Court for tickets x 3 for parking at home address

KeithP

It's four weeks from date of service, which is five days after date of issue.

StillSkint

How long is the claimant given after a defence has been submitted to decide whether to proceed with court? My partner submitted his defence on 13th May.

Le_Kirk

StillSkint wrote: »

How long is the claimant given after a defence has been submitted to decide whether to proceed with court? My partner submitted his defence on 13th May.

Found this: -

(2) When the claimant responds, he must serve a copy of his response on the defendant. (3) If the claimant fails to respond under this rule within 28 days after service of the court's notice on him the claim shall be stayed

BUT I cannot find it in the Civil Procedure Rules.

StillSkint

I have the subject access request information from Armtrac, but it doesn’t contain any information regarding their applications to DVLA for keeper details - should this have been included? I believe that Armtrac may have used one DVLA application for keeper details for two PCNs as they were on consecutive days.

KeithP

StillSkint wrote: »

I believe that Armtrac may have used one DVLA application for keeper details for two PCNs as they were on consecutive days.

I haven't read back through the thread, but a request to the DVLA would confirm that.

To hold a keeper liable, the PPC must request keeper details from the DVLA for each and every incident.

From time to time Umkomaas posts this:

You should email the DVLA and ask which organisations (and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date of the parking incident. You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident.

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge.

Even though you email your request, the DVLA will respond via Royal Mail.

StillSkint

Request sent.
Although he hasn’t been sent a directions questionnaire BW Legal did send a two line letter about a week ago saying their “client” wished to continue with the claim and they had informed the court. Defence was received by court 13th May.

StillSkint

Browsing the BW legal SAR material, there are three emails sent to my partner - as he had not responded to any of the letters, should it be demonstrated in the SAR information how they obtained his email address? He had definitely not given them or Armtrac his email address.

Still nothing from them except a two line letter saying they are proceeding with client- would have thought we would have a directions questionnaire by now?

Umkomaas

thought we would have a directions questionnaire by now?

Check on the MCOL website via your password.

StillSkint

The MCOL website is just showing as defence received.

KeithP

StillSkint wrote: »

How long is the claimant given after a defence has been submitted to decide whether to proceed with court? My partner submitted his defence on 13th May.

The Claimant is allowed twenty eight days after receiving the Defence from the CCBC.

Although the Defence may well have been filed with the CCBC on 13th May, you have no idea when the CCBC actually sent a copy to the Claimant.

The earliest that the CCBC could've sent the Defence to the Claimant would be 14th May, allowing five days for service, there is no need for the Claimant to declare their intentions until Monday 17th June - tomorrow. But they probably didn't send the Defence to the Claimant on 14th May - see delays below.

Then you need to take account of the time taken by the CCBC to process those returned intentions. We are told from time to time that the CCBC are about two weeks behind working on communications.

Allow another few days for the CCBC to send you your Directions Questionnaire, and you can see that it could easily be well into July before you receive that DQ.

Patience is a virtue.