Free Traffic Legal Advice

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

🙏🏽

Could we also see the original PCN?

Thanks  for your replies

Sadly  it seems I no longer have the original PCN will continue digging for it

It’s there also if you left under you need to select the pic on left

It’s there also if you left under you need to select the pic on left

I haven’t a clue what you mean by this.
If I’m being stupid and others can make progress, then I apologise.

Claim form above

I have until 29th June to complete the questionnaire , I’ll request the original PCN but assuming this is done by post , it could be cutting it fine .  I’ll try to get hold of them asap but contact details seem to be just for making payment .

Thanks again for all help

In the docs  uploaded there is a notice of proposed allocation to the small claims track.   

My defense i had already sent as noted in my initial post.   The small claims track proposal states that i must complete the form N180 by 29th June 2026.

 

Hi , thank you for your reply again.

so my defense was in my original post, i used chat GPT which as isaid was maybe not a great idea.

Here is my defense to the money claim which was acknowledged, and i was then sent the questionnaire for the small claims court.  The claimant has also sent their completed directions questionnaire which was in the link in my first post.

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