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

Coupon-mad

pinkcat1020 said:

Was there an outcome to this case? I am in the same position court date as been assigned for the 12th of December I am disputing as I was not the driver but very worried as I’ve never been to court before and not sure I will be able to defend myself well enough it’s giving me a lot of anxiety. 

You aren't in NI, so your case is completely different than this thread. Have you done your WS and evidence? Due this coming week.

Start your own new thread using the red button and show us 3 things there (Not here): 

1. your claim form, data & claim no redacted

2. The PCN (Notice to Keeper)

3.  The exact verbatim defence you put in.

pinkcat1020

Coupon-mad said:

pinkcat1020 said:

Was there an outcome to this case? I am in the same position court date as been assigned for the 12th of December I am disputing as I was not the driver but very worried as I’ve never been to court before and not sure I will be able to defend myself well enough it’s giving me a lot of anxiety. 

You aren't in NI, so your case is completely different than this thread. Have you done your WS and evidence? Due this coming week.

Start your own new thread using the red button and show us 3 things there (Not here): 

1. your claim form, data & claim no redacted

2. The PCN (Notice to Keeper)

3.  The exact verbatim defence you put in.

I am in NI and being taken by the same company as the woman above. 

Grizebeck

OK please post up the claim form
Did you ever appeal or admit to being the driver
The strongest defence If possible is that you were not the driver
This is a local northern Ireland parking firm. Not many parking firms based in NI

Coupon-mad

Oh! Interesting.  Should be simple but never assume a Judge knows niche areas of law.

If you were not the driver, you can't be held liable because there is no POFA applicable and no lawful presumption that a keeper is a driver.

Use VCS v Edward & Excel v Smith.

Start your own thread.

pinkcat1020

Grizebeck said:

OK please post up the claim form
Did you ever appeal or admit to being the driver
The strongest defence If possible is that you were not the driver
This is a local northern Ireland parking firm. Not many parking firms based in NI

The claim is for 3 seperate charges in 2020 1 being 5 days before I had my child , 1 on the day I had my child and 1 in March the day we went into lockdown! I haven’t spoke to them until today via email to change my address as I've not lived there for almost 4 years advised by the court to get their evidence. 
  I basically copied what was said in one of the comments above and that I'm not aware of who was driving them days without a photo of them. The letter from the court says to upload any evidence being used but I am not sure what I can use other than a birth certicate and a screenshot from google saying that was the day we went into lockdown. 

Coupon-mad

pinkcat1020 said:

Grizebeck said:

OK please post up the claim form
Did you ever appeal or admit to being the driver
The strongest defence If possible is that you were not the driver
This is a local northern Ireland parking firm. Not many parking firms based in NI

The claim is for 3 seperate charges in 2020 1 being 5 days before I had my child , 1 on the day I had my child and 1 in March the day we went into lockdown! I haven’t spoke to them until today via email to change my address as I've not lived there for almost 4 years advised by the court to get their evidence. 
  I basically copied what was said in one of the comments above and that I'm not aware of who was driving them days without a photo of them. The letter from the court says to upload any evidence being used but I am not sure what I can use other than a birth certicate and a screenshot from google saying that was the day we went into lockdown. 

You need to start a thread of your own, so we can help you with your WS and evidence.

In your thread state that you are in NI but do have a court claim (very rare) and a hearing in 3 weeks.

Show the claim form in your thread (redacted).

pinkcat1020

I started a new thread not sure how I share it to you though