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Day in court. Advice welcome

I am due in court in the next few weeks for the case brought against me. Any advice is welcome to help me support my defence. I genuinely sold my car, cancelled the insurance, and had insured and registered myself as the owner of my new car. I have a letter from the insurance company as proof of cancellation of policy prior to the offence.

I can also show payment into my account for the sold car before the offence. I honestly fully complied and sent of my V5 docs at the time. I have also never been to the location of the car park that is approx.30 miles away from my home.

For whatever reason the car must have been still registered as the owner at the time of the ticket or I would not have received the ticket. Obviously i had no idea the change of ownership had not transferred until i got my first letter from the parking firm, even then i just laughed it off that they had made a big mistake. Now i realise that still being registered as the owner will be the hardest thing for me when it comes to defending my case. I have refused any settlement fee as I do want to defend myself, however i am not stupid and realise I am up against a company that will know how to knock me down in court. Any additional advice will be gratefully received. For what its worth I had sold the car without an MOT.

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Comments

  • etienneg
    etienneg Posts: 649
    Part of the Furniture 500 Posts Name Dropper
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    When you submitted the V5 to DVLA, did you complete the section with the buyer's name and address, or did you not have these details?

  • MrJenkinsEsq
    MrJenkinsEsq Posts: 326
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    edited 25 August at 4:00PM

    Read the defence I wrote in this thread and the surrounding comments. If you can prove you handed over permanent possession along with right to use on the road then you are not the keeper under PoFA irrespective of whose details the DVLA held in the register.

    https://forums.moneysavingexpert.com/discussion/comment/82113394#Comment_82113394

    I'm a random person on the internet. I hold no legal qualifications and nothing I say is advice.

  • Gr1pr
    Gr1pr Posts: 16,626
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    edited 25 August at 4:30PM

    Name the private parking company claimant involved and any lawyers

    Nb, there was no offence ! ( Not by anyone at all. )

  • fatbelly
    fatbelly Posts: 24,145
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
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    It isn't clear what stage this is at. Do you have a hearing date? You say 'next few weeks'

    Have you received a court claim. Did you defend it?

    Or is this still at the debt collector threatogram stage?

    Ps. The V5 shows the keeper, not the owner

  • NZJEFF1
    NZJEFF1 Posts: 5
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    edited 25 August at 5:14PM

    This is the final trial date. In court, in person.

  • fatbelly
    fatbelly Posts: 24,145
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    It's a hearing not a trial.

  • Umkomaas
    Umkomaas Posts: 45,037
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    Are PE fronting the case themselves, or is DCB Legal involved and representing them?

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Car1980
    Car1980 Posts: 3,719
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
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    edited 25 August at 5:59PM

    What is the date of the hearing?

    What is the date they have to pay the hearing fee by?

    When do you have to exchange witness statements by?

    You realise only a tiny number of claims actually go to a hearing and most are discontinued a couple of weeks before?

  • NZJEFF1
    NZJEFF1 Posts: 5
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    edited 26 August at 8:59AM

    Hearing is the end of September. Claimant must pay by the 9th September. Witness statements by the 16th September.

    I know i have a lack of knowledge with this and I find myself learning more about the process with each stage, however I have accepted the risk and i am at peace with myself should I lose.

    However Its great for me to know that we are still in a who will blink first competition, thanks CAR1980. I had just accepted that this was now going to court no matter what.

    I spoke to them on the phone yesterday and offer them £15 as a token gesture, saying that would be my petrol cost to get to the court on the day.

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