a 4 years dealyed claim and succesful resolution.
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