NAMED DEFENDANT NOT DRIVER OR KEEPER

TheRaz

My wife has received a Claim Form issued by Gladstones on behalf of UK Car Park for "breach of the terms of parking stipulated on the signage etc...."  She has been named as the defendant although the registered keeper of the vehicle is a company.  She has not been identified as the driver or the keeper at the time of the alleged breach. Since she was not the driver we have submitted an AOS with full defence. Having searched the Newbies thread, various templates and other threads I have been unable to find any reference to previous defences for this scenario. We would very much appreciate any pointers or references to similar cases on how best to defend this. Instinct says we should state something along the lines of no liability as not the driver nor keeper of vehicle, but this seems too simple?

Thank you for any advice.

KeithP

TheRaz said:

Since she was not the driver we have submitted an AOS with full defence.

So a "full defence" has been filed.

We then go on to read...

TheRaz said:

Having searched the Newbies thread, various templates and other threads I have been unable to find any reference to previous defences for this scenario. We would very much appreciate any pointers or references to similar cases on how best to defend this. Instinct says we should state something along the lines of no liability as not the driver nor keeper of vehicle, but this seems too simple?

If you have filed a Defence, then I am not sure I understand what you are asking.

Perhaps we need to explore that phrase you used - we have submitted an AOS with full defence - a bit more.
What exactly has been filed?
Was anything written in the 'Defence and Counterclaim' box when filing an Acknowledgment of Service? If so, what?

Coupon-mad

Exactly the same as this one this week:

https://forums.moneysavingexpert.com/discussion/6472575/dcb-legal-claim-for-3-pcn-for-business-vehicles

Grizebeck

When will people slow down...

TheRaz

KeithP said:

TheRaz said:

Since she was not the driver we have submitted an AOS with full defence.

So a "full defence" has been filed.

We then go on to read...

TheRaz said:

Having searched the Newbies thread, various templates and other threads I have been unable to find any reference to previous defences for this scenario. We would very much appreciate any pointers or references to similar cases on how best to defend this. Instinct says we should state something along the lines of no liability as not the driver nor keeper of vehicle, but this seems too simple?

If you have filed a Defence, then I am not sure I understand what you are asking.

Perhaps we need to explore that phrase you used - we have submitted an AOS with full defence - a bit more.
What exactly has been filed?
Was anything written in the 'Defence and Counterclaim' box when filing an Acknowledgment of Service? If so, what?

Sorry, I meant we have submitted the AOS with the "I intend to defend all of this claim" box checked - nothing else.  I have signed the AOS as the defendant's litigation friend, not sure if this makes any difference.

Grizebeck

TheRaz said:

KeithP said:

TheRaz said:

Since she was not the driver we have submitted an AOS with full defence.

So a "full defence" has been filed.

We then go on to read...

TheRaz said:

Having searched the Newbies thread, various templates and other threads I have been unable to find any reference to previous defences for this scenario. We would very much appreciate any pointers or references to similar cases on how best to defend this. Instinct says we should state something along the lines of no liability as not the driver nor keeper of vehicle, but this seems too simple?

If you have filed a Defence, then I am not sure I understand what you are asking.

Perhaps we need to explore that phrase you used - we have submitted an AOS with full defence - a bit more.
What exactly has been filed?
Was anything written in the 'Defence and Counterclaim' box when filing an Acknowledgment of Service? If so, what?

Sorry, I meant we have submitted the AOS with the "I intend to defend all of this claim" box checked - nothing else.  I have signed the AOS as the defendant's litigation friend, not sure if this makes any difference.

Yes it does
You are NOT a litigation friend . So fill in form N9 ( correctly ) and try again as the court will return it
Email it ccbcaq@justice.gov.uk

KeithP

What is the Issue Date on the Claim Form?

Everything must be done in the name of the named Defendant.

TheRaz

KeithP said:

What is the Issue Date on the Claim Form?

Everything must be done in the name of the named Defendant.

Issue date is 14th August 23

TheRaz

Coupon-mad said:

Exactly the same as this one this week:

https://forums.moneysavingexpert.com/discussion/6472575/dcb-legal-claim-for-3-pcn-for-business-vehicles

I know its 11th hour defence, not ideal but this will be really helpful. Thank you

KeithP

TheRaz said:

KeithP said:

What is the Issue Date on the Claim Form?

Everything must be done in the name of the named Defendant.

Issue date is 14th August 23

So an attempt was made to file an Acknowledgment of Service 'on behalf of the Defendant'.

Suggest the named Defendant does now, immediately, file an Acknowledgment of Service following the guidance in the Dropbox file linked from the second post in the NEWBIES thread. Hopefully that will still be possible.

With a Claim Issue Date of 9th August, and having successfully filed an Acknowledgment of Service, the named Defendant has until 4pm on Monday 18th September 2023 to file her Defence.

That's just a few days away.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

Coupon-mad

The AOS filed by the wrong person is not an AOS at all so you have exposed the person to a risk of a CCJ, the minute the CNBC notice that the AOS was wrongly filled in by a third party.

DO NOT SIGN THEIR DEFENCE NOR PUT YOUR NAME ON IT ANYWHERE.

The Defendant must sign & date (can be done electronically) then save as a PDF.  Not a Word doc, obviously!

You CAN use your email address (if you are best placed to handle the case and will pick up emails quicker) but sign it off the name of the Defendant. Not you.