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BW Legal Claim Form

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  • System
    System Posts: 178,097 Community Admin
    Photogenic Name Dropper First Post
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    How do find out the details of authority as Pas are no longer connected to the landowner?

    Contact the council and ask who paid the Non-Domestic Rates on the day of the parking event. That is the occupier who may or may not have hired PAS. Land Registry will give a definitive ownership on the day but is £££. A cheaper way is to check the council's planning register (usually online) to see if there was any recent planning applications which will show ownership.

    The slowest bit is the NDR unless they have it online too. Sometimes they do.
  • Sequoia1
    Sequoia1 Posts: 39 Forumite
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    As I didn’t get all the information in the SAR from PAS ( I have a letter that wasn’t included in the SAR)
    Should I ask for a copy of the contract between themselves and the landowner?

    Also is there any other points I need to add to the revised defence before sending it?

    Many thanks for all advice given
    :)
  • Sequoia1
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    Hi, I’m in the process of getting details of the landowner, there was nothing on the planning applications and have contacted council. I have also got photos from street view which shows the carpark with the PAS signage ( as it has changed to NWCP now) photos show that there are no signs facing the road or by the entrance. You have to enter the carpark to actually read the sign!
    I think my revised defence is ready to go and would be most grateful if you could give me a critique before I send it. Many thanks
    :)
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
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    Complain to the ICO
    The PPC failed to send ALL info they had on you, and you know this because...

    Planning is utterly irrelevant. Advertising consent MAY be useful but only if the council CBA to do anything about it.
  • Sequoia1
    Sequoia1 Posts: 39 Forumite
    edited 22 October 2018 at 10:53PM
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    Hi, Defence sent off today in good time, just need to wait for the next step. Questionnaire I suppose. Also reported PAS to ICO, but that will take at least 2 months as they are super busy with GDPR.
    :)
  • Sequoia1
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    Hi, a bit of advice please, do I need a skeleton document as well as the whitness statement? I’ve had acknowledgement from the court informing me they are sending a copy of my Defence to the claimant and they have 28 days to respond to the court. Also claimant may contact me directly to settle, probably still want all the money!
    As the carpark owners have changed parking company I have got photos from street view which shows the original signs for PAS and none of the signs face the road, impossible to read from a car. You have to enter the carpark to read the notice. Also very dark and not illuminated.
    Most grateful for any help. Thanks
    :)
  • Coupon-mad
    Coupon-mad Posts: 132,120 Forumite
    Name Dropper First Post Photogenic First Anniversary
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    You do not have to produce a skeleton argument at all.

    Much later, before the hearing, you will need to file & serve a WS and evidence, so those Streeview Images will be good.

    You know the next step which will NOT be a reply to defence (they do not have to). It's the simple N180 DQ form, explained by bargepole in the KNOW WHAT HAPPENS WHEN' section of the 2nd post of the NEWBIES thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 37,738 Forumite
    Name Dropper First Post First Anniversary
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    It might be a good idea to remind yourself of the steps in the process.

    You can read all about Skeleton Arguments, and whether they are needed or not, in Loadsofchildren123's walkthrough linked from post #2 of the NEWBIES FAQ sticky thread.

    It's in that section of post #2 headed:
    IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!
  • Sequoia1
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    Thanks Coupon-mad and KeithP I will look through those and also the response to the questionnaire for when that comes.
    :)
  • Sequoia1
    Sequoia1 Posts: 39 Forumite
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    Hi, I have just received a copy of the DQ from the claimant. They have stated @ A1 yes to mediation - C1 yes to small claims track - D2 no to expert evidence - D3 Witnesses TBC

    I haven’t received my DQ yet, do I need to check with the court?

    Thanks again
    :)
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