Aintree NHS Parking breach of contract

[Smokey1607]

Hi, obviously not much in the way of help or information in the DVLA reply. Assume I should submit another complaint as they suggest? How specific do I need to be in my wording so they can't give another waffling reply, any wording other than what's already been suggested?

[ericsbrother]

then complain/Go through their proceduresa nd then take it to the ICO for breach of the DPA

the compaint should be that the DVLA faied to show due dilligence in determining whether Trevs had any lawful reason or cause to access your details and in what capacity as there was no keeper liability under the POFA and they knew this at the time.

[Smokey1607]

To be clear: I complain again to the DVLA and go through their procedures before taking it to the ICO or go straight to ICO now?

Also I haven't responded to Trethowans yet as I was waiting on the DVLA. Should I reply to them along the lines of previous comments and mention the DVLA complaint so they can see I'm not walking away from this?

[ericsbrother]

you complaint to the DVLA, so far you have been asking questions and now you are unhappy and have a complaint and will follow their procedure. If you get no joy there you make a complaint to the ICO

Dont bother writing to Trevs unless you just want to say that there is no keeper liability in this matter so go boil your head. Dont mention anything else, just stick to the denial of any liability.

[Smokey1607]

Latest letter from Trethowans. I assume where they say they are entitled to take action against the keeper because they have no record of the driver is incorrect?

I've had no response to my previous complaint to the DVLA so I will also follow that up.

Continue to ignore Trethowans?

Thanks

[Smokey1607]

Interesting note that pops up when you go to 'ignore' in my previous comment.

[BazzaS]

Post #16, 1th November 16.

 

"Dear Sirs,

It remains that your supposed 'Notice to Keeper' did not comply with the requirements of the POFA 2012. There is thus still no 'Keeper liability'.

 

If you still feel your letter of is a POFA 2012 compliant NtK, a court can decide this based on the arguments from the parties.

As it appears our positions are entrenched in disagreement on this fundamental issue, no further correspondence will be entered into, pending receipt of a county court claim."

 

If sent previously : ignore them.

If not sent previously, send, then ignore.

[ericsbrother]

no they cant. they have to create a keeper liability by following the protocols of the POFA.

Yes, continue to ignore them, they are solicitors paid to write scary letters in the hiope that you think they have some authority they dont actually have.

 

Latest letter from Trethowans. I assume where they say they are entitled to take action against the keeper because they have no record of the driver is incorrect?

I've had no response to my previous complaint to the DVLA so I will also follow that up.

Continue to ignore Trethowans?

Thanks

[ATTACH]66757[/ATTACH]

[Smokey1607]

I've now received court papers for the fine plus costs.

[honeybee13]

Who are the lawyers please? I can't post a link, but you need to fill in the information on the forum stikky.

 

HB

[DragonFly1967]

Who are the lawyers please? I can't post a link, but you need to fill in the information on the forum stikky.

 

HB

 

Here you go...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

[BazzaS]

It still isn't a "fine".

Can you post up (redacted of personal info) their Particulars of Claim ?

 

Do they know who the driver was?

I hope you haven't identified the driver at any stage ......

[Smokey1607]

Already done that earlier in the thread honeybee, Trethowans.

[Smokey1607]

I'll post the court papers asap but no they dont know the driver.

[BazzaS]

The PofC will help, but the gist of your defence will be that they haven't established keeper liability.

If they then push for you to be liable as the driver, you neither confirm nor deny this (unless you are happy to state on oath that you weren't the driver) but that you have no obligation to identify the driver and put them to strict proof of their belief of who the driver was.

[ericsbrother]

there is no oath in a civil court but if you tell lies about something and get caught out you will have all of your other evidence binned regardless of the quality of the remainder.

You dont have to name the driver so you ask for "stricy proof" of who was driving at the time. hjey wont be able to provide it and as POFA no applicable they are stuck. You have to make these points clearly from the outset though to avoid being asked in court as judges wont know the details of the POFA

[jehh87]

How did it go Smokey?

What happened with the court thing?

I'm in a similar position, just received the first letter from Trethowans.

Trying to decide if I can be bothered putting time and effort into fighting it or just pay to make it all go away.

[Smokey1607]

I gave up to be honest and paid, too much going on personally and in work to put up with the aggro of going to court. Made me sick to do it but there you go.

[jehh87]

I understand. Sometimes life is too short to dwell on stuff like this. Thanks for sharing your experience though.

[dx100uk]

well don't get mugged like smokey

start a new thread

of your own

[ericsbrother]

having made an indecent profit frokm you they can now afford to harass some other poor sod.

When you beat these claims you get your expenses so if you lose a days pay they have to cough up.

You could have then sued them for breaching the DPA for accessing you DVLA data without a proper reason and you would be at least £250 better off.

 

Everyone has bad things in their life so if you are going to fight then fight,

if not, save your time and money and pay up early and save yourself the grief

Edited September 18, 2017 by honeybee13
Paras