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Parking Eye Claim Form Received - help please! - ** WON **


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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

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Well on the face of it you could send a copy of the DVLA letter to them and say "Idid not own the vehicle on the date of said "offence".

 

Or

 

Acknowledge the "claim" defend in full .................... Let them waste a shed load of money :lol: :lol:

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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.

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Thinking about it ....

 

Is your Sons friend prepared to be a "witness" and attend Court ?

 

If so he can state he purchased the vehicle on X date, paid for it by cheque/cash... Here is the bank statement.

All you have to "prove" is that your Son did not own the vehicle

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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.

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I have said this many times before. ............. I don't do the "Legal Bit"

 

But the Legal Crew will be all over this like a rash in the morning !!!

 

If this was me I would "defend" and let them waste money on Court................ But I do like a fight especially when you know you can't lose !!!!!!!!! :whoo:

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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.

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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.

 

As Granny said. "More than one way of skinning a cat" !!!

 

Good Luck

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You're a star, thanks.

 

Thanks for that.

Just trying to get as much information so you can get any evidence together to assist the "Legal Crew".

The more information (back ground) the better the advice.

 

Take care and again good luck. .... Your in safe hands with CAG.

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Owner and registered owner are separate things. You can swap the car for cash, and immediately, you are not the owner, but will still be the registered owner until DVLA is informed.

 

Registered (or Recorded) Keeper, not owner. The V5 has absolutely nothing to do with who owns the vehicle.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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for the moment all that has to be done is acknowledge the service of the documents. You then have a further 14 dyas to submit a defence- just a one liner at this point will do but the simplest thing to do is fill out the N1 and tick the box saying defending the claim in full-do not tick the mediation box- and write the defence of The defendant was neither the driver nor the keeper at the time. Therefore no contract was entered into nor is the keeper liability provision of the PoFA applicable.

PE will then have to decide if they want to spend another £25 to get an ear bashing and a costs order.

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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

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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.

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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.

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

 

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

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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.

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Update the thread when you have more info, it seems unlikely [but not impossible] that the DVLA would have backdated its records.

 

You have a while yet to file your defence, issue date on the claim is 16th March so you should have until 18th April to file [probably best not to leave it to the last minute though].

 

It's an odd one in that your son isn't responsible for the DVLA's failings so if he states he served the V5c on change of keeper during 2014 the court will accept his statement, it doesn't [can't if unbiased] begin with the premis that his recollection of events isn't factual.

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