Overstayed by 21mins

sai1601

this is what ill be sendong - copy and paste from the forum - any issues with the last paragraph, as i literally copied and pasted

Your ref: 

Dear Sirs, 

I am the registered keeper of the vehicle, however was not driving the car. I am not obliged to identify the driver and I decline to do so. As there is no legal presumption that the keeper of a vehicle was its driver on any particular occasion, your client cannot pursue me as driver (see VCS v Edward, 2023).

As your client cannot pursue me as driver or keeper, it would be an abuse of the court’s process for your client to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your client’s unreasonable conduct.

If you persist in processing my data and in the event of filing a court claim, take note that I will file a Part 20 counterclaim. This will be claimed as damages for distress arising as a result of clear breaches of the DPA 2018 and/or the Protection From Harassment Act 1997.

Yours Sincerely,

Registered keeper

Coupon-mad

No idea where you got that? It is neither the one in post 2 of the NEWBIES thread nor is it the shorter LBC response in the MSE Guide.

It's also likely to be wrong in every way because UKCPM can usually hold keepers liable.

sai1601

Coupon-mad said:

No idea where you got that? It is neither the one in post 2 of the NEWBIES thread nor is it the shorter LBC response in the MSE Guide.

It's also likely to be wrong in every way because UKCPM can usually hold keepers liable.

It was this link under post 2 in the newbies thread 

https://forums.moneysavingexpert.com/discussion/comment/80421536/#Comment_80421536

Coupon-mad

But that's for an Airport case where POFA doesn't apply.

sai1601

Ahh I didn’t realise - I assumed it was the case no matter as long I was not the driver .. 

I found this template and will use it :

To whom it may concern,

Your ref: [insert reference number]

Proposed legal proceedings

Claimant: [insert name of parking company]

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:

[Insert correct address here]

The alleged debt is disputed and any court proceedings will be vigorously defended.

Yours faithfully,

Should I write that I was not the driver at the time?. 

Coupon-mad

Yes I would add that if it is true. That is a good template (comes from the new official MSE Guide).

  

sai1601

I've emailed so will wait on a reply! Thank you 

sai1601

I’ve had a reply from them stating I am still
liable to pay as I have not nominated the driver. Any advice on what to do next.? They are asking for £170 

Gr1pr

Yes, wait for the court claim from the CNBC in Northampton using MCOL 

Car1980

Any reason you don't want to name the driver?

It would send them down a snake all the way back to square one and they must send a fresh charge notice to the driver.

If they stupidly made a claim after you pass them the information their claim against you would also fail.