Jump to content

 

BankFodder BankFodder


johnhill007

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

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1536 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Share this post


Link to post
Share on other sites
Just need to get this won and assist my sons friend should PE chose to pursue him. .

 

johnhill007,

 

They can't chase your Sons friend. ......

that boat went a long time ago !!!!! :lol: :lol:

Share this post


Link to post
Share on other sites

In answer to a question raised - claims issued in respect of parking issues are usually left in the parking forum in order that those who have most knowledge are more likely to respond.

 

As long as the title of the thread reflects there is a claim in progress, then that should be ok :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites
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?


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

Share this post


Link to post
Share on other sites

Has the DVLA confirmed whether it backdated its records or are you referring to a statement from the new keeper at 2014?

 

Regarding PE, just a short but suitably terse letter;

 

Dear PE

 

I note the allegation contained within case 15xxxxx filed at xxxx date.

 

I attach for ease of reference DVLA correspondence dated xxxxxx confirming that I was not the RK at the time of the allegation which PE is pursuing, due to the peculiarities of your business you will be acutely aware that I am not responsible for any previous failings of the DVLA, or its client [PE] in its reliance on inaccurate information. As an individual my responsibility extends only to notifying the secretary of state via the DVLA at point of sale/ change of RK

 

As I am not expressly employed by the secretary of state in the compilation, recording and sharing of registered keeper data I am unable to confirm whether the vehicle is retained by the new keeper at xx date 2014 and nor am I obliged to do so. Whilst I cannot vouch for the DVLA's accuracy of data it would seem sensible for PE to contact it in sourcing the current RK details.

 

In respect of the case, please take note that absent its discontinuance in this wholly vexatious claim a defence will be filed. The content of this correspondence will also be filed together with a request for judgment in the matter of costs & damages pursuant to CPR 27.3

 

Please ensure that I receive copy of PE's discontinuance notice by 16.00hrs Monday 13th April 2015

Share this post


Link to post
Share on other sites

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.


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

Share this post


Link to post
Share on other sites

I'd change the first line to read copy of V5C/2 & statement of registered keeper [assume it has the new keepers details and date of transfer recorded?], don't send it the originals.

 

It should use a little common sense and discontinue at the first opportunity but to be frank it's such a prolific filer of claims with limited resources it probably won't pay much attention to your letter.

 

Pofa describes the keeper as;

 

“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;

 

Presumed seems a sizeable gamble to take in civil matters when you rely on 3rd party data and are as keen as PE seem to be to file claims. I'd struggle to understand why it wouldn't want to drop this case asap. It might have been simpler to send the original demand back stating you were not the keeper and were awaiting DVLA to update its records. Having said that, I can't imagine the court would find you obligated to respond as you were [as proven] not the keeper.

Share this post


Link to post
Share on other sites

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


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

Share this post


Link to post
Share on other sites

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?


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites
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.


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

Share this post


Link to post
Share on other sites

Hows the defence coming along?

Share this post


Link to post
Share on other sites

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


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

Did you file on time?

Share this post


Link to post
Share on other sites
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..


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

Share this post


Link to post
Share on other sites

Should have been filed yesterday so you're out of time anyway........ best I can suggest is to use alternative filing to MCOL@hmcts.gsi.gov.uk, 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.

Share this post


Link to post
Share on other sites
Should have been filed yesterday so you're out of time anyway........ best I can suggest is to use alternative filing to MCOL@hmcts.gsi.gov.uk, 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.


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

Share this post


Link to post
Share on other sites

Here's the telephone numbers 0300 123 1057/ 01604 619 402.

 

Lines open at 08.45hrs, if I were you I'd want to be in the front of the queue. Set aside fee [on notice] is now £155.00 if you don't get this sorted.

Share this post


Link to post
Share on other sites

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?


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

Share this post


Link to post
Share on other sites

I'd focus on getting the court to acknowledge the defence, there's no guarantee a set aside would be successful in a case where the defence is filed out of time.

 

PE won't discontinue prior to filing of defence, its not in its business model.... the exercise of inviting it to withdraw was to include the offer within your defence and bring to the courts notice in the event you had the opportunity to pursue costs

Share this post


Link to post
Share on other sites

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: mcol@hmcts.gsi.gov.uk ccbcdefendants@hmcts.gsi.gov.uk 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


:D :D I WON!!!! :D :D

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/105283-12-07-07-lloyds.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...