ECP / DCB Legal court claim

gavino76

thanks for your patience. so this most recent form is to be completed by the keeper to enable to driver to deal with this?

Gr1pr

Not sure which form you are referring to, but if the non driving keeper doesn't want to deal with the PCN and wants the driver to deal with it instead , then the keeper transfers the liability from keeper to driver by naming the driver to the parking company , giving their address and states that they are doing so using POFA 2012, the law that covers this scenario , transfer of liability 

The named driver should then receive a new pcn with their own name on it , which is then their problem 

The driver, or a 3rd party doesn't do it, the registered keeper does it 

If you mean that form from DCB legal, the registered keeper returns it 

Personally I would also state that as registered keeper I am transferring the liability to the driver named on the form, under POFA 2012 procedures, so they are in no doubt 

I would also copy in the Claimant parking company too , because the registered keeper should be telling the claimant parking company 

You have caused some of these issues by not following the correct procedures, neither has the registered keeper 

gavino76

Gr1pr said:

Not sure which form you are referring to, but if the non driving keeper doesn't want to deal with the PCN and wants the driver to deal with it instead , then the keeper transfers the liability from keeper to driver by naming the driver to the parking company , giving their address and states that they are doing so using POFA 2012, the law that covers this scenario , transfer of liability 

The named driver should then receive a new pcn with their own name on it , which is then their problem 

The driver, or a 3rd party doesn't do it, the registered keeper does it 

If you mean that form from DCB legal, the registered keeper returns it 

Personally I would also state that as registered keeper I am transferring the liability to the driver named on the form, under POFA 2012 procedures, so they are in no doubt 

I would also copy in the Claimant parking company too , because the registered keeper should be telling the claimant parking company 

thank you so much for this. i realise its cringe for you, but i just don't know anything about it.
ill do as you've said.

Gr1pr

Then all you need to know is that YOU only have the authority to deal with letters in YOUR name 

In this case the letters are in a different person's name, so that person is the only authorised adult who can deal with it 

But

That person can give their own authority to someone else, either a solicitor, or name the person responsible, giving the name and address of that 3rd party , in this case, YOU

You cannot speak to her bank about a problem unless she provides her authorisation, happens to me every year when dealing with doctors, insurance companies, Banks, HMRC , DVLA etc. my good lady gives them permission to speak to me, I help her solve the problem, but they won't talk to me without her permission, quite right too. !

My kids cannot take over my financial affairs, or change my will , etc

gavino76

understood sir

Coupon-mad

Coupon-mad said:

Decide now which of you (keeper or driver) will be better placed to defend a claim and if it's the driver, the keeper names them and gives their address now.

I thought the above advice in June was clear? I don't understand why you emailed.

gavino76

i emailed the template per your advice and included my name and address as the driver

yes, ive got it wrong. 

gavino76

hello there. just got back from a short break to find a claim form issue date 30 july. This claim form has the name of the registered keeper on it.

I had previously received a letter from dcbl dated 9th july, asking for 3rd party details. this was completed by the keeper, and returned back 19th july.

it seems they have ignored their own request. Can anyone advise what to do please?

KeithP

gavino76 said:

hello there. just got back from a short break to find a claim form issue date 30 july. This claim form has the name of the registered keeper on it.

I had previously received a letter from dcbl dated 9th july, asking for 3rd party details. this was completed by the keeper, and returned back 19th july.

it seems they have ignored their own request. Can anyone advise what to do please?

The named Defendant must defend themself against the claim.

Can you please show us a picture of the Particulars of Claim from the Claim Form - with your personal detail hidden of course.

With a Claim Issue Date of 30th July, you have until Monday 19th August 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 2nd September 2024 to file a Defence.

That's over 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'.

Coupon-mad

This is great!  The keeper did it just in time and ABSOLUTELY CANNOT be held liable because they transferred liability before court action commenced.

That needs to be in paragraph 3 of the keeper's template defence.

This one will be easy.

The keeper could even do a counterclaim for compensatory damages for abuse of their data (due to transferring liability) so the claim was indisputably issued to the wrong person, but that is more complicated and would force the case to a hearing (that otherwise won't happen, we are sure).