Hello! In dire straits here some advice is needed please !
I’ve linked all docs I have to ah d regarding this PCN of nearly 2 years ago.
I can confirm categorically that I was not driving the car , 3 other people have access to my vehicle .
So a bit of background may help, I’ve been living with stage 4 cancer for nearly 4 years . I’ve been having various treatments and the cancer has spread significantly in that time, (Oct 2024 found in my brain, last week I was having emergency surgery to remove my ovaries and tubes due to spread). Many rounds of chemo/ radiation etc.
I know this isn’t a defence but this parking fine has NOT been a priority naturally . Until I received CCJ threats I’ve honestly ignored all letters.
I have produced a defence submitted online which I shall paste here ;
Defence
Defense Statement
The Defendant was the Registered Keeper of the vehicle on the date
of the alleged incident on 21 August 2024. The Defendant was not
the driver.
No Keeper Liability - POFA 2012
The Claimant has failed to satisfy the strict requirements of the
Protection of Freedoms Act 2012 Schedule 4 to transfer liability
from the driver to the Registered Keeper. Specifically:
The Claimant’s Particulars of Claim fail to state the legal basis
upon which the Defendant is held liable.
The Claimant has not complied with the Notice to Keeper
requirements timing/wording mandated by POFA.
The Defendant is not legally required to identify the driver, and
the Claimant cannot presume the keeper was the driver as per
Elliott v Loake.
Abuse of Process - Double Recovery
The Defendant disputes the £50 legal representative fee.
In the Small Claims Track, such costs are generally not
recoverable. Furthermore, the Claimant’s base charge is intended
to cover business costs; adding further legal or debt recovery
fees is an attempt at double recovery and an abuse of the court
process.
Conclusion
The Defendant denies any liability to the Claimant. The court is
invited to strike out the claim as it has no realistic prospect of
success
I used chat GOT for help as I didn’t know what else to do, perhaps this was wrong?
Now I’m not sure what to do/ how to complete the small claims track form and what the outcome may be from here .
Thanks in advance
🙏🏽
https://ibb.co/album/ycCPPs