PCN while in GF's allocated parking bay - permit slipped off dashboard

Umkomaas

zimbo_ouen said:

Umkomaas said:

There's no need to be looking for a debt adviser per se, there appears to be no checks on that. The fact that you are seeking advice here is more than enough in my estimation to meet any 'debt advice' criterion. 

You do need to find out everything a PPC has on you, and this is done via a SAR, the response to which can take up to 30 days.  While you won't get a delay specifically for the receipt of the SAR reply, the 30-day PAP debt advice requirement rather does the job for you anyway. 

Delaying the process can give the claimant more work to do to remember to revive things after 30 days, possibly even forget to do so (very unlikely!), but unless you have a specific reason for wanting to drag this out (like a Limitations Act timing-out strategy), then just get your 30 days from a couple of days after submitting your SAR.  But don't fret if the SAR isn't responded to by the end of the 30-day delay, it is much more useful at Witness Statement stage, some months further down the line. 

Thanks man

I actually requested the SAR a little early (a few weeks ago I got it all) and don't think I have any basis to ask for that again tbh as nothing else has changed with Link parking so can leave things as they are - so maybe I should just leave things, don't do the 30 days extra debt advice and just wait for the Court Claim perhaps?

As I said, unless you have a specific reason for exercising a delay, then if a claim is coming, let's get ready to rumble! 😀

Coupon-mad

Yep, if there is no reason to delay it then, bring it on!

zimbo_ouen

Awesome, thanks both

Umkomaas

If you want to divert from forum advice, go ahead. But the advice in the NEWBIES FAQ sticky, second post, on dealing with a LoC has been given by a legally qualified contributor. 

zimbo_ouen

I did just want to check that's all but yes the most experience of these kinds of cases is from other people's experiences and you amazing lot here so I will just follow on the advice. Thanks very much for your swift reply

zimbo_ouen

Hey All,

Hope this finds you well and safe!

So I have recently received a County Court Claim Form so guess Link Parking (via BW Legal) are desperate still to try their luck! 

As a summary again:

- my gf lives in a complex where there is permit parking (which she never agreed to or signed up to)

- her parking space forms part of her leasehold

- there is no mention of requiring a parking permit in the lease at all (primacy of contract here I'm told should be good)

- the permit had slid off the dashboard one day and I was given a "fine" yet I was an authorised visitor

- you need a fob for the electric gates to access the properties/parking areas too which makes the permit parking redundant to me

- she contacted the management company and told them not to police it anymore and they agreed they'd stop

- we asked Link Parking to confirm they would stop but no reply and not long after they gave another "fine" for being in the wrong space yet it was in the same space. I promptly got this cancelled but took screenshots of it all as proof that they were still harassing us

- I still display the permit to this day for fear of further harassment and stress until this is resolved which is ridiculous to have to do

- Some of the other residents have fought this before here and won and I have at least one of their case numbers

I've told them all this several times and no luck and now they seem to want to take this to Court. It's really stressing me out a lot and worried I'll mess up with my defence or something but want to try my hardest to fight this.

I have done a SAR a while ago and unsure if I need to do another one but I have read the guides and it seems I need to do an AOS and Issue Date was 18/11/2021 so think I can do this asap now right? Unsure how long this all takes for a court date as worried it may happen when maybe I'm away for Christmas and the New Year etc

KeithP

zimbo_ouen said:

So I have recently received a County Court Claim Form...

I have read the guides and it seems I need to do an AOS and Issue Date was 18/11/2021 so think I can do this asap now right?

With a Claim Issue Date of 18th November, you have until Tuesday 7th December to file an Acknowledgment of Service and as you say there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Tuesday 21st December 2021 to file your Defence.

That's over three 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

zimbo_ouen said:

Unsure how long this all takes for a court date as worried it may happen when maybe I'm away for Christmas and the New Year etc

Having filed a Defence in a timely manner, it's unlikely anything will need your attention until middle/late January.
Any hearing will probably be after Easter.

Coupon-mad

Don't do a second SAR, no point.  You have the details you need.

zimbo_ouen

KeithP said:

zimbo_ouen said:

So I have recently received a County Court Claim Form...

I have read the guides and it seems I need to do an AOS and Issue Date was 18/11/2021 so think I can do this asap now right?

With a Claim Issue Date of 18th November, you have until Tuesday 7th December to file an Acknowledgment of Service and as you say there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Tuesday 21st December 2021 to file your Defence.

That's over three 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

zimbo_ouen said:

Unsure how long this all takes for a court date as worried it may happen when maybe I'm away for Christmas and the New Year etc

Having filed a Defence in a timely manner, it's unlikely anything will need your attention until middle/late January.
Any hearing will probably be after Easter.

Thanks @KeithP,

Just to check here but I thought it was 2 weeks and not 3 weeks to do the AOS? If the date of issue was the 18th November is it not the 1st December I have until?

But thank you very much for the advice

D_P_Dance

I have not ead the thread so please forgivme if you have seen this alraedy

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/