Intercepted and Hid Parking Fine notices and Court summons from my brother

teamwork

Hi everyone.
I think my question is different from previous posts on these forums.
My situation is that I overstayed the half hour limit in a BP petrol station car park. I had someone in the car with me who was unwell and the manager of the station told me he'd email Met Parking who managed it, to inform them that we had been given permission to stay overtime.

However, the car was my brother's and I didn't want to confess to him that I had incurred a fine on his car. I live at my parent's home with my brother. I have managed to intercept any letters regarding the fine and hidden them from him. I hoped the parking firm would not take it to court if no response was received. I missed the actual dates for appeal to the adjudicator.

However court summons have been issued. I filed a defence online in my brother's name, but he is still unaware that any of this is going on. I have had a few phone calls that were missed and an email from them saying that they wish to discuss, but failing an agreement will continue to court.

My main question is should I tell the parking firm that the car owner has not been notified of these proceedings? Or should I turn up in court and tell the judge and plaintiff that the real defendant has no knowledge of the proceedings because I intercepted his letters due to living at the same address. Is my behaviour potentially a criminal offence or will the plaintiffs just be obliged to reissue proceedings to my brother?

I would struggle to pay any fine because I'm currently on Universal Credit.

I haven't got proof of the permission that the BP petrol station manager gave me to park past the time limit because this happened 5 years ago and since then that manager is no longer there.

Coupon-mad

BP?  Who do you mean?

Which parking firm and which solicitor?

If it is DCBLegal they will discontinue if your brother does the next simple bit properly. 

I suggest you edit and delete that defence from here because it is unique to the case.  The claim hasn't been issued to the wrong person.

My gut feeling is: tell your brother now.

teamwork

Coupon-mad said:

BP?  Who do you mean?

Which parking firm and which solicitor?

If it is DCBLegal they will discontinue but I wonder if you mean Britannia and BW Legal?

I suggest you edit and delete that defence from here because it is unique to the case.  The claim hasn't been issued to the wrong person.

My gut feeling is: tell your brother now.

Thanks very much for your reply. It's Met Parking Services using DCB Legal as the solicitor. The email received last week states "our client intends to proceed with the claim." But without prejudice it states that I can call them within 7 days as they may be prepared to settle the case.

What do you mean that DCB Legal will discontinue? Do they just issue court papers as a bluff to scare people into paying?

I'll try to delete the defence as advised - Thank you.

Coupon-mad

Oh good, DCB Legal.

Your brother won't even have a hearing in front of a Judge because DCB Legal discontinue these cases, as long as he sends a decent WS.  Please read the NEWBIES FAQS thread. It's all there including an example winning WS.

Promise me you will take a deep breath and quietly tell your brother this week? Say you have something you feel very bad about and tried to sort out, but went the wrong way about it. Say how upset you are, but the good news is you've just found out this:

https://forums.moneysavingexpert.com/discussion/comment/80402973/#Comment_80402973

That's what will happen.

No hearing. Case discontinued. 208 and counting! Look at the link in that reply!

Coupon-mad

Is it a BP Garage at an Airport?

teamwork

It was a normal BP Garage in London. 
Looks like the best choice is to tell my brother about this as you suggest. I've used the search function and realised that WS is the Witness Statement, and that it will have to be quite elaborate and longer than the initial defence that I filed. But I can do that and hopefully they will discontinue the case.
Thanks again!!

Coupon-mad

teamwork said:

It was a normal BP Garage in London. 
Looks like the best choice is to tell my brother about this as you suggest. I've used the search function and realised that WS is the Witness Statement, and that it will have to be quite elaborate and longer than the initial defence that I filed. But I can do that and hopefully they will discontinue the case.
Thanks again!!

No need to search. I told you (your brother) where to find the WS example to adapt.

DON'T let him write it only about "the story of what happened" or DCB will see the defence as weak and there will be a hearing.

To achieve discontinuance (no hearing, PCN cancelled) he needs to do the WS bundle properly to signal that he is here on MSE.

Please direct him to read the second post of the NEWBIES thread.

Umkomaas

Please direct him to read the second post of the NEWBIES thread.

After which, please read this:

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

fisherjim

It isn't a "fine" why didn't you go back to the manager at the garage and tell him his Rottweilers were still hounding you even though he promised to get it sorted?

teamwork

fisherjim said:

It isn't a "fine" why didn't you go back to the manager at the garage and tell him his Rottweilers were still hounding you even though he promised to get it sorted?

First time I got the fine, I went to him and he said he'd email them again. By the time I got the reminder for the fine the manager had left that branch so I had nobody to verify it was done. 
When I phoned BP customer service, they didn't seem to understand what I was asking about so I gave up.

UncleThomasCobley

teamwork said:

fisherjim said:

It isn't a "fine" why didn't you go back to the manager at the garage and tell him his Rottweilers were still hounding you even though he promised to get it sorted?

First time I got the fine, I went to him and he said he'd email them again. By the time I got the reminder for the fine the manager had left that branch so I had nobody to verify it was done. 
When I phoned BP customer service, they didn't seem to understand what I was asking about so I gave up.

Did you actually read the question?