Brittania parking/BW legal taking me to court

bluegoldie

I have read the newbie posts etc but none are really applicable, I am after advice for my defence as I am certainly defending myself totally!! Here are the facts ; 
1) Had the original "invoice for parking" it was an over stay at a free car park. I was not the driver and I was miles away at the time in a different country in fact  (the breach was in England I was in work in wales).
2) let it run to almost the 14 days then i returned the letter to advise I was not driving at the time and to provide details of who was (sent standard first class post).
3)in the mean time I get the second letter, I ignored this and didn't open an appeal as I had returned the letter as requested and understood it was a standard computer generated one there fore it would take time to update
4) following on from this i get the first BW letter; again this was in fairly quick succession and my appeal deadline had run out so I decided to give it more time.
5) another 2 letters turn up along with unregulated phone calls. At this point I decided I needed to make contact and did so via email (as evidence) I used the template FSA letter I found on here to dispute the claim on the grounds that I denied ever having entered in to a contract with the company. I used the salient points I.e I wanted my dispute investigated and my liability proved (as all correspondence relates to the driver !). I advised that they were causing me emotional distress and that I wanted answers within 28 days.
6) only response I had was for them to forward on the original letter "at my request " this was not what I had asked for, I had requested an investigation. At no point was I asked what grounds I was disputing the claim on and nor did I get anything further  (until the pre court action papers from them which I ignored). I requested that under GDPR any correspondence was done electronically.
6) I still haven't had any real response to my dispute, I am now holding my court issued papers and I am in a shed load of anguish over what to do next!! I was not the driver, I am aware that I have liability as the owner of the vehicle, however I was never ever given the opportunity to pay the original fine of 60 pounds as by the time I realised that they weren't going to pursue the driver the amount outstanding was 160 pounds !!! 

Please if anyone could advise me what grounds to Base my defense on I would appreciate it ! One thing i don't think I'll need to do is prove I wasn't driving, the pictures clearly show it was a black male (it was my ex partner who had borrowed the car) and I am a white female.

I appreciate any response. 

Le_Kirk

The NEWBIE sticky certainly applies to you.  You have received a notice to keeper and you weren't driving.  There are loads of posts on the forum for the same issue.  You have two choices, you either defend as keeper or you throw the driver under the bus.  Meantime if you have an actual claim form (N1) from CCBC please tell us the issue date of that form and @KeithP will be along to give you some deadlines.  Then get reading the NEWBIE sticky second post because you may be running short of time to submit an AOS.  Acronyms can also be found in the NEWBIE - fifth post.

nosferatu1001

The newbies thread is still completely applicable. I have no idea why you think otherwise

You got yourself in a massive mess by following the main site advice, which is terrible. For a start how would they chase the driver unless you gave them their name and serviceable address? Did you do so? 

So, start with basics. 
1) Date of issue of the claim form
2) Tell us if yoiu have filed your AOS. If you dont know what that means, newbies thread, post 2
3) Start to update para 2 and 3 in the template defence. NO I, ME, HE. The defendant... 

Redx

Use the template defence by coupon mad , nothing is proved at the defence stage , your liability may be as keeper , if proven , nothing to do with ownership , ownership is irrelevant

Make 2  ,was the keeper but definitely not the driver

Then set the scene and arguments in 3 , but concisely

Read other Britannia court case threads , reading what their 2 and 3 said , that Britannia use different names

Post the claim form issue date and the AOS date below , email a SAR to the DPO at Britannia

Then post your proposed draft paragraphs 2 and 3 below for critique , remembering that it's written as third party , the defendant , do not post the complete Defence , only the 2 changed paragraphs

bluegoldie

nosferatu1001 said:

The newbies thread is still completely applicable. I have no idea why you think otherwise

You got yourself in a massive mess by following the main site advice, which is terrible. For a start how would they chase the driver unless you gave them their name and serviceable address? Did you do so? 

So, start with basics. 
1) Date of issue of the claim form
2) Tell us if yoiu have filed your AOS. If you dont know what that means, newbies thread, post 2
3) Start to update para 2 and 3 in the template defence. NO I, ME, HE. The defendant... 

nosferatu1001 said:

The newbies thread is still completely applicable. I have no idea why you think otherwise

You got yourself in a massive mess by following the main site advice, which is terrible. For a start how would they chase the driver unless you gave them their name and serviceable address? Did you do so? 

So, start with basics. 
1) Date of issue of the claim form
2) Tell us if yoiu have filed your AOS. If you dont know what that means, newbies thread, post 2
3) Start to update para 2 and 3 in the template defence. NO I, ME, HE. The defendant... 

Point 2 of my post , yes I did provide them. Thank you for your understanding of my "mess" I'm sure you can imagine there is so much information and as a newbie even reading the newbie posts is a mine field! 

bluegoldie

Le_Kirk said:

The NEWBIE sticky certainly applies to you.  You have received a notice to keeper and you weren't driving.  There are loads of posts on the forum for the same issue.  You have two choices, you either defend as keeper or you throw the driver under the bus.  Meantime if you have an actual claim form (N1) from CCBC please tell us the issue date of that form and @KeithP will be along to give you some deadlines.  Then get reading the NEWBIE sticky second post because you may be running short of time to submit an AOS.  Acronyms can also be found in the NEWBIE - fifth post.

Thank you so much! There is just so much information there i didn't know where to start; I read lots of the posts but struggled to pull it all together. 

nosferatu1001

Point 2 was written really ambiguously to me - it could be that you were asking who was driving, or that you told them. So, be precise. Did you give them a complete name and full address for service. Yes or No. 
You must answer all quesitons the time they are asked, otherwise it gets tiring. Blood from a stone, is one expression. 

D_P_Dance

I have read the newbie posts etc but none are really applicable, 

I very much doubt that that is the case.  This is not brain surgery, but idt is not pinting by numbers, a lot of reading is necessar.  t, Keep reading until if falls into place, It will.  Have you complained to your MP?  

Redx

So if you have replied to the NTK with the name and address of the driver you complied with POFA , so they are claiming from the keeper instead of the driver which is an extra point for you

You need to answer our other questions and follow our advice too

The second post of the newbies thread applies to court claims

bluegoldie

nosferatu1001 said:

Point 2 was written really ambiguously to me - it could be that you were asking who was driving, or that you told them. So, be precise. Did you give them a complete name and full address for service. Yes or No. 
You must answer all quesitons the time they are asked, otherwise it gets tiring. Blood from a stone, is one expression. 

Yes, I completed the section on the letter and returned it to them. That was why i didn't appeal the second letter as there would have been a cross over in dates between them getting it and the second letter being generated. I understand that covid has been holding a lot up. 

I had the letter from the court on the 12th and I plan to submit the AOS in the coming days.. I just wanted to be clear what I was doing. I understand now that I have made things worse for myself by not replying to the pre court letter stage, so I really wanted to be pointed in the right direction from here.

bluegoldie

D_P_Dance said:

I have read the newbie posts etc but none are really applicable, 

I very much doubt that that is the case.  This is not brain surgery, but idt is not pinting by numbers, a lot of reading is necessar.  t, Keep reading until if falls into place, It will.  Have you complained to your MP?  

I don't know if my MP could assist ? The fine was for a car park in Swindon and I live and work etc in wales? I know I am coming across really dim right now but I'm so strung out with it all.