Claim Form received from Gladstones - Defence uploaded - review and comments appreciated!

contributor1999

[FONT=&quot]Hi everyone, last week I received a Claim Form related to a PCN that I have no memory of receiving (approx 2 years ago). I have submitted the AOS which was 'submitted' 4 days after Issue Date and 'received' 1 week after. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Text in Claim Form is as follows:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The driver of the vehicle with registration XXXXXX (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at XXXXXX on XXXX 2017 thus incurring the parking charge (the 'PCN'). The driver of the Vehicle agreed to pay the PCN within 28 days of issue yet failed to do so. The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS £100 for the PCN, £60 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £25 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]As I genuinely have no memory of this event or agreeing to pay any fine, and have no memory of ever parking in the location described, I am preparing an SAR but would like to find out what to include, is the following sufficient?[/FONT]
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[FONT=&quot]"Please supply the data about me that I am entitled to under data protection law relating to myself and including:[/FONT][FONT=&quot][/FONT]
[FONT=&quot]- ALL photos taken
- all letters/emails sent and received
- a PDT machine record from that day, of payments made
- all data held, all evidence you will rely on, and a full copy of the PCN"[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I would also like to know how long I have to prepare my defence?[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Many thanks in advance for any help![/FONT][FONT=&quot][/FONT]

KeithP

Hi and welcome.

What is the Issue Date on your Claim Form?

Who is the Claimant?

contributor1999

Hi, thanks for your quick reply!


I omitted those details as not sure how much was prudent to post online



25 Feb 2019


One Parking Solutions

Redx

the NEWBIES FAQ sticky thread , post #2 answers SAR and defence questions, with examples etc

ShakeItOff

First place to head over to is the NEWBIES thread. Scroll down to Post #2 and have a good, thorough read of that post. There are links in there for crafting a defence. When you're ready to post yours up, please do!

If you haven't already, you should also submit a subject access request to the PPC. There is a link to a template SAR letter in the NEWBIES thread (takes you to the Legal Beagles template). The email address for the PPC's data protection officer will be on the PPC's privacy policy page. Make sure you send any identifying docs they may want (a picture of the claim form should be plenty). They then have 30 days to respond to you. It might also be worthwhile sending a SAR to the DVLA too.

KeithP

contributor1999 wrote: »

25 Feb 2019

With a Claim Issue Date of 25th February, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 1st April 2019 to file your Defence.

That's over three weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

contributor1999

OK, thanks. It was my understanding that I now have less than 30 days to submit a defence so as the companies in question have 30 days to respond this will probably not allow me time to draft a defence based on the particulars of the PCN?

KeithP

contributor1999 wrote: »

OK, thanks. It was my understanding that I now have less than 30 days to submit a defence so as the companies in question have 30 days to respond this will probably not allow me time to draft a defence based on the particulars of the PCN?

Not too sure I understand what you are saying, but does the Money Claim Online (MCOL) - User Guide help answer that?

On page 14 of that document it says:

How long does the defendant have to respond to my claim?

The court will send out a claim pack to each defendant once the claim has been issued and allows 5 calendar days from the date of issue for the service of the claim. Therefore the 'date of service' is the 5th calendar day after issue. Please note, if you have served separate particulars of claim then this may affect the deemed date of service (as above).

The defendant has 14 calendar days from the 'date of service' to file a response. If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response. The defendant can extend the time to respond to 28 calendar days by filing an acknowledgment of service (AOS).

ShakeItOff

Unfortunately, unless they are particularly hot off the mark (DVLA probably will be quite good, but OPS will not), you won't be able to rely on the contents of the SAR. However, that isn't a deal breaker by any stretch - there are common themes on all defences which you will want to include, and by doing some forum-based research, you'll quickly be able to understand if they are a POFA compliant bunch.

contributor1999

I work near the OPS office - is it worth visiting them in person with my SAR?

ShakeItOff

I would personally prefer to rely on email than giving it to an anonymous person who "may forget to pass it on".... But that is your call.