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VCS CCBC Claim Form - Not the driver - 6 years ago

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Dear Experts

I've posted on this group before for this exact problem (I thought it was closed - I was wrong!)
Back in April 2016, my car was in for service. A few weeks after I got it back I got a notice to keeper with a PCN invoice.
Spoke to the garage, who suggested I ignore. Which I did do until the 'red' letters started coming in.
After a bit of back and forth and explaining I wasn't the driver BW legal requested I provide the drivers details - which was supplied to them in the form of a letter stamped by the garage. (Jan 2018)
The end?...... No! then proceeded to follow-up.
After a bit more back and forth (save for the lockdown period) I finally got a letter from BW legal stating
"We can confirm that your account with us is now closed and the initial balance will no longer be pursued
Should you require any further information, please contact the client directly" (Jan 2020)
Now, I am no legal expert, but in reading this - should be case closed right? - (Crowd survey says...)
I them get a letter from DBC Legal ( June 2021) - Re unpaid parking.
Again - I sent them all the above again to 'refresh' their memory.
And finally 1 July 2022 I've finally got the CCBC claim form.
In a way I am pleased, because following this there is no comeback, but I am also really annoyed at all the harassment.

Thankfully there is a lot of information on these forms - (and I will do the MCOL acknowledgement in a few days) but the standard defence doesn't really seem to cover a "not the driver" scenario. (And apologies if I missing something)

There is a lot about signage, inflated fees, boundaries - which seem to apply if you were the driver, however, if you are not the driver and are able to support that you were not the driver, I am not sure how it all fits into a defence. Therefore, do I need anything different?

My second point is - any rational person would assume that there are at least two situations above where this should have been case closed.
1) where the other driver details were supplied
2) the letter from BW legal stating "initial balance will not longer be perused"

So I would like to ask you all, what basis I would have for a claim for harassment (this issue has caused a massive amount of tension in our house!) and the best way to go about this (cost effective - like most people I don't have much expendable income on a solicitor/lawyer and would be more than willing for no-win no-fee type arrangement (but surely its a win-able case?))

Your help in advance is much appreciated.
H
«13456

Comments

  • Castle
    Castle Posts: 4,793 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Do the P.O.C on the claim form give a date for the PCN? (because, based on the dates you have given, it's statue barred after 6 years).
  • HNZS
    HNZS Posts: 27 Forumite
    10 Posts Second Anniversary
    Thanks for the response castle- 
    The POC (particulars of claim?)
    1. The D is indebted to the claimaint for a parking charge issues to V at access roads.
    2. The PCN details are 04/07/2016, Reference No.


  • HNZS
    HNZS Posts: 27 Forumite
    10 Posts Second Anniversary
    And I've just reviewed all the documentation a little closely and they have used 07/04/2016 and 04/07/2016 interchangeably. So the date on the CCBC claim form is incorrect - I think.
  • DE_612183
    DE_612183 Posts: 3,810 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    HNZS said:
    And I've just reviewed all the documentation a little closely and they have used 07/04/2016 and 04/07/2016 interchangeably. So the date on the CCBC claim form is incorrect - I think.
    they probably used that date so it wouldn't be over 6 years old!
  • HNZS
    HNZS Posts: 27 Forumite
    10 Posts Second Anniversary
    Thanks DE_61283.

    So does this would mean that the CCBC is a scare to elicit payment and the moment I fill in the AOS with Defend the case they would need drop the case as the CCBC POC is referring to a event that never happened?


  • HNZS
    HNZS Posts: 27 Forumite
    10 Posts Second Anniversary
    HNZS said:
    Thanks DE_61283.

    So does this would mean that the CCBC is a scare to elicit payment and the moment I fill in the AOS with Defend the case they would need drop the case as the CCBC POC is referring to a event that never happened?


    I should add for clarity that the car was in for service in April 2016 (with credit card receipt on 9th April 2016). I can't recall exactly how many days it was with them.
  • Jenni_D
    Jenni_D Posts: 5,431 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    edited 4 July 2022 at 11:12AM
    As a claim has been filed then you need to now play the game.

    In your defence you put them to strict proof as to the date of the alleged breach of contract. You believe that the date was 07-Apr-2016 and not 04-Jul-2016, thus the claim is statute-barred.
    Jenni x
  • HNZS
    HNZS Posts: 27 Forumite
    10 Posts Second Anniversary
    I still have the original Notice to Keeper / Driver.

    Date of issue 19/05/2016 (You can't read this date in mm/dd/yyyy - so there is no way that they can refer to an event that hasn't yet occurred!)
    Contravention Date: 07/04/2016
    With the same PCN ref No.

    I am weary about contacting them / solicitors as they don't respond for 3 months then raise their ugly head again (once you think its all over) with a new demand - I'd appreciate any pointers to wording that might help to make their response timebound (with consequences if it isn't)

    The thing about this is that it really makes my blood boil - I've stood firm on the basis that I knew that I'd not done anything wrong. Anyone else barraged with the same level of 'threats' may have folded and parted with their money (even though they shouldn't!). Surely there has to be a way to stop this kind of activity? Is Gross incompetence a crime?

  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    "The thing about this is that it really makes my blood boil - I've stood firm on the basis that I knew that I'd not done anything wrong. Anyone else barraged with the same level of 'threats' may have folded and parted with their money (even though they shouldn't!). Surely there has to be a way to stop this kind of activity? Is Gross incompetence a crime?"

    There has been an issue with several car parks in a town where I live and although a number of claims are being challenged many have just paid up. I feel that the people that have challenged the claims are just the tip of the iceberg. 

    Many people have a fear of court. When I was going to court a friend asked me if I thought I would 'get off '. I replied I am not the bl--dy accused.     

    Nolite te bast--des carborundorum.
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