PCN on lease vehicle - Small Court Claim Form

PCNscam2024

Hi,
Apologise for coming so late. I checked Newbee posts and wanted to ask for confirmation on my actions:
I had Parking charge notice BP Stansted for overstay. I started receiving letters and i ignorred all of them until i received the Claim from from Civil National Business Centre - DCB Legal Ltd.
The vehiche was hired and the hierer give them my details.
My defence is on grounds that whilst i was registered keeper i was not the driver. Note this is pool car. 
First i Acknowlaged that i will defend and i am preparing my defence. In my Defence i am using the template as follow (alredy edited) : 

1.  The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC').

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and does not know who was driving the vehicle. 

3. The vehicle is used by many drivers at the same time and the Defendant does not recall the location.

Gr1pr

If its a lease vehicle then you are the lessee. ( Hirer. ) , day to day keeper, but you are definitely not the Registered Keeper, chances are that the lease or hire company were the registered keeper, passing on your lease details at the time 

Name the parking company, ( is it ECP. ?  ), plus post the issue date on the claim form and the date of the AOS submission, plus post a redacted picture of the POC, minus the VRM details 

Only post the paragraphs you have changed, not the whole thing, nobody is going to check 30 or more paragraphs 

KeithP

Hello and welcome. I am struggling with this bit...

PCNscam2024 said:

The vehicle was hired and the hirer gave them my details.
My defence is on grounds that whilst I was registered keeper I was not the driver. Note this is pool car. 

If the Hirer gave them your details, isn't it a fact that you are not the Registered Keeper?
It looks to me that the parking company got the Registered Keeper's details from the DVLA and the RK gave them your details as 'the day to day keeper'.


What is the Issue Date on your Claim Form?

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

Who is the Claimant?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

PCNscam2024

Apologise for posting the whole reply + spelling errors.
Claim form Issue date 02 Sept 24.
Acknowlagement 13 Sept 24
OK, i understand my error now. So i am using someone elses vehicle which they rent to me on daily basis like many other with the same multidriver policy. I am then not the registered keeper and neither i am the driver. Is that correct?

Gr1pr

You are not the registered keeper UNLESS you are named on the V5c and so on the DVLA database 

The hire or lease company are probably the Registered Keeper, not you 

If you weren't driving, then you cannot be the driver 

You are the lessee, hirer, renting the vehicle from the registered keeper, so a day to day keeper only 

The claimant is MET Parking via DCB Legal , for the alleged overstay 

Castle

You have left the Claim number, MCOL password and the VRM showing.

KeithP

PCNscam2024 said:

Claim form Issue date 02 Sept 24.
Acknowledgment 13 Sept 24

With a Claim Issue Date of 2nd September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 7th October 2024 to file a Defence.

That's a little over a week 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

PCNscam2024

Thank you all who commented. I did not realise that i will receive so may comments so quickly.

I wanted to ask if the following 2 points would be factually correct that i know the car but i am not registered keeper or driver.

Thank you!

Gr1pr

Yes, the vehicle is recognised as your lease vehicle, but you are or were the day to day keeper, but not the Registered Keeper or the driver and you cannot recollect who was driving on the day in question 

Bazarius

You are not the “keeper” of the vehicle as such  within the meaning under Para 2 of Pofa 2012 .  

Even if the claim is against the hirer - this claimant, in my experience, never ever have complied with Para 14 of PoFA which is the Hirer Liability provision  under the same  Act . 

Coupon-mad

Just say what your connection is to the car!