I think I've made my own hell

Jackie5mith

Looking for advice please. My car's V5 shows my friend's previous address (agreed some years ago with good reason) but he is now homeless. He recently received a letter at my address from a solicitor stating that he had received 3 parking charges and that they were intending to take Court action. I responded, confirming that I was the owner and driver and that I had permission to park. I asked that the Defendant be charged to my name and I submitted a Defence as the Defendant in the case. My details have not been added (changed to Defendant) and it has now been transferred to the local court for hearing. My friend has never corresponded with them or the Court. A further letter has now been received for a further parking charge but he has taken MSE's advice and printed their recommended letter to respond. Because I responded to the first letter I don't know how best to deal with this. Should he start at the beginning with the response letter to the first claim even though it has now been transferred to the Court? A Court date has not been listed yet. Thank you for any advice you can give. 

Ayr_Rage

Get the correct address on the V5 before you have to present it to anyone, I believe you can be fined for not updating that too.

Brie

who are the parking charges from?  local authority or local shop or whatever?

Keep_pedalling

I can’t see any good reason to have someone else's address on the V5, I just hope you have not had any NIPs for speeding that you are also unaware of.

ChirpyChicken

Let's seperate the fact from the fiction
You are perfectly entitled to use another address on your V5 as long as you can easily be contacted at that address.

Car1980

New PCN and existing court process are unconnected.

Coupon-mad

A person who is not the named defendant cannot defend. If you sent a 'defence' then it is void and it will be struck out soon.

The case will continue in his name. He will get a CCJ because he failed to defend.

Johnersh

The defence will only be struck out (a) if the court exercises that discretion or (b) the defendant asks. If it is set down for a hearing, both should ideally attend.

Incidentally, having named the driver pre-action by letter, there is likely no basis in law (at least under PoFA) to continue pursuing the keeper at all. That would mean the claimant's case failing.

The easiest course would be for the court to make directions spelling out what is required for each party to put their house in order.

Coupon-mad

But it sounds like the driver wasn't named before litigation. I can't understand why there is a claim in the friend's name though.

I say he MUST have responded, early doors. Otherwise they would never have had his name.

My details have not been added (changed to Defendant).

Of course not. You are too late to name yourself and you are not the D. He is, because early on, he responded to PCNs.

Jackie5mith

Thank you for your comment but he has never received a PCN previously nor received any correspondence prior to the Court papers. He was annoyed to receive this and I volunteered to deal with it as I was the driver. No evidence has been submitted. Mediator dealt with me in this matter.

Jackie5mith

Brie said:

who are the parking charges from?  local authority or local shop or whatever?

Private parking company - CPM (UK Car Park Management Limited) who have been employed by my landlord to oversee the parking at my residence. I had a permit to park with this vehicle but they removed this, without notice, a couple of years ago. I assume that if they succeed in this action, they will want me to pay at least £70 a day for parking at my address