PCN Request for disclosure

StudentatLaw

Hi all

My father received a Claim Form on 20 November and made a request for disclosure under the CPR multiple times but I have been denied. What are my options going forward? I am considering requesting an agreed extension which will also likely be denied but could be an aggravating factor in front of a judge as they haven't given me sufficient information or time to compile details. 

A SAR was filed with the ticket company which was ignored (maybe they never received it? - best to give them the benefit of the doubt). So I have sent another on 22 November. 

Many thanks for any help you guys can be. I'm a law graduate and aspiring commercial lawyer,  but as you can imagine this still a very anxious and stressful experience and I have no litigation experience. 

KeithP

StudentatLaw said:

My father received a Claim Form on 20 November...

Hello and welcome.

You say the Claim Form was received on 20th November, but what is the Issue Date on the County Court Claim Form?

StudentatLaw said:

A SAR was filed with the ticket company which was ignored (maybe they never received it? - best to give them the benefit of the doubt). So I have sent another on 22 November. 

You do understand that a recipient of a SAR has a calendar month to respond to it, don't you?

Who is the Claimant?

StudentatLaw said:

...I have no litigation experience. 

Neither have I. 

Umkomaas

I'm a law graduate and aspiring commercial lawyer,  but as you can imagine this still a very anxious and stressful experience and I have no litigation experience. 

Qualification-wise, you're ahead of 99% of the regulars here, on a forum dedicated to fighting unfair parking charges at first base level. That this has morphed and escalated to something far more is down to the vacuum exploited by a venal and rapacious skimdustry, preying on the naive and the vulnerable.

We should be looking to you to help us, not the other way round!

Fruitcake

Please start by clarifying where you fit into this if the claim was sent to your father. If his name is on the claim form then everything has to be done in his name.

1505grandad

Who is the "ticket company"?.

StudentatLaw

KeithP said:

StudentatLaw said:

My father received a Claim Form on 20 November...

Hello and welcome.

You say the Claim Form was received on 20th November, but what is the Issue Date on the County Court Claim Form?

StudentatLaw said:

A SAR was filed with the ticket company which was ignored (maybe they never received it? - best to give them the benefit of the doubt). So I have sent another on 22 November. 

You do understand that a recipient of a SAR has a calendar month to respond to it, don't you?

Who is the Claimant?

StudentatLaw said:

...I have no litigation experience. 

Neither have I. 

I should clarify that the issue date is 20th November. Therefore, the deadline to submit is 4 pm on 23rd December. 

I am familiar with the time frame for SAR. One SAR was sent to C when I received the letter before action, and one has been sent on 22 November. 

The Claimant is Premier Parking Logistics and represented by DCB Legal. 

Fruitcake

Did you include proof of ID with the SAR such as a copy of the V5C or redacted utility bills? Without such proof the scammers are not obliged to provide the information your requested.

If you did provide suitable ID then complain to the ICO about their lack of response.

StudentatLaw

Umkomaas said:

I'm a law graduate and aspiring commercial lawyer,  but as you can imagine this still a very anxious and stressful experience and I have no litigation experience. 

Qualification-wise, you're ahead of 99% of the regulars here, on a forum dedicated to fighting unfair parking charges at first base level. That this has morphed and escalated to something far more is down to the vacuum exploited by a venal and rapacious skimdustry, preying on the naive and the vulnerable.

We should be looking to you to help us, not the other way round!

Thank you for your kind words. I have a base legal knowledge, but the law in practice is very different. My understanding of Law is largely academic and largely has little application in the 'real world'. I'm sure once I've qualified I will come back to these forums in a pro-bono capacity. 

StudentatLaw

1505grandad said:

Who is the "ticket company"?.

Premier Parking Logistics 

StudentatLaw

Fruitcake said:

Please start by clarifying where you fit into this if the claim was sent to your father. If his name is on the claim form then everything has to be done in his name.

I am handling this matter for him, so forgive if I use "I" interchangeably. For the purposes of this forum, you might as well consider this claim mine. 

StudentatLaw

Fruitcake said:

Did you include proof of ID with the SAR such as a copy of the V5C or redacted utility bills? Without such proof the scammers are not obliged to provide the information your requested.

If you did provide suitable ID then complain to the ICO about their lack of response.

I've satisfied the requirements for the SAR (I've dealt with SARs in my previous role in an in-house legal capacity). 

I haven't yet complained to the ICO (often isolated complaints are ignored anyway). I gave them the benefit of the doubt and submitted a second, which their legal reps have acknowledged this time. Of course, this does not give me enough time to submit my defence.

My initial step is going to be to request an extension. They will likely deny and their denial of an extension will not look good in court, but I need to understand my alternative options. I don't want to be going into court without an adequate defence. For context, they've basically fobbed me off up until this point, which has motivated me to take this seriously and win. They've denied my requests for disclosure without any real reason. Getting all the information they have is of course important for me to start thinking through and preparing a defence.