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change of driver

2

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  • Umkomaas
    Umkomaas Posts: 41,311 Forumite
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    kevnvicb said:
    Umkomaas said:
    kevnvicb said:
    it was issued on 21st November 2923
    Has the claim been acknowledged yet, if so, when?  Your husband's MCOL History will tell you. While you're checking that, tell us what the current status of the claim is please. 
    What is MCOL? sorry
    Money Claim OnLine. The claim form will have the claim number and passcode for you to use to access. 
    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
  • Coupon-mad
    Coupon-mad Posts: 131,199 Forumite
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    edited 20 December 2023 at 3:02AM
    kevnvicb said:
    JerryJ64 said:
    Assuming the AoS was submitted in time, you have until 4pm on Wednesday 27th December to submit a defence as a pdf attachment to an email. As advised above, the claim must be done in the name of the person on the claim form.

    Assuming that the claim is in the name of the registered keeper, you must not screw this up by revealing the identity of the driver. The driver and the registered keeper are two separate entities in law and, unless you have previously revealed the identity of the driver, they have absolutely no idea who that is. Even if they had a very clear HD image of "the driver", they still do not know who it is because they have no magical database with photos of everyone in the UK and their driving licence details to compare with. They are not allowed to use any images for forensic detection as they are not the police and this is a civil litigation matter, not a criminal one.

    So, if they have no idea who the driver is and only the driver can be held liable, they cannot pursue the registered keeper because the location of the alleged breach of their terms is covered by airport bylaws and so is not relevant land for the purposes of PoFA 2012.

    Defending against these MET claims for the scam being operated at this location are easy and 100% winnable as long as you don't screw it up and make it harder by revealing the identity of the driver. What exactly do the PoC state? Is it anything to do with "driver left site"? If so, what evidence have they provided in the original NtK to back up that assertion?
    On the acknowledgement of service I put my name in the 'defendants full name if different from the name on the claim form' box
    ARRRGH!

    You can't do that.

    Clearly that's just for cases where the Defendant's surname has changed when they got married/divorced. You can't change a court defendant to a different person.

    The Defendant is now at immediate risk of a CCJ.  The case is undefended and not acknowledged by them.

    Get the Defendant (NOT YOU) to use the password in that Claim form and acknowledge this claim NOW. 

    How to do that is shown in pictures in the second post of the NEWBIES thread which also gives the Defendant their Defence template.

    URGENT!

    This must be put right immediately.

    Don't post any more forms.

    Get the named defendant to rescue this easily online and by email as the NEWBIES thread coaches. Dead easy to defend.

    Please read the resource. No link needed.

    DO NOT LET THEM PANIC AND PAY.
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    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thankyou, We have tried logging onto the moneyclaim website but it is saying the claim number is invalid. My husband is working away and cant call the court, obviously they wont speak to me as its in his name. I've sent an email to them asking for advice. 

    I am sooooooo stressed by this. 4 bloody years ago and they suddenly put in a court claim. I have no idea what I'm doing, its just ruining my christmas 
  • JerryJ64
    JerryJ64 Posts: 114 Forumite
    First Post Name Dropper
    edited 20 December 2023 at 1:31PM
    kevnvicb said:
    Thankyou, We have tried logging onto the moneyclaim website but it is saying the claim number is invalid. My husband is working away and cant call the court, obviously they wont speak to me as its in his name. I've sent an email to them asking for advice. 

    I am sooooooo stressed by this. 4 bloody years ago and they suddenly put in a court claim. I have no idea what I'm doing, its just ruining my christmas 
    As this is urgent, just call the CNBC and pretend to be your husband. They will have no idea and what your voice sounds like is irrelevant. They don't know if you are a male with a high pitched voice or whatever. (assuming you are a female).

    Just to it as, if you have not yet been issued a CCJ by default, you are about to.
  • Thankyou, I'll try it, what is it that I need them to do when I call? I'm getting really confused
  • JerryJ64
    JerryJ64 Posts: 114 Forumite
    First Post Name Dropper
    You need to explain to them that you have not yet acknowledged service of the claim and you are unable to do so because your MCOL password is not working. You can mention that you erroneously put the wrong name on the AoS form.

    Just make use you have the information you need to be able to access your husbands Government Gateway if necessary. You'll need to give them the claim number obviously.
  • I have managed to get into the MCOL website with the gateway details. It says a judgement was entered against him on 13th December. What do I do now??????????????????????????????
  • We have finally managed to log into the MCOL website with my husbands gateway details. It says that a judgement was issued against him on 13th December. Can he apply to have this set aside so he can file the defence?
  • kevnvicb said:
    We have finally managed to log into the MCOL website with my husbands gateway details. It says that a judgement was issued against him on 13th December. Can he apply to have this set aside so he can file the defence?
    this is the draft for setting aside, any suggestions?

    I was working away when the claim form arrived on 27th November 2023. My wife returned the Acknowledgement of service on 30/11/23 with a view to me completing the defence when I returned, after seeking legal advice. 
    She did not realise that she could not sign it for me, she believed that she was accepting that the claim had been received.
    On 12th December 2023 I received the Acknowledgment of service back in the post saying that it was unacceptable due to a 3rd party signing it.
    On 13th December I emailed CCBCAQ@justice.gov.uk to ask if it was ok for me to sign the same Acknowledgement of service form, Debbie Dawdry, Admin Officer, CNBC claims Response Team replied to say that I could sign it next to my wife and return it by email to her, which I did the same day, 13th December 2023.

  • JerryJ64
    JerryJ64 Posts: 114 Forumite
    First Post Name Dropper
    You now have an uphill struggle. The claim was not acknowledged or defended through no fault of the claimant. You are going to have to have a very strong argument and explanation for why you failed the above. What you have posted is weak and not really an excuse.

    There are two CPRs you can invoke for a set aside reason. A mandatory set aside under CPR 13.2 and a discretionary set aside under CPR 13.3. You may want to have a look at those CPRs to try and understand what you need to argue. Either way, the set aside is going to cost you £275 which you will not be able to claim as costs should it be set aside. The claim could be set aside and then set for another hearing with no guarantee you will win.

    In the meantime, unless the CCJ is paid in full within 30 days of issue, you will then have the CCJ on your credit record for the next 6 years unless it is set aside at some stage. Paying it in full within 30 days will get rid of the CCJ and any record of it will be expunged from your credit record. Paying it after the 30 days will only "satisfy" it but it will remain on your record.

    The dilemma is whether your chances of getting a set aside are good or not. If they are good, it doesn't matter if it takes longer than 30 days (which it probably will) to get the set aside. However, if your set aside is unsuccessful, you are lumbered with a prro credit record for the next 6 years. 

    If you pay the CCJ before the 30 days is up, your application to set aside is muddied because you will have, in effect, admitted liability for the claim. The PPC will fight tooth and nail against any set aside. It can be dome and there are a few cases on here where that has happened. However, it is not easy.

    I'd wait and see what a few of the other regulars on here suggest before making any decisions.
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