Please help!

Hatebeingdone

Thanks so much.  I am just reading it all.  I am panicking a bit because I feel like I should just say it was me driving (although we can't be sure of that) rather than let my daughter take the blame.  It says on the form that if she loses the case it will affect her credit score.  Also, she would be very afraid of going to court.  I have found out that this is not necessary providing you write to let them know.  ATM the entire costs are shown as £287.34 (202.34 for ticket plus interest, 35,00 court fee and 50.00 legal rep cost).  Could they claim more if she loses the case?

Umkomaas

I have found out that this is not necessary providing you write to let them know.

Nope - the Defendant will have to be present at the hearing (most now done via video link or telephone). But you could act as her Lay Representative - Google to understand the parameters. 

ATM the entire costs are shown as £287.34 (202.34 for ticket plus interest, 35,00 court fee and 50.00 legal rep cost).  Could they claim more if she loses the case?

Nope - the costs on losing would be less. You can knock that £202.34 down to nearer £100.  The £35 and £50 would be payable.

Can you confirm that everything is being done in your daughter's name?  You cannot do it 'on behalf of'.  Do the work by all means, but it must look as though it is the work of your daughter. 

Hatebeingdone

Umkomaas said:

I have found out that this is not necessary providing you write to let them know.

Nope - the Defendant will have to be present at the hearing (most now done via video link or telephone). But you could act as her Lay Representative - Google to understand the parameters. 

ATM the entire costs are shown as £287.34 (202.34 for ticket plus interest, 35,00 court fee and 50.00 legal rep cost).  Could they claim more if she loses the case?

Nope - the costs on losing would be less. You can knock that £202.34 down to nearer £100.  The £35 and £50 would be payable.

Can you confirm that everything is being done in your daughter's name?  You cannot do it 'on behalf of'.  Do the work by all means, but it must look as though it is the work of your daughter. 

Umkomaas said:

I have found out that this is not necessary providing you write to let them know.

Nope - the Defendant will have to be present at the hearing (most now done via video link or telephone). But you could act as her Lay Representative - Google to understand the parameters. 

ATM the entire costs are shown as £287.34 (202.34 for ticket plus interest, 35,00 court fee and 50.00 legal rep cost).  Could they claim more if she loses the case?

Nope - the costs on losing would be less. You can knock that £202.34 down to nearer £100.  The £35 and £50 would be payable.

Can you confirm that everything is being done in your daughter's name?  You cannot do it 'on behalf of'.  Do the work by all means, but it must look as though it is the work of your daughter. 

Umkomaas said:

I have found out that this is not necessary providing you write to let them know.

Nope - the Defendant will have to be present at the hearing (most now done via video link or telephone). But you could act as her Lay Representative - Google to understand the parameters. 

ATM the entire costs are shown as £287.34 (202.34 for ticket plus interest, 35,00 court fee and 50.00 legal rep cost).  Could they claim more if she loses the case?

Nope - the costs on losing would be less. You can knock that £202.34 down to nearer £100.  The £35 and £50 would be payable.

Can you confirm that everything is being done in your daughter's name?  You cannot do it 'on behalf of'.  Do the work by all means, but it must look as though it is the work of your daughter. 

Brilliant! Yes all has been done in my daughter's name.  I have followed advice on this forum and sent a FOI request but they only provided a couple of photos of the car going in and out.  I asked for a photo of the parking restrictions at the time as I know parking was changed from 3 hours to 2.5 hours a long time ago but of course they would not provide any information on this.

Coupon-mad

You might be able to find the signs on GoogleStreetView, by changing the image date in the top left box (arrow).

Johnersh

Strictly speaking unless or until an AoS is filed, service is defective as C was put on notice of the correct service address.

You'd be within your rights to refuse to accept service and to get them to reissue the claim, referring them to all of the salient correspondence. If they then applied for judgment, you'd be entitled to set aside and (probably) costs for unreasonable conduct. 

Once the AoS is filed, you make good any procedural defect and its game on. Depends how bullish you are, I guess...

Fruitcake

Hopefully you sent an SAR, not a FOI request. 

I am fairly certain that six years ago, Highview did not issue PoFA compliant NTKs, and therefore the keeper cannot be held liable.

If you are not sure who was driving, then the PPC have got no chance of knowing. Don't go looking for a reason to lose the case. When you get to the defence stage, one of your defence points will be that the keeper can't remember who was driving on an unremarkable day nearly six years ago. They should also state that multiple people had use of the car. 
They should mention nothing about the type of licence anyone had. It is irrelevant. If there were several named drivers on the insurance, then say so. If other family members or friends or garage mechanics had access to the car, then say so.
Small Claims are decided on the balance of probabilities. 50/50 that it could have been someone else is good enough. 33% is even better.

Please tell us the location of the alleged event. It may have cropped up here before. Be as precise as possible.

Don't forget the complaint to the defendant's MP as well.

Hatebeingdone

Coupon-mad said:

You might be able to find the signs on GoogleStreetView, by changing the image date in the top left box (arrow).

Thanks for this.  I looked it up but you have to spend £6.00 a month to get that service.  I did take some screen shots though which shows there are not that many signs up but I couldn't zoom in enough to see the writing on the signs.

Hatebeingdone

Johnersh said:

Strictly speaking unless or until an AoS is filed, service is defective as C was put on notice of the correct service address.

You'd be within your rights to refuse to accept service and to get them to reissue the claim, referring them to all of the salient correspondence. If they then applied for judgment, you'd be entitled to set aside and (probably) costs for unreasonable conduct. 

Once the AoS is filed, you make good any procedural defect and its game on. Depends how bullish you are, I guess...

I thought this when I got it but I suppose they would have pursued it.  Unfortunately I didn't see your post until I'd accepted, otherwise I probably would have given them the run around to make up for mine.

Fruitcake said:

Hopefully you sent an SAR, not a FOI request. 

I am fairly certain that six years ago, Highview did not issue PoFA compliant NTKs, and therefore the keeper cannot be held liable.

If you are not sure who was driving, then the PPC have got no chance of knowing. Don't go looking for a reason to lose the case. When you get to the defence stage, one of your defence points will be that the keeper can't remember who was driving on an unremarkable day nearly six years ago. They should also state that multiple people had use of the car. 
They should mention nothing about the type of licence anyone had. It is irrelevant. If there were several named drivers on the insurance, then say so. If other family members or friends or garage mechanics had access to the car, then say so.
Small Claims are decided on the balance of probabilities. 50/50 that it could have been someone else is good enough. 33% is even better.

Please tell us the location of the alleged event. It may have cropped up here before. Be as precise as possible.

Don't forget the complaint to the defendant's MP as well.

Sorry I did send a SAR.  I couldn't remember what it was called. OK Thanks for the advice. Her husband had her on his insurance as a learner.  'I am fairly certain that six years ago, Highview did not issue PoFA compliant NTKs, and therefore the keeper cannot be held liable'. Any ideas how I can find out this? 

Will the court know? I am grateful for everyone's time.

Umkomaas

Your SAR will bring you a copy of the original Notice to Keeper, that will confirm what you're looking for. I'm in no doubt that Highview NtKs were not PoFA-compliant then. They've never attempted to invoke keeper liability, even with much more recent ones. 

Fruitcake

Hatebeingdone said:

Coupon-mad said:

You might be able to find the signs on GoogleStreetView, by changing the image date in the top left box (arrow).

Thanks for this.  I looked it up but you have to spend £6.00 a month to get that service.  I did take some screen shots though which shows there are not that many signs up but I couldn't zoom in enough to see the writing on the signs.

There is no charge associated with changing the image capture date on GSV.
You click on the clock icon near the top left of the image next to the word Street View and a slider with different capture dates will appear if they were taken on different occasions.
You select the date (year) you want to look at, then click on the thumbnail image to change the main image to the historic view you have chosen.