Name driver ?

thechud

Good morning, I have tried going through all advice but I am a bit confused, can someone please advise , I have seen posts on pcns not to name driver but received court letter now I know I have to appeal online but on the form received it asks who the driver is if not keeper so do I have to do it when signing up and putting in details, or leave it blank ? I am trying to prepare make notes before signing up as I have MS and get confused and overwhelmed so afraid of messing up , any help would be greatly appreciated 

Grizebeck

1. not an appeal
2. no you cant name the driver at this stage

Gr1pr

The person named on the claim form defends it 

During this stage the defendant named on the form is defending it, even if they were not driving 

Part of the actual defence may well be that the keeper was NOT the driver 

Redact the claim form and post a picture, to do so , redact your name and address, redact the reference number top tight, redact the password bottom right, redact the VRM shown in the POC on the left as well 

Leave all dates showing 

Its now too late to name the driver 

thechud

Thank you . 

Gr1pr

So its from Civil Enforcement, acting by themselves, issue date is 22 May for £274.67 , so do deal with the AOS as directed in the newbies sticky thread in announcements, second post , doing it online on MCOL as keeper ASAP 

The POC don't really explain the alleged breach 

Fruitcake

The PoC are wholly inadequate and fail to state why the claim is being brought. Was it for failing to stand on one leg and sing the national anthem, or for parking a blue car in a space reserved for red cars only? The defendant has no idea, therefore the whole of the template defence should be used, and the Chan v CEL case plus the transcript from that case included as per hharry's thread. This is explained in the template defence sticky Announcement.

You should begin the process by completing the acknowledgment of service asap. Make sure you get an auto confirmation response. If not, try again, possibly from a different email account.
Once you have done the AoS, you will have nearly four weeks to get your head around things, and post your draft defence here for checking before you submit it by email. Note that you only need to show us the parts of the defence you have amended, not the whole of the template from the sticky Announcement.

If the keeper was not the driver, then the defendant may have an additional defence point, but it will depend on whether the notice to keeper (NTK) complied with Schedule 4 of the Protection of Freedoms Act (PoFA) 2012.

Post both sides of the NTK here for checking if you are not sure. Make sure you redact all personal data but leave all dates showing.

However, do the AoS first, then read the guide to court written by bargepole you will find in the sticky Announcement for NEWBIES, then read the template defence sticky that includes a 12 step guide to the process.

Fruitcake

thechud said:

What is ais I can’t find it looked in thread acronyms only find aos is that it ?

It's a typo. It is AoS.

Gr1pr

My typo, AOS , fixed it now for you 

Coupon-mad

The Template Defence already tells you that the Defendant "can't be changed to the driver now".  Please read the Template Defence thread. The keeper is not 'appealing'.

LDast

It is interesting that the claim is for £170 (plus incorrect interest). The reminder letter was only for £140. A PCN cannot be for more than £100.

When you prepare the Template defence using the hharry100 add-on of the Preliminary Matter to have claim dismissed for failing to note the cause of action, you should also include the following additional paragraph in the same Preliminary Matter section, after the CEL v Chan transcript.

Additionally the Claim should be struck out on the basis that it contravenes Schedule 4, Paragraph 4(5) of the Protection of Freedoms Act 2012 (PoFA). PoFA clearly stipulates that a creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking charges as they stood when the notice to the driver was issued. The original Parking Charge Notice (PCN) issued by the claimant cannot have been for more than £100. The claimant's current claim is for £170, which exceeds the amount of the unpaid parking charges as stated in the original notice. The claimant’s attempt to claim an unlawful amount constitutes an abuse of process and should not be allowed to proceed. I respectfully request the allocating judge to dismiss the claim on the basis of the claimant’s contravention of Schedule 4, Paragraph 4(5) of PoFA and thereby CPR 1.1, CPR 3.4(2)(a) and (b) and CPR 27.14 and to award costs to the defendant for having to defend against this improper claim.

KeithP

With a Claim Issue Date of 22nd May, you have until Monday 10th June to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 24th June 2024 to file your Defence.

That's nearly four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.