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About Tony08

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  1. When I emailed trethowns I requested that they send to me all photographs of the signage and all of the letters which had been sent out. Attached is an image of the signage that Trethowans state is the contract upon entering the car park. In all of the communications I have had with Trethowans one of the pieces of information that they have refused to send is the letter to, and response from, the DVLA. I submitted a subject access request to Trethowans yesterday to hopefully obtain this information. Is there anything else you would advise I do? Should I still contact DVLA? Also, my wife has agreed to state that she was driving and did discard of my post. Would this make a difference at all? Contract Nov 14- 2016 -.doc
  2. Thank you Ericsbrother, and my apologies for the imprecise use of terminology. With regards to the comment I made about my wife being (un)cooperative. This was not in relation to passing on mail. It was following on from the remark you made "You wont need your wife's co-operation with this but it would help". I was trying to ascertain how you thought it is possible that she could help. Can you advise where I can find the name of the parking co? The only communications I have received are that I have received via email. These only refer to Trethowans and their client as being Aintree University Hospitals NHS Foundation Trust. No mention of any other parking co. Thank you again T
  3. Thank you so far Ericsbro The company chasing the fine is Trethowans. The fine at present is £172. Is there a change of winning the £255 back if the parking co do not want to continue after the set aside? The ownership of the car is not so straightforward in some respects and I'm unsure if that makes a difference. We jointly own the car but it is in my name for DVLA purposes. Same with the insurance only I'm the policyholder. Both are at the same address that I had moved from but the car remains there. The wife cooperates with some aspects but not with others. Is there something I can at least ask her to do which may reduce my legwork?
  4. On 19th October 2017, my wife (only legally) parked at Aintree Hospital car park. According to the solicitors who have chased me for money a breach of contract notice was placed on the windscreen of the car. They state that this provided 14 days to pay or appeal. They have told me that because they had no registered vehicle details that they requested this from the DVLA. The solicitors have refused to provide the date that they sent this letter to the DVLA or provide a copy of the letter or DVLA response. On 28th November the solicitors state that a pre-action letter was sent and provided 30 days to appeal or pay £60. They state that a further pre-action letter was sent on 19th January 2018. They then say that on 2nd March 2018 Court proceedings were issued. A claim form was said to have been posted on 6th March giving until 22nd March for a defence to be filed. A defence was not filed by me nor were any court directions complied with (e.g. directions questionnaire). Consequently a CCJ was issued dated 24th May. The only letter I had handed to me by my wife was the CCJ letter (24th May letter). I was not driving the vehicle on the day as I was working. I have made this clear to the solicitors but they say because no letters were returned that they are assured I received them. To make this more complex, I do not reside at the address were the letters were sent and I have not resided there for a period of time before the alleged parking infringement took place. The reason for this is that my marriage had broken down. I have made it clear to the solicitors chasing the money that I am not doubting that an infringement took place, nor am I doubting that the letters were sent out, what I have stated is that I was not driving the vehicle and that I believe the communications that were sent out are likely to have been withheld from me by my wife. To add further complexity the solicitors have stated that a defence was made. They have sent a copy of the defence to me which is not signed or dated. The defence has been put together as if it was written by me and states "it was not me (e.g my name driving) it was my wife (wife's name) driving. The defence was not written by me and I strongly believe it was my wife who wrote this. I have asked the solicitors to confirm the date the defence was received but they have refused to provide this information. My wife has admitted she was driving on the day and stated that she spoke to the parking attendant. Therefore the company have been aware from the outset that it was a female who was driving and not me (a male). I have raised this point with the solicitors but that have not provided a response to it. I would be grateful for any guidance that can be provided. For many different reasons I'm slowly getting my life back on track. I do not believe I should have to pay this fine but from reading around it appears I would need to pay to even have the CCJ set aside. Many thanks T
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