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.