Capital car park / DCB Legal Claim form - Parking at Business Leased space

Coupon-mad

That's not based in the template defence (except paragraph 1) so it's hard to advise.  But remove this which doesn't help:

"5. Claim was made by Private Limited Company and Signs were put up by the Firm."

You should be making much more of this:

"All appeals were made by the driver and debt recovery letter issued in driver’s name but claim was issued to registered keeper of car. "

How did that happen again? it's not lawful.

Brightlinks

Coupon-mad said:

That's not based in the template defence (except paragraph 1) so it's hard to advise. 

@Coupon-mad shall I show here whole defence ?

Coupon-mad

Brightlinks said:

Coupon-mad said:

That's not based in the template defence (except paragraph 1) so it's hard to advise. 

@Coupon-mad shall I show here whole defence ?

No please remove it.

We don't ever need to see the full defence so please delete that post.

I think I see what you've done. Looks like you moved paragraph 2 to be paragraph 8.

My previous advice still stands. 

Brightlinks

Coupon-mad said:

That's not based in the template defence (except paragraph 1) so it's hard to advise.  But remove this which doesn't help:

"5. Claim was made by Private Limited Company and Signs were put up by the Firm."

You should be making much more of this:

"All appeals were made by the driver and debt recovery letter issued in driver’s name but claim was issued to registered keeper of car. "

How did that happen again? it's not lawful.

My husband has a premises lease and car park lease with the superior lease holder. we raised it with them and they directed to the parking firm and as per them you have not stick the permit on windscreen- I told them that permit arrived late in post due pandemic. premises was closed until the end of August. all other tenants complained and since march 2024 contact cancelled with capital car park. 

We have proof of letter issued in driver's name, appeal denied + debt recovery agent's letters too.

Coupon-mad

Please delete the full defence post as it's making your thread too long and puts people off commenting (we hate being asked to read the template defence in full, day after day!).

You haven't made either of the changes I first advised.

Brightlinks

Coupon-mad said:

Please delete the full defence post as it's making your thread too long and puts people off commenting (we hate being asked to read the template defence in full, day after day!).

You haven't made either of the changes I first advised.

Deleted the full defence, rearranged the numbers as suggested.

Shall I remove below too ?

3.            It is admitted that at all material times the defendant is the registered keeper of vehicle registration mark xxx which is the subject of these proceedings. The vehicle is insured with Avia Zero Car Insurance with 2 of the named drivers permitted to use it.

Coupon-mad

No. And I still have not seen a version with the two changes I first suggested. Nothing to do with swapping paragraph numbers.

Coupon-mad

Coupon-mad said:

You should be making much more of this:

"All appeals were made by the driver and debt recovery letter issued in driver’s name but claim was issued to registered keeper of car. "

How did that happen again? it's not lawful.

                             

Brightlinks

@Coupon-mad Please help me with what else can be added here ?

Coupon-mad

Yes ... then cite the PoFA schedule 4 where it says the right to keeper liability only exists when the driver is unknown.

And cite the BPA CoP 2020 which says keepers can only be pursued when drivers are not known (words to that effect are there).