Claim Form - Raised against someone who is not driver or keeper

[dcbloser]

Hi All

To provide some context the keeper received a PCN which I appealed on his behalf. Since this DCBL and First Parking have been harassing me for the outstanding amount despite the fact I have advised them that I am not the keeper nor the driver.

I've already made a SAR and confirmed in the documents I didn't identify myself as the driver (which is one of their points in the particular of claims). I am sending a CPR 31.14 request but what defense do I form? It's not my job to confirm whether the alleged contravention took place as I wasn't there so what else can I say?

Still figuring out how to use the forum so will upload photos shortly.

Thank you in advance for your help

[dcbloser]

Hello - is anyone able to advise on how to build my defense? thank you in advance

[des8]

First up acknowledge the claim.
Then post up a copy of the claim form after anonymising it

[dcbloser]

Hopefully this works - they have said I am the driver but in the SAR from 1st Parking I never did so. I have the SAR forms and I never identified myself as the driver either. I even advised in one of the emails that they hadn't advised the keeper that all this was happening.

Could someone advise how i build a defense when I'm not the driver or keeper? Is there a chance that the judge could find me to be the driver??!

Also what documents should i request in the CPR 31.14 letter? Their particulars of claim are very vague so i am not sure what documentation they plan to use in court

[des8]

You ask for a copy of the PCN and of the terms of the alleged contract
.
When it comes to writing the defence you either acknowledge the point, agree the point or dispute the point
so point 1) you deny
Point 2) you agree (I think you have seen it/)
Point 4 you deny and put the claimant to proof you were either the driver or keeper

but ostell is the expert on parking

[ostell]

Where you somewhere else at the time of the alleged breach?