Letter of claim

KeithP

@Fruitcake, I notice that your link to the PAP includes the words 'Redraft spring 2015'.

I have no idea whether the text differs from the PAP when introduced in October 2017 - I haven't checked.

Fruitcake

KeithP said:

@Fruitcake, I notice that your link to the PAP includes the words 'Redraft spring 2015'.

I have no idea whether the text differs from the PAP when introduced in October 2017 - I haven't checked.

Good point. I'll need to do some homework, but the intent is for the OP to use the PAP to get this "over the line" as it were.

Fruitcake

Just thinking about this, if the keeper was not the driver, now would be a good time to name them, wouldn't it?

Coupon-mad

JerzyB said:

I have advised DCB that because they have failed to provide me with correct and accurate information I will no longer deal with them but only with UKPC directly.

Wrong move.  Surely you want to avoid court altogether by reaching the 6 year 'time out' mark?

I listed how you can carefully/slowly achieve that, in my earlier reply to you.

Fruitcake just added a great suggestion if the Defendant wasn't driving.  If the keeper provides the driver's name and address now, that should get you both past the line and any claim is statute barred.

But you must email DCBLegal with something new every month to achieve that.

JerzyB

Coupon-mad said:

JerzyB said:

I have advised DCB that because they have failed to provide me with correct and accurate information I will no longer deal with them but only with UKPC directly.

Wrong move.  Surely you want to avoid court altogether by reaching the 6 year 'time out' mark?

I listed how you can carefully/slowly achieve that, in my earlier reply to you.

Fruitcake just added a great suggestion if the Defendant wasn't driving.  If the keeper provides the driver's name and address now, that should get you both past the line and any claim is statute barred.

But you must email DCBLegal with something new every month to achieve that.

Is it not too late to supply the driver's name? 

Fruitcake

No, it's not too late as long as the driver was not the keeper, and the driver's details are provided to the claimant before a court claim is issued.
You do not have much time to do this.

If the driver was not the keeper, tell the claimant and their solicitor, TODAY, giving the driver's name and current address for service. The driver MUST then acknowledge (admit) that they were the driver when the claimant contacts them.

This assumes there was no NTD left on the vehicle, and a NTK was issued to the keeper as a result of ANPR being used.

The claimant must (should) then issue a NTD to the driver who should then wait until the last day but one to appeal.

If the claimant fails to accept the driver's details, a complaint must then be made immediately to the BPA.
If a court claim is issued against the keeper after the driver has been identified, complaints should be made to the court with a draft order requesting a strike out and costs for unreasonable behaviour.

Coupon-mad

Even if DCBLegal just issue a LBC to the named driver, that person can then ask questions (slowly, as shown in the linked threads I drew your attention to in the Summer)..

The driver must be ready and primed on what to do.  No point, after all this time, in letting the last 3 months slide and the driver then sleepwalking into a last gasp court claim!

If DCBLegal tell you that you are too late to give the name and address of the driver that's great too; just repeat the name and address again and reiterate that you have transferred liability under the POFA before court action commences and they must take it up with the driver.

JerzyB

Fruitcake said:

No, it's not too late as long as the driver was not the keeper, and the driver's details are provided to the claimant before a court claim is issued.
You do not have much time to do this.

If the driver was not the keeper, tell the claimant and their solicitor, TODAY, giving the driver's name and current address for service. The driver MUST then acknowledge (admit) that they were the driver when the claimant contacts them.

This assumes there was no NTD left on the vehicle, and a NTK was issued to the keeper as a result of ANPR being used.

The claimant must (should) then issue a NTD to the driver who should then wait until the last day but one to appeal.

If the claimant fails to accept the driver's details, a complaint must then be made immediately to the BPA.
If a court claim is issued against the keeper after the driver has been identified, complaints should be made to the court with a draft order requesting a strike out and costs for unreasonable behaviour.

The driver is an old friend and is a traveller (new-age, not Romany or Irish) and I don't know where he is currently, only his last known place of residence; the incident was over 5 years ago after all, and he tends to go to the south coast for the latter part of the year. I don't have a working phone number for him at the moment, either; he usually gets in touch with me when he returns here each April/May. Also, there was a parking charge notice attached to the car - the ticket wasn't issued via ANPR.

All I have are Google Street View screenshots that prove - without a shadow of doubt - the photos sent to me by DCB are not contemporaneous with the time of the incident, and 20-odd screenshots from the Royal Mail postcode finder page - along with a map and photos that show exactly where the car was parked - that prove the location on the PCN is not the location of where the car was actually parked. 

Fruitcake

JerzyB said:

Fruitcake said:

No, it's not too late as long as the driver was not the keeper, and the driver's details are provided to the claimant before a court claim is issued.
You do not have much time to do this.

If the driver was not the keeper, tell the claimant and their solicitor, TODAY, giving the driver's name and current address for service. The driver MUST then acknowledge (admit) that they were the driver when the claimant contacts them.

This assumes there was no NTD left on the vehicle, and a NTK was issued to the keeper as a result of ANPR being used.

The claimant must (should) then issue a NTD to the driver who should then wait until the last day but one to appeal.

If the claimant fails to accept the driver's details, a complaint must then be made immediately to the BPA.
If a court claim is issued against the keeper after the driver has been identified, complaints should be made to the court with a draft order requesting a strike out and costs for unreasonable behaviour.

All I have are Google Street View screenshots that prove - without a shadow of doubt - the photos sent to me by DCB are not contemporaneous with the time of the incident, and 20-odd screenshots from the Royal Mail postcode finder page - along with a map and photos that show exactly where the car was parked - that prove the location on the PCN is not the location of where the car was actually parked. 

Okay, reply with the information above and request contemporaneous photos of your vehicle that show where it actually was parked, using the reply forms and information from my previous thread about the PAP, and specifically quoting the requirement not to start proceedings for 30 days, but without mentioning that you are seeking debt advice 

JerzyB

Fruitcake said:

Okay, reply with the information above and request contemporaneous photos of your vehicle that show where it actually was parked, using the reply forms and information from my previous thread about the PAP, and specifically quoting the requirement not to start proceedings for 30 days, but without mentioning that you are seeking debt advice 

I've already done that via the reply form. As I mentioned above - "Quite laughably, they have sent me a photo of the exact spot where the car was parked, taken some time between 2016 and now, that shows a sign, however, Google Street View photos from 2016 and 2022 show the sign is missing! The sign was NOT visible in any of the photos they took of my car."