No return within 90 minutes PCN

Le_Kirk

1505grandad said:

Defence that was filed appears to be posted on 26th April at 5.44pm and contains:-

"5) The particulars of claim on the claim form xxxxxx state -

The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle. The driver of the vehicle has not been identified as there is no evidence of who was driving. It  cannot be assumed the keeper/driver are one and the same at the time of the alleged contravention."

That might be good enough to expand upon in the WS.

go-on-then

I would be grateful if someone could answer a couple of questions about letter before claim if possible please.

I did not receive a LBC,   I put this in my defence,   however one magically appeared,  along with other data,  following my SAR to Glads.  It is dated Jan and I received the claim form from CCBC early March.  I realise it is a template and not written for my case. 

I was looking for points that it has to contain to be compliant / non compliant etc.   The image in the johjames thread is unavailable.
My LBC - 
Does not state the circumstances for issue of pcn  / give a summary of facts.
Does not say how the amount they allege is owed is calculated.
Does not enclose copies of any documents to support the case.

If non compliant I would add this to my WS ??
Many thanks.

KeithP

A 'missing' Letter of Claim is not worth mentioning.

Anyway, you say you did receive a Letter of Claim over a month before the County Court Claim Form arrived. That, to me, seems good enough.

go-on-then

Thanks for your reply to clear that up.

No, I didnt receive one.  It was included in the stuff Glads forwarded to me following my SAR to them so they will say they sent it as it was dated January but they didnt.

Coupon-mad

I'd mention it in passing in the WS you write.  No point overthinking this; they will say it was sent, and it's deemed delivered unless there is evidence to the contrary.

go-on-then

Thank you,   I was just wondering if there was anything to look out for.  

go-on-then

 The paperwork I have from the parking company says  ' we have obtained the name and address of the registered keeper of the vehicle from the DVLA for the purposes of enforcing this unpaid charge ' .

On my SAR data they sent to me there is  a section ' How do we get your personal information '  -  we gather information by searching the DVLA database for your vehicle registration number via our cctv/anpr cameras and handheld devices or other electronic means '
We enclose a copy of the DVLA documentation  produced by the DVLA which explains why our company can source and use data provided by the DVLA.

There is no copy of the document from DVLA so I will ask them for that. 

The 'notes' section states that  ' DVLA keeper details imported from ZZPS imported from file xxxxxxx.
 Does this mean they have got my details from ZZPS and not directly from DVLA,  as they say ??? 

nosferatu1001

The LBA is mostly irrelevant. Just state it wasnt received. They cant prove otherwise, so the presumption of delivery is rebutted (C_M - formally there is NO SUCH presumption. The interpretations act does not apply to every document ever sent ) 
ZZPS may have acted as a back office - ZZPS make the request, pass the data along. 

go-on-then

Thanks.  I understand what you say but what has it got to do with ZZPS ??  Nowhere does it say anything about a back office, they simply say they are getting details from  DVLA and if they're not then this is misleading and should say where they get their info from ??
Why would they go to another company rather than the dvla ?

How do I know who else zzps may have given my details to ?? 

nosferatu1001

Have you never heard of a contractor?
They farm out their back office to ZZPS
Part of the function is ZZPS makes the DVLA request as part of that service. It is still "them" getting the data from the DVLA, as they are the principal and ZZPS a mere agent.