HELP Received HM Court claim form for a car we no longer owned

nzjeff

We have received a court claim form for an unpaid parking ticket. We had sold our car back in FEB 2022 The ticket offence was in March 2022, one month after selling it. We did receive letters from the company Parkingeye in the post and did try to call them when we received the first letter but no answer. After that we just ignored the letters as we did not own the car at the time of the offence.

We had sold the car to a dealer who came to our house. We did send the V5 document to DVLC but we are now concerned that it may have not have been processed. I was going to send a V888 form to DVLC but i am not sure if its worth it as we were obviously registered as the owners when the offence happened.

The only thing that may help us is that we sold the car without an MOT. We can see online that the car passed an MOT just before the parking offence, although we can not see the location.

That all we have, happy to answer any further questions if you think you can help. The fine is £350 pounds. The car was registered to my Wife and i know she does not want to risk receiving a county court judgement.

Coupon-mad

She's not risking a CCJ with us!

It'll be discontinued later this year: all she has to do is defend, then (later on) fill in a simple form, take a 2 minute phone call then twiddle her thumbs until they fold.

All of this is in the first 8 steps in the Template Defence sticky thread, pinned at the top of this board. No link needed.

She could use the Template Defence or she could just write her version, using only a bit of the template for structure and primarily stating that she was neither the keeper nor driver at the material time.

Is this a DCB Legal claim?

Show us the POC and the Date of Issue.

nzjeff

Hi coupon mad. I have sent you the info in a private message as i could not upload direct to here You have my permission to post the info if you think it may help.

Coupon-mad

I don't read pm's!

You can show photos here. 🙂

nzjeff

Issue date 4th MARCH

Gr1pr

Breach not pleaded, complete the AOS online stage on MCOL first, then use the special defence template

I assume that Parking Eye issued the Money Claim via DCB LEGAL. ?

Coupon-mad

Breach not pleaded, complete the AOS online stage on MCOL first, then use the special defence template.

Yes she could partly use that version but she must have the facts as well, near the start. Maybe instead of the template first paragraph. Saying when the car was sold.

Then at the end of para 2 she states she is the wrong Defendant and she must reiterate her denial of being the keeper or driver.

Then para 3 can be Chan and Akande but I reckon some of the rest of the Template Defence needs removing for this case as it is unusual. Wrong Defendant. Not liable.

nzjeff

Thanks In answer to Gr1pr yes its DCB legal

nzjeff

MCOL cone but can anyone explain the AOS stage

Nellymoser

It's explained in the NEWBIES Announcement thread POST 2 - Small Claim scroll to the section So, where to start dealing with a claim?

nzjeff

Should we add anything to this Is it enough?

Dear Sir or Madam,

Re:Parking Charge Notice number

I dispute your 'parking charge' and I deny any liability or contractual agreement,

I was not the owner of the vehicle at the time of the offence, nor have I ever visited the location of the offence. The car in question was sold by myself in January 2022.

I confirm I filled in and sent off all relevant v5 documents to the DVLC in Jan 2022 confirming I had sold a vehicle.

I would also point that at the time of the offence I would not have had any insurance to drive this car or any tax for this vehicle, again due to having sold it.

I am also keen to stress that the car did not have an MOT when we sold it.

We can see online that the new owner of this car had it MOT on the 1st March 2022.

 

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