robin hood airport, stopping fine Options

[jvp]

my wife and i traveled from robin hood airport in 2015. we booked and paid for parking and got told to go to a certain car park (was either 4 or c cant quite remember. Having never been to this airport (and never will again) we stopped to ask two guys in a van who worked there. To be fair i didn't look at the van just though it was easy to ask someone which one of several car parks was ours, they replied 'don't know mate' we thought this was strange as they clearly worked there as we assumed they were security. we continued on and saw what we thought was out car park. my wife jumped out to check the sign as it wasn't clear from the road. these unhelpful vultures in the van were a private parking firm and they followed us and took a photo. my wife was out of the car a matter of seconds, not even 10! we got home to a parking fine!!!!!! i wrote to the airport and went mad but they said it was nothing to do with them. i now have a county court fine letter. what should i do. the letter is addressed to my wife but the car was not registered to her. any help would be much appreciated.

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[Sheffield Dave]

i now have a county court fine letter. what should i do. the letter is addressed to my wife but the car was not registered to her..

What exactly have you received, and from whom? Is it a Claim Form from Northampton CCBC, a "Letter before Claim" from solicitors, or something else?

Have you communicated in any manner with the private parking company? If so, give details.

[Redivi]

Who is the letter addressed to - the driver or the passenger ?

Does it say she was driving ?

[jvp]

thanks for the reply folks. i have not communicated with them once. this letter is from county court the claimant is vcs mr jake burgess. it says 'the defendants vehicle' stopped on a roadway. the car was registered to me NOT her. sold it years ago

its addressed to my wife and says it was her car.

[The Rookie]

FIRST acknowledge the claim online, tick defend in full, don't contest jurisdiction and don't put anything at all in the defence box, you then have until 33 days from date of issue to submit the defence.

[nosferatu1001]

So to be clear OP:
1) The Claim Form (its a form, dcall it that) names the Defendant as your wife, however;
2) YOur wife has never been the Registered Keeper of the vehicle?

So how have VCS a) gottten your wifes name and b) decided she has some liability?

Ack first, THEN answer the above.

[jvp]

ok I will acknowledge and submit defend in full. then should I fight as it was not registered to her or should I fight that we stopped for literally 10 seconds to ensure we had the correct car park??

[The Rookie]

You fight on every basis you can.

That nothing was owed by the driver and that she, having no relationship to the car, has no liability even if the driver did owe anything, you create a chain whereby if the Judge agrees with just one link the whole chain fails.

[Lynnzer]

This seems exceptionally abnormal.
How in hell did they get your wife's name?
Can you confirm once moe. The Vehicle Registration Document - is it definitely in your name?
If so, and I really don't doubt you, how do they even know the name of your wife?
Check with the DVLA who has obtained details of your car registration for the time of the alleged contravention,. I'm guessing they haven't done so. Could be they did, and that the letter your wife got was addressed to Mrs (her surname) with no Christian Name under the pretence that as she got out of the car, she was the driver.

You should now, after taking into consideration any other views on the matter, start a chain of correspondence to VCS, by email preferably but by letter sent with a proof of posting certificate if no email is possible.
Point out the error of their ways. ie:
Ref your court claim No.....
Please be advised that I am in receipt of the above claim and am at a loss as to why.
It appears you have started a claim on the basis that I was the registered keeper, or the driver of the named vehicle when in fact I was neither.
I cannot even begin to think how my name has surfaced and is being used by you.
I must point out, in all fairness, that your error is going to be presented to court and used against you if it gets to a hearing at all. I will be claiming for punitive damages for your vexatious and unreasonable behaviour and will in any case add a counter-claim into the proceedings as there is no way on earth that someone who was neither the driver or keeper of the named vehicle can be held liable for whatever alleged contravention it has purportedly fallen foul of.
At this point, I ask that you now check with the DVLA as to the identity of the registered keeper, and when you see that I am clearly not that person, I invite you to discontinue this claim against me or face an inevitable and expensive claim for damages.

[jvp]

Lynnzer, thank you so much for this advice I will do this now. 100% the car was in my name with dvla, I sold this car to a work colleague and he has checked to reg doc. it was so long ago and we were fuming that we asked these vultures directions to the car park and they followed us because it was clear we were unsure and likely to stop to double check. the road was empty and my wife was out of the car seconds!!!! would you advise me to acknowledge the summons and opt to defend in full.
once again advise much appreciated.

[ostell]

You MUST acknowledge immediately, otherwise you risk a judgement by default. Nothing in defence.

[Lynnzer]

Add a counterclaim too.
If it isn't done at this stage it gets awkward

The beauty of a counter-claim is that even if they withdraw because they know they're up $hit creek, the counter-claim still gets heard and they more than likely won't turn up to defend it. It makes the counter-claim a walk in the park BUT make sure you word it right.

[jvp]

ok firstly, thank you for the advice.
the claim in my wife's name was removed and guess what...…..
the next day a fresh claim in my name has arrived.
I was the registered keeper of the vehicle. I want fight this all the way. we stopped for seconds AND as previously mentioned, we asked the parking vultures for advise prior to this. They knew we were unsure where to park and followed us for an easy job...….
can anyone please advise us of our best move to fight this? the airport washed their hands on my correspondence.

[ostell]

But you haven't received a NTK and therefore they have no claim against the keeper. You could bring up the fact that the were claiming against your wife as she was thought to be the driver. How can they reconcile that?

[jvp]

ostell, they may have sent an NTK it was a few years ago now. should i acknowledge and defend in full?
is the fact we asked these guys for advise and the blanked us then followed us going to help?
like i said we stopped for seconds and the road was enpty.

[nosferatu1001]

YES ack and defend in full - you cannot possibly expect any other answer!

Whats teh ISSUE DATE? Tell us it.

Yes of course it is going to help.
Just dont say who was driving!

[jvp]

issue date is the 9 july 19. i have acknowledged and opted defend in full.
thanks and whats my next step please?

[ostell]

Where's the initial NTK in your name?
Are they claiming from you as the keeper or driver?

[jvp]

haven't got the NTK but it was in my name originally.

it says 'the defendant was the registered keeper and/or driver'

[The Rookie]

As the registered keeper has no liability, you need to explain in your defence that they can't have their cake and eat it!

But right now you don't put anything at all in the defence, leave it blank, use the time you have to put together a proper defence.