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Not the driver or keeper, driver now living abroad

Apologies if asked before.  I've trawled the newbie thread and a lot of posts and am ready to appeal if necessary.
The registered keeper of a vehicle received a NTK due to the driver parking at a Minster Baywatch car park in June 2022. As the registered keeper was neither the driver or keeper,  the NTK and the letter before claim 9Sept 2022) from Gladstones solicitors was ignored. A claim form (initially thought to be a fake) from County Court Business Centre issue 11 Jan 2023 was issued to the registered Keeper.
The driver (and keeper) now resides in Thailand
is it too late to advise who the driver was, and is it likely it wont be pursued.
Should the acknowledgement of service be made.  
I dont know what evidence they have Am i too late to request SAR.
I understand the driver parked for a short while whilst going to a nearby shop to obtain change.  One of the occupants had recent suffered a broken ankle and may have had difficulties moving quickly.
Should I prepare a defence statement.  I have obtained photos now of the car park signage, though i think it might now be under different management, Bransby Wilson parking solutions. The detailed signs are small print and not visible from the roadside.

Thanks in advance of any replies
«13456713

Comments

  • Umkomaas
    Umkomaas Posts: 44,354 Forumite
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    A claim form (initially thought to be a fake) from County Court Business Centre issue 11 Jan 2023 was issued to the registered Keeper.
    The driver (and keeper) now resides in Thailand
    is it too late to advise who the driver was, and is it likely it wont be pursued.
    Too late I'm afraid to identify the driver now a court claim has been issued. The registered keeper will need to defend this as per advice in the NEWBIES FAQ Announcement, second post.

    Keep going through the advised phases for hopefully a happy ending. 
    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
  • Half_way
    Half_way Posts: 7,702 Forumite
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    Altough not too late to have the court case discontinued
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Coupon-mad
    Coupon-mad Posts: 161,079 Forumite
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    Should I prepare a defence statement.  
    Yes the named Defendant must do the AOS now.

    Then the defence after that.  KeithP will give you the deadlines in your case. 


    "I have obtained photos now of the car park signage, though i think it might now be under different management. Bransby Wilson parking solutions."

    No it is a connected company but this is a defence point (signs in the wrong company name!).  Search the forum for Bransby Wilson Defendant because it's been written before.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 41,296 Forumite
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    Slainte1 said:
    A claim form (initially thought to be a fake) from County Court Business Centre issue 11 Jan 2023 was issued to the registered Keeper.

    Should the acknowledgement of service be made. 
    The Registered Keeper needs to defend himself against the Claim.

    With a Claim Issue Date of 11th January, you have until Monday 30th January to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 
    To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

    Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 13th February 2023 to file your Defence.
    That's over two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.
    To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

    Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.
  • sevenhills
    sevenhills Posts: 5,938 Forumite
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    Slainte1 said:

    The driver (and keeper) now resides in Thailand
    Were you the registered keeper and didn't change the registered keeper?
    Does the registered keeper still have monies in the UK?
    If he lives in Thailand 24/7 he won't be too bothered about a UK parking fine?
  • Brie
    Brie Posts: 16,710 Ambassador
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    How can the registered keeper not be the keeper?  Who cares if it goes to court if the keeper doesn't live in the UK and isn't intending to return???
    I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe, Old Style Money Saving and Pensions boards.  If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.

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  • KeithP
    KeithP Posts: 41,296 Forumite
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    edited 25 January 2023 at 11:23PM
    It appears that the named Defendant lives in this country - which for the moment I am assuming is England.

    If that's the case, then the named Defendant would be wise to defend himself against the Claim.
    That Defence may be as simple as "I was not the driver nor was I the keeper of the vehicle on the day of the alleged parking event". 

    A Registered Keeper is not necessarily the day to day keeper.
  • Half_way
    Half_way Posts: 7,702 Forumite
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    1:Registered keeper - the person or entity that is on record as the keeper of the vehicle with the DVLA
    2: Keeper - the person or entity that keeps ( ie looks after ) the vehicle - this can change each day - see Keeper on Day of Event
    3: Owner the person or entity that owns the vehicle

    All can be different people/companies etc, the keeper can be many different people , hence the term keeper on day of event


    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Slainte1 said:

    The driver (and keeper) now resides in Thailand
    Were you the registered keeper and didn't change the registered keeper?
    Does the registered keeper still have monies in the UK?
    If he lives in Thailand 24/7 he won't be too bothered about a UK parking fine?
    I am the registered keeper, the driver was my son, he now keeps the vehicle at his fathers address
    he will be living in Thailand for the forseeable, but would not want a CCJ against him. He does have monies in the uk
  • Coupon-mad
    Coupon-mad Posts: 161,079 Forumite
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    Hang on, we thought you were in the firing line for the CCJ?  Is the named Defendant you?
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