Car Park Services - Letter from small claims court - Northern Ireland

Mossfinn

I live in N Itreland and POCA does not apply here. They are attempting to intimidate you. When I have received private tickets I have simply stated that whilst I am the registered keeper it does not follow that I was automatically the driver. The driver is the one who entered into a contract with you and I have no moral or legal obligation to provide information on who was driving at any particular time. 

Mspx

B789 said:

It does not say that you were the driver. It just claims that you are the registered keeper. In NI, the keeper cannot be liable. They have to provide proof that you were the driver. Have you, at any stage, communicated with them and admitted, directly or indirectly that you were the driver?

No I have not, I always paid either cash or via mobile app.

Mspx

Can I acknowledge and then have time to prepare a defence? And can I hit them with a SAR? 

Umkomaas

Mspx said:

Can I acknowledge and then have time to prepare a defence? And can I hit them with a SAR? 

But you haven't yet received an actual claim form from the NI court. What is there to acknowledge?  You can send a SAR at any time, but I'd just hold off at least until there's a consensus on the forum as to the way to proceed with what you've received. My view (but others may differ) is that you hold off doing anything (other than contacting the Consumer Council for their take) until you receive a formal court claim. What you have now, imho, is an application by CPS, which may (or may not) be sent to the court to raise the claim. 

Grizebeck

As above you wait for any actual claim form. I didn't see the picture before but its clear no claim has been issued yet nor may it be

Coupon-mad

Umkomaas said:

That is just an application not an actual court claim. The formal court claim form surely must come before defending. This might just be an 'arm twister'?

I don't know the system.  The OP should ask the Consumer Council to advise.

Mossfinn said:

I live in N Itreland and POCA does not apply here. They are attempting to intimidate you. When I have received private tickets I have simply stated that whilst I am the registered keeper it does not follow that I was automatically the driver. The driver is the one who entered into a contract with you and I have no moral or legal obligation to provide information on who was driving at any particular time. 

I do think the OP should respond thusly.

It would look more reasonable.

But without seeing the accompanying paperwork I don't know whether an application is a 'claim' or a precursor to a claim.  Nor do I know whether a person is expected to respond AT THIS STAGE under the pre-action protocol in NI.

The Consumer Council will know.

Mspx

I have spoken to the consumer council and they have advised I can’t appeal the charges now as they have taken pre claim action and if I am taken to court I could be asked to name the driver by the judge and if I fail to do so I will liable for the debt. They’ve advised to contact them and make a payment plan or seek legal advice. 

Coupon-mad

Mspx said:

I have spoken to the consumer council and they have advised I can’t appeal the charges now as they have taken pre claim action and if I am taken to court I could be asked to name the driver by the judge and if I fail to do so I will liable for the debt. They’ve advised to contact them and make a payment plan or seek legal advice. 

We disagree except for the advice to seek legal advice.  That's worthwhile.

You cannot name the driver if it's genuinely a possible two people.  And you can't be presumed to be driving nor held liable in law unless the Judge thinks You were driving.

This looks like pre-action stage. Is it?  Did you ask the CC that?

Why aren't you responding to that letter, as I told you to? You could name both drivers and give an address for them. I would.

drayid

Ehhh guys so i have recieved the same letter for 2 days (i live in Northern irelnad and never responded to them) that i supposedly didnt pay i honestly cant remember as my parents use my car some time. The dates are back in aprilish 2019. But mine has a Courts and tribunal letter attached so its offically lodged! What do i do? The total amount is over £200 which is insane for 2 days parking

B789

Please show us the Courts and Tribunal letter (suitably redacted of personal details). We are not familiar with the exact process in NI. However, an actual claim must include the particulars.