Claim sent to registered keeper (not driver at the time)

PabloPurple123

Hello

I have received a county court claim form from UKPC for a ticket that was issued 07/10/2016. They sent the form on the 6th December, so one day before it was going to be 6 years!!! 

I am following the sticky thread and had done the SAR before, so know roughly what to follow. However the claim is in my mums name and address (as she was the registered owner at the time) I was the named driver. How do I deal with the defence etc? Given it should not be in her name, and when requesting the SAR from UKPC I did tell them my current address, aswell as when emailing DCB Legal (to tell them I had done a SAR and they needed to put on hold for 30 days) - I also told them my new address and that I was clearly the one dealing with it. Yet the claim letter was still sent to my mums address and in her name. 

My question is what do I do to defend the claim on her behalf / in my name so that she doesn't have to deal with it?

Thanks

Redx

It's 5 years old , not 6 !

If it's in your mum's name , you received nothing and it's nothing to do with you , although you can assist her as dogsbody P. A. , Secretary and minion 😁😁 She has to deal with it , not you ! ( She was the Registered Keeper , not owner ). It's her name on the claim form , so it's her legal responsibility to deal with it !

Did mum inform UKPC LTD in writing , who the driver was ? Yes or No ?

Post the issue date from your mum's claim form below

Did UKPC comply with POFA in 2016 ? Yes or No ?

Coupon-mad

Given it should not be in her name,

Tough, it is.  I am sorry but it's too late to change that.

My question is what do I do to defend the claim on her behalf / in my name so that she doesn't have to deal with it?

You can't.  And you can't do the AOS.

She is the Defendant and she has not even acknowledged the claim.  You are a third party and you cannot acknowledge nor defend it 'on her behalf' and you can't change the defendant to you now.  It is Mum's case to defend/sign documents.

That is not to say you can't do all the work and reading here.  But you can't put your name on stuff.

PabloPurple123

Thanks both. I regrettably already done the AOS and put my name (as the form said enter 'Defendant’s full name if different from the name given on the claim form' - therefore I thought this meant I was ok to put my name). 

Any advice on how to rectify this (without judgement! lol) would be much appreciated. Thank you 

KeithP

You already have a thread about this incident.
forums.moneysavingexpert.com/discussion/6306366/help-with-ukpc-fine-recently-obtained-sar

At that time you were telling us that the parking incident took place in December 2015.
Their photos and letters said December 2015.
Now you are saying it was in October 2016 - even the month has changed.

You will get duff advice and guidance if you feed us with rubbish.

PabloPurple123

@KeithP you could just point out the differences without being rude. People come on these forums because they don't know what they are doing and are looking for help. Messages like yours are not helpful and are unnecessarily rude. 

I have checked all my letters and the claim form. I did not realise that the Claim Form is for a different parking ticket, I was not aware there were 2. These happened 5/6 years ago when I was at university with !!!!!! ticket machines. So just to be clear:

• The Claim Form my mum received was indeed for a ticket that was given 07/10/2016 (my old thread was for another ticket, I just assumed the claim form was for the same incident and glossed over the dates, but it clearly isn't)
• When I done a SAR with UKPC I requested them to send a list of all PCN's outstanding against myself and/or the VRN. They responded saying there was just 1 outstanding notice (which was the 2015 one). They did not give any information on the 2016 one, despite it being related to the same vehicle/VRN

Can this go into part of the defence? That they did not supply me with information on this notice relating to my car? Or does the fact that for some reason they had that ticket in my mums name give them a good enough excuse to have not provided me with that info during my SAR request? 

Secondly, as mentioned above, I am very annoyed with myself for not googling beforehand, but I did the AOS on behalf of my mum, and put my name and address down. The form did say enter 'Defendant’s full name if different from the name given on the claim form' so I thought this would be where the correct defendant could fill it out. I understand now I interpreted that wrong. Where do I take it from here? 

Coupon-mad

Your mum needs to send a SAR to see the evidence about this one.  They would not have given you any data about this one, because it's not yours.  

Your Mum has not acknowledged the claim and she must do so even if it means she rings the CCBC and explains the wrong person acknowledged it.  The bit about 'name if different' is of course just standard clerical admin, for marriage/name changes.  You can't just supplant a new defendant into a court case.

PabloPurple123

@Coupon-mad thank you, is it too late for my mum to send a SAR to UKPC now? 

Got it, will see if my mum is able to acknowledge it herself online, or if not will get her to ring up and explain 

Coupon-mad

 is it too late for my mum to send a SAR to UKPC now?

I would not have advised it, if it was too late.  Obviously she doesn't sit and wait for the response before defending though.

PabloPurple123

@Coupon-mad thanks, will get her to do so. And then will follow the defence template on the sticky thread 

Redx

You did the SAR for your data , as a person , they are only allowed to supply your data , not mums are mine or anyone else , data protection , now called GDPR ! ( The VRM is irrelevant , same applies if you ask Vodafone DPO for your data if disputing a contract or bill )

Your mum can and should email the DPO for her data , under GDPR , it's never too late

Ideally mum gets the AOS online and name change erased , then does her own in a timely manner , not changing the name if it's correct , but definitely changing it if she had remarried etc

You can assist her , but its too late for her to name the driver , so her first check is if the claimant complied with POFA , seeing as she was Keeper but not the driver