JLA 'stopping' charge

Anchovie

My wife has received a 'Claim Form' from a 'County Court Business Centre' for stopping on 21 May 2018 on the JLA access road. She was the driver but was not the registered keeper (neither of these has been disclosed to claimant). 

I plan to 'Disagree with the claim' on the basis that she cannot read the contract terms and conditions without stopping. Is this still relevant? 

Is there any further grounds for defence regarding the bye laws?

Le_Kirk

If your wife was not the keeper, how has she received a court claim?  Has she been identified to the parking company as driver and liability transferred by the keeper?  If a claim form has been received one hopes that there were prior notifications such as a PCN and letter before/of claim etc.

D_P_Dance

Have you read the newbies?  Have you complained to your MP?  have your read otherincluding  this?

https://forums.moneysavingexpert.com/discussion/6298400/jla-stopping-charge/p1

Anchovie

Its a company car (Company are registered keeper). They returned first PCN to claimant with my wife's name, home address but she has never replied to PCN when received at home address. 

Had further letters from various debt collectors (none by recorded mail) but never replied as didn't want to admit she was the driver. Don't recall a Letter before claim. 

Jenni_D

Are there others that could lawfully drive the car under the company insurance? (i.e. other employees. Notwithstanding that anyone with driving other car cover could probably drive it anyway).

How exactly did the company nominate your wife? (Have you seen any communication?) All they could lawfully do is advise that the vehicle was allocated to your wife; they couldn't specifically nominate her as the driver.

I suggest your wife sends a SAR to the parking company to demand details of all info they have on her - this would include the notification from the company (if she doesn't already have a copy).

Fruitcake

The registered keeper will have given the PPC the hirer/lessee/day-to-day keeper's name then, which is why the claim is in her name.

What a shame this wasn't dealt with at the appeal stage by the hirer/lessee as the PPC will no doubt have failed to comply with the PoFA. 

You can't do anything in your name. You can help, but everything must be done in the defendant's name. She needs to start by reading the guide to court written by bargepole that can be found in the second post of the sticky Announcement for NEWBIES, then do the AoS after day 5 whilst looking at the template defence sticky Announcement.

Have a look at other JLA and other airport stopping/no stopping threads. There is at least one on this page right now.

Using byelaws/not relevant land/PoFA failures is much harder at court stage because a truthful answer must be given if the judge asks, "Were you driving?"

KeithP

What is the Issue Date on the County Court Claim Form?

Has the Defendant filed an Acknowledgment of Service?
If so, upon what date did that happen?
The MCOL Claim History will have the definitive answer to that.

Anchovie

KeithP said:

What is the Issue Date on the County Court Claim Form?

Has the Defendant filed an Acknowledgment of Service?
If so, upon what date did that happen?
The MCOL Claim History will have the definitive answer to that.

Issue Date   3 November 2021
Received today so not filed a Acknowledgement of Service

Anchovie

Jenni_D said:

Are there others that could lawfully drive the car under the company insurance? (i.e. other employees. Notwithstanding that anyone with driving other car cover could probably drive it anyway).

How exactly did the company nominate your wife? (Have you seen any communication?) All they could lawfully do is advise that the vehicle was allocated to your wife; they couldn't specifically nominate her as the driver.

I suggest your wife sends a SAR to the parking company to demand details of all info they have on her - this would include the notification from the company (if she doesn't already have a copy).

Yes Jenni, any Employee of the registered keeper can drive the car. I think the original PCN had space on reverse to add the 'Keepers' correct details.

The claim form states that 'at all material times the Defendant was the registered keeper and/or Driver' but she has never replied to confirm/deny this. 

The only thing they appear to have is a photo taken at night (dark) clearly showing the vehicle registration and a female entering the car with another female in the drivers seat. 

D_P_Dance

Are you saying that they have CCTV?  Is thiat legal?

Anchovie

Fruitcake said:

The registered keeper will have given the PPC the hirer/lessee/day-to-day keeper's name then, which is why the claim is in her name.

What a shame this wasn't dealt with at the appeal stage by the hirer/lessee as the PPC will no doubt have failed to comply with the PoFA. 

You can't do anything in your name. You can help, but everything must be done in the defendant's name. She needs to start by reading the guide to court written by bargepole that can be found in the second post of the sticky Announcement for NEWBIES, then do the AoS after day 5 whilst looking at the template defence sticky Announcement.

Have a look at other JLA and other airport stopping/no stopping threads. There is at least one on this page right now.

Using byelaws/not relevant land/PoFA failures is much harder at court stage because a truthful answer must be given if the judge asks, "Were you driving?"

Thanks Fruitcake, 

I've read the other posts on JLA, one of which advises that the font on the signs is too small with too many words to be read without stopping. So I thought she would 'disagree with the claim' as she could not enter into a contract without reading the terms.