County Court Claim Form Help Please

[jme85]

Firstly, I must say thank you to everyone who put in the work to create this forum and provide all the information. It's really fantastic.

My wife received a county court claim form, issue date 20th July 2022, for a parking offence for which she was not the driver at the time.



How do I proceed with a defence on this one? Of course we ignored all the warning letters in the lead up to this thinking that it would just go away.

[atticus]

Read the 'first steps' gujde - https://legalbeagles.info/library/gu...y-court-claim/

Come back if you have further questions.

[jme85]

As it was parked in a railway station car park, can I use relevant land as a defence?

[atticus]

Please explain.

[islandgirl]

what is the reason for the fine? Overstay? Not paid? Badly parked?

[des8]

Railway land is governed by bye laws and is relevant land
Accorfingly PoFA 2012 does not permit transfer of liability for a parking charge to registered keeper from driver

[ostell]

Des8 missed the "not" as in "not relevant land"

As she was not the driver they can only transfer liability to the registered keeper if they use the Protection of Freedoms Act 2012. However POFA does not apply if the land is subject to byelaws.

So the defence is that she was not the driver at the time.
No requirement to identify the driver
POFA and registered keeper liability does not apply.
The Particulars of claim do not mention the keeper and therefore no claim
Invite them to show that you were the driver at the time.
The additional £60 is an abuse of process https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0

[des8]

OOps... fingers quicker than brain