Another PCN

[t2t]

Hi all I have a court thing going on with Civil enforcement. I lent my estranged husband my car to help set up a charity gig. He went in the back of the premises and didn't see any signs. Long story short they are taking me to court. I have told them husband was driving. I now have a letter from the court and have got a letter ordering that ' the defendant shall send the court and the claimant the name and address of the person driving
2, if defendant fails to do so issue small claims direction and list claim for 30 minutes
3, if the defendant does provide the details the claimant shall notify the court whether it intends to claim against just the existing defendant or add the driver as an additional defendant or substitute him as the defendant
do I have to give his details?
Thank you in advance x

[ostell]

There is no requirement in law to name the driver but how have they managed to persuade the judge to make the order?

Can you give a bit more of this story please.


If you have already informed them of the driver then the parking company have no claim against you

[t2t]

Hi Ostell, Thank you for the reply.

I have no idea why this is a judgement and didn't think I had to give his details after reading on here after I had already done it.

There isn't much more to tell really, just the usual pcn. :/

Do I have to send his details to the court? It says what will happen if I don't so think I might not have to.

[ostell]

The concern is how did they get a judge to order the name to be given without you being informed.

Is this definitely a court order or perhaps the parking company sending you what the intend to put before the court? Has the paperwork got a case number and a court seal ( a rubbishy rubber stamp).

[t2t]

It looks legit, it has case numbers etc. But I had already given Civil enforcement the drivers details but they chose to persue me :/ the letter is dated 19th March but I only got it yesterday and it says I have to reply by the 26th, I tried calling the court and couldn't get through and I can't work out which email address I should reply to. If I post a reply with drivers name and address I doubt it will get there in time, thats if I have to

[t2t]

Does this seem fair? I was given a few days to reply where they seem to be bending over backwards to give civil enforcement time?

[ostell]

Do you have proof that you sent the drivers details to them?* Once you gave the details they no longer have a claim against you as the keeper under POFA* 5 (1) (b).* Continuing with the case is unreasonable and continuing to contact you and use your name is a breach of GDPR leaving them liable to you for such a breach.

[t2t]

Thank you for the reply, I sent them all the details online through an intermediary, forgot what it was? so I don't know where the documents went :/*
I thought there was no law to make me say who was driving but the judge ordered that I did, now they have given them till June to start chasing my husband?

[ostell]

There isn't a law but somehow they have persuaded a judge that there is.

You could be bold and remind the judge that this is a civil case relying on POFA and POFA makes no requirement that the driver be identified, unlike criminal matters.
*

[t2t]

Thank you, I have nothing to lose by doing that, we will see if they are deemed 'essential workers' and get a case going against husband

[ostell]

Send a SAR to the parking company for all documents pertaing to you and your car. See if that letter is there