Parking invoice question invoice dated from before Oct 2012
Discussion
No if about it. The OP clearly stated right at the start that the ticket was in February 2012.
Under the legislation applying at that time the DCA will have to identify and pursue the driver.
If more than one person could have driven the car, remembering a specific day two and a half years ago could be a problemos arg.
Quite apart from the fact that the OP is under no legal obligation to tell them.
If Beavis hadn't been a tt by ignoring all correspondence and gone the POPLA route it is unlikely we would be where we are now.
The result of the appeal is going to have repercussions whichever way it goes. I hope whoever is arguing for Beavis, he/she ensures the deficiencies which have since been identified in the case put before HHJ Moloney are brought to the attention of the CoA.
Under the legislation applying at that time the DCA will have to identify and pursue the driver.
If more than one person could have driven the car, remembering a specific day two and a half years ago could be a problemos arg.
Quite apart from the fact that the OP is under no legal obligation to tell them.
If Beavis hadn't been a tt by ignoring all correspondence and gone the POPLA route it is unlikely we would be where we are now.
The result of the appeal is going to have repercussions whichever way it goes. I hope whoever is arguing for Beavis, he/she ensures the deficiencies which have since been identified in the case put before HHJ Moloney are brought to the attention of the CoA.
drivin_me_nuts said:
Right,
home now with the form in front of me and TBO i'm not sure what to make of it.
For a start the form looks like a poor photocopy with a number of poorer copied sheets attached to the back of it.
It's for a company with the name Debt Enforcement And Action Limited. with my name as claimant. The bottom left of the form says Ni claim form ( CR Part7)(12.12) and then bottom right (c) Crown copyright 2012.
The top right has a box with Northampton something something - there is a sticker over it with a reference bar code and then an 8 digit reference.
Towards the bottom of the bottom of the form there is a box which indicated the court name for hearings
Barnet Civil and Family Court Centre.
Is there a way that I can find out from the reference number if this is a genuine count reference number of this particular company are playing mickey mouse with me.
The second page has a signature at the bottom from a solicitor.
The poorly photocopied sheets are about country court claim forms, your response sheet, attachment of earnings, defence and admission sheets that can be sent back. All these pages have N9 response pack written at the bottom of them.
Surely if a claim is registered in me in the court, using these references I should be able to find it 'somewhere' on line.
Something feels very wrong here. I'm sure the court process does not hand out a poor photocopy of a poor photocopy as a legal means of dialog.
Cheers,
DMN
I'd guess it would look a little like thishome now with the form in front of me and TBO i'm not sure what to make of it.
For a start the form looks like a poor photocopy with a number of poorer copied sheets attached to the back of it.
It's for a company with the name Debt Enforcement And Action Limited. with my name as claimant. The bottom left of the form says Ni claim form ( CR Part7)(12.12) and then bottom right (c) Crown copyright 2012.
The top right has a box with Northampton something something - there is a sticker over it with a reference bar code and then an 8 digit reference.
Towards the bottom of the bottom of the form there is a box which indicated the court name for hearings
Barnet Civil and Family Court Centre.
Is there a way that I can find out from the reference number if this is a genuine count reference number of this particular company are playing mickey mouse with me.
The second page has a signature at the bottom from a solicitor.
The poorly photocopied sheets are about country court claim forms, your response sheet, attachment of earnings, defence and admission sheets that can be sent back. All these pages have N9 response pack written at the bottom of them.
Surely if a claim is registered in me in the court, using these references I should be able to find it 'somewhere' on line.
Something feels very wrong here. I'm sure the court process does not hand out a poor photocopy of a poor photocopy as a legal means of dialog.
Cheers,
DMN
, badly photocopied.
Just what I was sent, not driving, submitted a defence that mostly followed BV72's 'go **** yourself' but with a bit more detail.
Never heard anything, so followed up a while later with the court service, case dropped/withdrawn.
Sounds like a standard fishing expedition using the courts and DVLA to give them a big cheap net.
kiethton said:
Just out of interest what would happen if the car had been sold since 2012 or you had moved?
Just a little confused as I was accumulating a fair few of these a month between 08-13 and don't have that car any more/live at that address any longer (although still have mail forwarded)
BINGO! If you've not got your mail forwarded, anyway (and who does after more than 6 months or a year, as a rule?) .Just a little confused as I was accumulating a fair few of these a month between 08-13 and don't have that car any more/live at that address any longer (although still have mail forwarded)
An undefenced claim in the court, followed swiftly by a CCJ against you - which will be a nice surprise next time you apply for credit or (more importantly) a mortgage...
Others have referred to "fishing trips" ; I'd suggest this is one such.
Robust defence at this stage (along the lines of that suggested by MSE or PePiPoo, and 'parking prankster' also has a fair bit of info as well) will see these pre-POFA claims off in short order .
Righto, an update.
A letter has arrived from the court with a date for the hearing . I moved court to one local to me.
My 15 minutes of allotted time is now determined, but my question is, for those who have been through this process is, what should I expect in terms of being asked questions etc. I'm new to this. Never been in a court before, so have no idea as to what to expect.
Cheers,
Dmn
A letter has arrived from the court with a date for the hearing . I moved court to one local to me.
My 15 minutes of allotted time is now determined, but my question is, for those who have been through this process is, what should I expect in terms of being asked questions etc. I'm new to this. Never been in a court before, so have no idea as to what to expect.
Cheers,
Dmn
As this relates to an incident that is pre the Freedoms Act then there isno liability on the keeper you just deny you were the driver and there is no requirement on you to name the driver.
Or am I missing something.
If I'm right and you win in court don't forget to nail them for all the expenses you can. They may not want to travel to your local court so there could be a no show
Or am I missing something.
If I'm right and you win in court don't forget to nail them for all the expenses you can. They may not want to travel to your local court so there could be a no show
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