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  • KeithP
    KeithP Posts: 41,296 Forumite
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    edited 27 February 2024 at 5:14PM
    The address has been updated with DVLA. What would the data rectification notice accomplish? 
    It would ensure that neither the Claimant, their solicitor or HMCTS would be able to use an out of date address - either by mistake or intentionally - on further communications.

    Should I remove the drivers name but still denie being the driver?
    Yes if you weren't the driver.
    At best, having the driver's name in your Defence could lead to confusion.
    At worst, it could lead to the Claimant deciding to issue a new Claim against the driver.
  • Le_Kirk
    Le_Kirk Posts: 25,138 Forumite
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    Daver1978 said:
    Hi all, thanks for the advice, just a couple of questions.
    The address has been updated with DVLA. What would the data rectification notice accomplish? Should I remove the drivers name but still denie deny being the driver?
    This ensures that any further communication goes to your address and that way you do not miss any important information - you should tell the CCBC of your address unless you have already done that when completing the AoS.
  • Umkomaas
    Umkomaas Posts: 43,807 Forumite
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    edited 27 February 2024 at 5:14PM
    I was the driver, my wife is the registered keeper.
    Against which of the two of you is the court claim made?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 41,296 Forumite
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    edited 27 February 2024 at 5:14PM
    I was the driver, my wife is the registered keeper.
    Ahhh... new information.

    So your wife is the named Defendant - is that right?

    If that's so it is most important that everything is done in the name of the Defendant. Of course you can help, but do take care with this point.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    edited 27 February 2024 at 5:14PM
    Claims against registered keeper.
    As we expected.  So everything we've advised stands. She doesn't NAME you!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 41,296 Forumite
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    edited 13 January 2023 at 4:42PM
    And to pre-empt your next question...

    If this ever gets to a hearing then yes you can attend the hearing and speak on behalf of the Defendant.

    Read The Lay Representatives (Rights of Audience) Order 1999
  • Umkomaas
    Umkomaas Posts: 43,807 Forumite
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    KeithP said:
    And to pre-empt your next question...

    If this ever gets to a hearing then yes you can attend the hearing and speak on behalf of the Defendant.

    Look up The Lay Representatives (Rights of Audience) Order 1999
    As long as they are in attendance with you.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Surely my case as the driver a member of the gym be stronger?
  • I take it my strongest argument is she wasn't driving, which she wasn't. Would I have to prove this in some way.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    edited 13 January 2023 at 5:10PM
    Daver1978 said:
    I take it my strongest argument is she wasn't driving, which she wasn't. Would I have to prove this in some way.
    It is not your case to defend.

    If you thought your position was stronger than your wife's, then you should have come here for advice and she could have transferred liability with one email, by naming you as the driver before court action commenced.

    She is the Defendant because she didn't transfer liability to you when she could have (the whole of 2022 when letters were arriving, she could have).

    This is her case. Not yours.

    The strongest argument IS NOT that she wasn't driving, unless the PCN was 'non-POFA' but the Newbies thread explains all of this, including the law about keeper liability (IF they used it...).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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