Mistaken identity parking fine - Courts and Tribunals Service letter now received

Jimny2024

Hi all,

Just wanted to say thanks again for your help and advice. I've emailed Parkmaven to instruct them to discontinue, let's see what/if they respond with. 

I will complete the AOS is the next day or two, and will then begin my defence. Hopefully, it's pretty straightforward – it's not my car, never has been and here's proof. 

The_Slithy_Tove

Jimny2024 said:

I will complete the AOS is the next day or two, and will then begin my defence. Hopefully, it's pretty straightforward – it's not my car, never has been and here's proof. 

Their PoC hedges their own bets by suggesting you may be either driver or keeper. The keeper bit is easy: as you say you have proof you have never been the RK. You must also rebut the driver bit simply by stating you were not driving this car you've never had any association with, and if they think otherwise, they'll need some proof (such as your own admission or even someone else's nomination of your name and correct address, neither of which they will have).

Car1980

Jimny2024 said:

Hi all,

Just wanted to say thanks again for your help and advice. I've emailed Parkmaven to instruct them to discontinue, let's see what/if they respond with. 

I will complete the AOS is the next day or two, and will then begin my defence. Hopefully, it's pretty straightforward – it's not my car, never has been and here's proof. 

Parkmaven or DCB Legal?
PM will just say word to the effect that it's out of their hands.

The_Slithy_Tove

Car1980 said:

Parkmaven or DCB Legal?
PM will just say word to the effect that it's out of their hands.

They can't. They are the claimant, so can't wash their hands of it. They may say to communicate through their legal monkeys, but that's not the same thing. Worth ensuring both PM and DCB are on all communications.

Jimny2024

Hi, it has been mentioned to me to look into filling in form N244 to get a judgment set aside 

Is it worth it? It mentions a fee to apply, does anyone know how much that would be?

BikingBud

From what you have informed you do not appear to have judgment to set aside.

You have a claim to defend.

If you do not defend and the claimant gets a default judgment then you might wish to try and get a set aside, but not yet.

Coupon-mad

Jimny2024 said:

Hi, it has been mentioned to me to look into filling in form N244 to get a judgment set aside 

Is it worth it? It mentions a fee to apply, does anyone know how much that would be?

Yes we do. It is all in the NEWBIES thread second post but you don't have a CCJ as far as we know?

Who gave you that bad advice? Not Citizens Advice by any chance?

Jimny2024

Coupon-mad said:

Jimny2024 said:

Hi, it has been mentioned to me to look into filling in form N244 to get a judgment set aside 

Is it worth it? It mentions a fee to apply, does anyone know how much that would be?

Yes we do. It is all in the NEWBIES thread second post but you don't have a CCJ as far as we know?

Who gave you that bad advice? Not Citizens Advice by any chance?

Yes it was. How did you know? When I read about it I did think I'm not sure about that

Car1980

You have a claim form. You showed it to us. 

Citizens' Advice don't know their ars e from their elbow.

Just keep your head down and sort your defence out.

Coupon-mad

Jimny2024 said:

Coupon-mad said:

Jimny2024 said:

Hi, it has been mentioned to me to look into filling in form N244 to get a judgment set aside 

Is it worth it? It mentions a fee to apply, does anyone know how much that would be?

Yes we do. It is all in the NEWBIES thread second post but you don't have a CCJ as far as we know?

Who gave you that bad advice? Not Citizens Advice by any chance?

Yes it was. How did you know? 

Years of life experience fighting these PCNs!

Sadly Citizens Advice have no idea about the scam of private parking demands or court claims and their advice is awful on this subject.

They start from a wrong presumption that it's a real debt that should be paid and they warn of court costs that don't exist. Of course you can defend a scam invoice in the county court system.

I looked on their website and i could find NOTHING to even begin to guide a consumer what to do with a parking firm Claim Form except general 'you may need legal advice'.

Which you don't!

This RAC Guide also avoids giving legal advice but they get it right:

https://www.rac.co.uk/drive/advice/driving-advice/how-to-appeal-a-parking-charge-notice-pcn/

CAB should copy that.