Not quite sure. My son contacted the court and they said they had been having technical problems but they confirmed receipt of the Defence and that we should have written confirmation from them in @ 4days. I was hoping to post again when we have this - tomorrow or Friday. Will post a note here. Thanks again.

Hi Mike, I filed by email (as suggested) my son called the court and was initially told we had until 4pm to file. I was out of the area and so he was asked to send again to both these addresses: [email protected] [email protected] I've come to this site before trying to log on again - will check now and let you know what that says, if I can get on it.

Thanks again

John

I'll pay the set-aside fee if necessary, and claim for that matter, it's the principal that counts. Would the Set-aside fee normally be recoverable if we gave PE another chance to withdraw prior to making the request?

Thanks Mike will do.

Should have been filed yesterday so you're out of time anyway........ best I can suggest is to use alternative filing to [email protected], remember to include the case number and the parties details in the subject line- - eg: Response to Case 5xxxxxx Parkinglie v Johnhill

 

Bear in mind that come 9.00hrs tomorrow it will be logging into its account and requesting default judgment so its probably sensible to telephone the bulk centre and advise it of the issues you were having with the online gateway and your filing of defence by email. Hopefully it will reconcile your defence and place a bar on the case, preventing a judgment.

Thanks Mike, my fault just got tied up with other matters - will send email as suggested.

Thanks again.

The MCOL site saying there is a technical issue

Did you file on time?

Trying to but the online system is saying the Claim ref or p/w is incorrect - taking it off the Claim Form so can't understand..

Could you post a copy on here before you file with the court

Thanks Mike, will do.

Hi Mike,

I read the template that you directed me to and should be able to use that, together with the guidance you've provided, to put a solid Defence in. Have been busy at work so plan to get this off tomorrow - hopefully still in time.

Cheers

John

Not particularly, the defence [if you end up having to file one] should address each point of the claim.

 

If you take a look in the stickys at the top of this forum there's a template which steampowered drafted a couple of years ago. Hopefully it should assist with understanding a CPR compliant defence. Your case is peculiar in that your son was not the keeper but was erroneously recorded as the RK at the time by virtue of the DVLA's error. You have brought this to the notice of the claimant and it should discontinue on the basis that it no longer [if it did at all] have any cause of action. What would/should usually happen is that the claimant would apply to join another defendant and discontinue the claim against your son........ the problem for PE is that it can't add the true RK as it has not gone though the required process within Pofa [and its now out of time to do so]

 

Use the template as a guide and have a go at drafting a defence peculiar to your sons case. Still have a few days to tinker with it before filing

Perfect, thanks Mike.

No word from PE that they intend to withdraw, is there a form of words that should be used to convey the fact that the car was neither owned nor being driven by my son at the time of the alleged offence?

Thanks Mike, I've made the changes. Agreed, it would have been simpler - but not sure they would have believed/taken notice of a reply at that time in any case.

Thanks again

John

That's great, thanks Mike. My sons friend has sent: 1. A note confirming his ownership 2. The V5c/2 document 3. His certificate of insurance for the vehicle. I've asked him again for a copy of the V5 ownership document, but I'm not sure that he's received this yet. He's more than happy to make statement that he was the owner prior to the alleged offence.

I think it would be sensible to draft a few lines to parkinglie offering it the opportunity to discontinue its wholly vexatious claim, no need to go into detail....... just a statement advising you were not the keeper at the time it states it issued its commercial invoice. Perhaps also a reference to CPR 27.3 regarding costs should it decline your offer prior to filing of defence http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.3

Thanks Mike, sorry for the delay I've been on a short break. I now have the documents from my sons friend. How should I communicate with PE in the manner you suggest?

You would still need to file a defence within time or the other side will be entitled to request a default judgment.

 

CPR 12.3 may assist you https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12#12.3

 

Bear in mind that parkinglie are pursuing the keeper [not much else it can do as it relies on DVLA data], did it [DVLA] backdate change of keeper to its records or is the date after the event?

 

Your thread would be better placed in the legal forum, I'll see if I can get someone to move it

Thanks Mike, we're checking the DVLA details, the compliment slip has the date of posting on it saying records updated but nothing else. Hoping my sons friend has an updated version along with his insurance details as evidence. If PE relies on DVLA data, and that is incorrect, other comments exchanged here seem to suggest a statement and insurance details would outweigh assumptions made by PE based on DVLA records. Thanks for help in getting this moved to the right section, the guys here have been great. Just need to get this won and assist my sons friend should PE chose to pursue him. I'll be sure to make a contribution to the site.

that's fine, you will get another letter in about a fortnight saying your AOS has been entered and you will then be asked to fill out an allocation questionnaire. This will then allow PE to see what has been said as a skeleton defence and they can decide if they want to continue or not.

Perfect thanks.

Thanks, done - but there was no place to put the suggested line only acknowledge the claim and show as Defending in Full.

You've all been very helpful thanks very much. I'll respond to the Claim as recommended by #ericsbrother - Will assume that it's okay to respond 'online' unless you say otherwise. Will then update once I have the info back from my son's friend (copy of insurance/agreement to testify, etc).

Thanks again

John

There was tax left on the vehicle when sold - but not for the year so he must have taxed it some time during 2014, insurance was definitely in place as I heard them discussing this when my son sold this car and purchased another. Will check tomorrow.

You're a star, thanks.

Checking about the V5 in the morning. The guys are v.good friends so no bill of sale. I'm certain he would be happy to attend court/make a witness statement to the facts of the sale in April last year - pretty sure my sons friend can also produce an insurance certificate for the vehicle from the relevant date. Just need to confirm this and find the correct form of words to put on the Claim response document.

14 days to reply.. and no proof DVLA were informed of th sale at the time.

Thanks F16,

Would like to dispose of it with a letter to the DVLA but time doesn't appear to be on our side. Happy to defend in full, is there particular wording you can direct me to?

Thanks again.

Hi,

My son sold his car to a friend last April (14) and

received a couple of Parking Eye letters that he passed on to his friend for an alleged offence that took place in December 14.

He then wrote to DVLA saying he didn't think they had received the transfer notice.

This was acknowledged by DVLA but only in February this year.

Today (18/3/15) my son received the attached Claim from Parking Eye = £ 175.00.

My son's not responded to the letters he's just passed them on,

any advice on how he should proceed would be much appreciated.

Thanks in advance

John

Thanks again Silverfox.