Claim Form but not the driver

Le_Kirk

If it is not too late and if it helps, have a look at this link: -

Here is a defence (actually on Pepipoo) written for a COMPANY DEFENDANT (cannot have been driving, POFA not followed by PPM):

http://forums.pepipoo.com/index.php?showtopic=98803 - post #80
which is on page 4 and was written by SchoolRunMum who posts on here as Coupon-mad

Crystaltips76

A quick update on this claim.

After submitting my defence I have now heard back from QDR Solicitors, firstly with a letter dated 20th August saying:
"We appreciate details of a driver were provided after the LBA was sent however this is out of the required timeframe. Driver details would need to be provided within 28 days of the parking charge notice "PCN".

This would have been impossible as the PCN was allegedly issued in November and we didn't get the NTK until January, which was the first we knew about this, much more than 28 days after the PCN!

We than received another letter dated 22nd August, stating that they intend to proceed with the claim.

I have received the DQ in the post this morning and will be completing it in line with the Newbies post #2, although I have noticed that it says

"D1 = name of your local County Court – unless you are a Limited company, the case files will be transferred there."

My company is a limited company does this mean that I can not get the hearing moved to a local county court?

Any comments or advice would be appreciated.

Crystaltips76

I am also struggling to get the SAR from Phoenix Parking Solutions. They will not accept the Claim form as ID. I have asked them to inform me what they will accept as ID but have not heard back.

KeithP

As a limited company, you are not entitled to a Subject Access Request response.

A bit over simplified, but a SAR only applies to individuals.

Redx

Email a utility bill with the reference and sums etc redacted, but with name , address plus date visible , along with another unredacted copy of the claim form

But not passport or driving licence or birth certificate , threatening them with an ICO complaint

But if it's a company , the SAR is invalid , it only applies to private individuals about Private data , not companies

Crystaltips76

So how do I go about getting evidence of the PCN from them and any evidence I need for our witness statement? My colleague who was driving at the time says there was nothing left on the vehicle but the NTK indicates that there was.

Crystaltips76

Redx wrote: »

But if it's a company , the SAR is invalid , it only applies to private individuals about Private data , not companies

How do I go about getting any evidence or information from the PPC? The PCN has never been seen as my colleague insists there was nothing left on the vehicle.

Coupon-mad

You cite the PAP for Debt Claims 2017 (which creates the rule that all information must be declared in pre-court comms when asked for, basically) and the CPRs re the 'overriding objective' in ''dealing with a case justly and at proportionate cost includes, so far as is practicable –

(a) ensuring that the parties are on an equal footing;

(b) saving expense''

Umkomaas

After submitting my defence I have now heard back from QDR Solicitors, firstly with a letter dated 20th August saying:
"We appreciate details of a driver were provided after the LBA was sent however this is out of the required timeframe. Driver details would need to be provided within 28 days of the parking charge notice "PCN".

Ask them where their client draws their authority on this. Tell them you will be relying on The Protection of Freedoms Act 2012 (Schedule 4) and ask that they study that very carefully because nothing in it supports their client's position.

How do I go about getting any evidence or information from the PPC? The PCN has never been seen as my colleague insists there was nothing left on the vehicle.

You are entitled to see all and any evidence which the Claimant will rely on in court as detailed in the Pre-Action Protocol for Debt Claims (PaP). Write to QDR and ask them to produce the evidence their client will rely on 'not limited to .....' (and list all those items you are seeking from them).

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

Crystaltips76

Do I request this information from the Solicitor or directly from the PPC?