District Enforcement & Gladstones Solicitors

bad_year

Hi
Need some help and advice please:
Last year I got:
1. Parking charge notice (from District Enforcement)
2. Notice of Impending court action (from District Enforcement)
3. Letter before Claim (from Gladstones Solicitors)
I didn’t properly read them and just foolishly ignored all of them.
But now a year on I have received a Claim Form form from county court - total is nearly 200 pounds!
So I have gone online to request the Acknowledgment of Service thing.
Is it too late now, or can/should I request details/photos of exactly what evidence they have against me?
Many thanks

Redx

Post the issue date from the claim form below

When was the AOS done ?    Hopefully 5 or more days after the issue date ?

Read the newbies FAQ sticky thread near the top of the forum

Email a SAR to the DPO at DE to obtain all your data attaching a copy of the claim form as proof of I D under the GDPR law

bad_year

Thx Redx... issue date was 2 Nov, AOS 8th Nov..  i will try to email them now ..thanks again

KeithP

bad_year said:

issue date was 2 Nov, AOS 8th Nov.

With a Claim Issue Date of 2nd November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 7th December 2020 to file your Defence.

That's nearly four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

bad_year

Should i also email the solicitor (as recommended in the FAQ) or is that only redundant now?

Quote:
As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.

Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.

Redx

Redundant , that is when an LBC has been issued , not a court claim

But a SAR is done anyway , at the earliest opportunity , which should be at LBC stage but we assume that you did not email a SAR then , so should do it now , but you should have done it at number 3 on your list

bad_year

yea i messed up. Hopefully District Enf will reply...how long does it normally take... or can they just ignore my email?

KeithP

bad_year said:

Hopefully District Enf will reply...how long does it normally take... or can they just ignore my email?

A calendar month, but the information returned will probably be more useful at Witness Statement time.

They cannot ignore a Subject Access Request. They have a statutory duty to furnish the information requested.

Coupon-mad

bad_year said:

yea i messed up. Hopefully District Enf will reply...how long does it normally take... or can they just ignore my email?

You are not meant to WAIT for the SAR...who cares when it comes back?  This is the same as all the other court claim threads. 

bad_year

KeithP said:

bad_year said:

issue date was 2 Nov, AOS 8th Nov.

With a Claim Issue Date of 2nd November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 7th December 2020 to file your Defence.

That's nearly four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Thx Keith

 

Sorry for being thick... I have read the FAQ for newbies and seen the defence template.

 

.. but don’t know HOW to defend, as it just says we left without paying, which is true.

 

My young son is severely disabled... and we have blue badge... so we did not pay the fee to park.  But I wish we had, cos its only 1.50 a day which make this even more annoying.

Le_Kirk

You submit a defence (in line with @KeithP's instructions) and that then gives you an opportunity to argue your case in front of a judge.  Your defence is based on the link that you were given and you only have to edit two paragraphs (2 & 3).  If you are the registered keeper and weren't the driver at the time you have some protection from POFA (look it up) and also if the driver did not see any signs relating to having to pay even though a blue badge was displayed, there is another argument.  Get the defence in (show us paragraphs 2 & 3 first) and then the process is as per the sticky when you get a chance to tell "your story" via the witness statement.  Fail to submit a defence and the clamant can/will obtain a judgment by default.