PCN Request for disclosure

KeithP

StudentatLaw said:

 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. 

Not enough time? Extension? Disclosure?

This is the Small Claims Track we are talking about here.

Redx

There are several recent court claims on here regarding WW PPL , have a read of those

The defence is rarely dependent on a SAR reply , it's usually required at the WS stage

Most respondent's on here have little or no litigation experience , but vast knowledge of this topic

As it's a small claim , you won't get extensions etc , follow the process , starting with the template defence by coupon mad

Castle

StudentatLaw said:

1505grandad said:

Who is the "ticket company"?.

Premier Parking Logistics 

I assume the claim is made out in the name of Walton Wilkins t/a Premier Parking Logistics?

nosferatu1001

You won't get
- disclosure 
- an extension

youre likely thinking crimPR, or at least fast or higher civPR.  There is no disclosure as this claim will hit the SCT. 

You file a defence via email same as everyone, and await the sar to use when writing Ds WS

Coupon-mad

You also don't need an extension.  Trust us.

Everything you need is covered in the template defence.  I'm not legally trained but as long as you add the facts that the Defendant DOES know - e.g. what sort of car park this is, and if known, whether it was dark/a fluttering ticket case/that they were permitted/maybe just dropping a passenger off for mere minutes/if they know they were driving, or alternatively if they do not know anything about the event and 'put the Claimant to strict proof' then that will cover it.  

You will see that the wording of the template defence has sufficient admissions and denials of the allegations in the Particulars, to pass as a defence and get to witness statement and evidence stage in the Spring, even if the Defendant ends up saying in #3 of this defence that they have no idea about any facts, have been ambushed with this claim without any information having been served with the supposed Letter before Claim and deny that the Claimant is entitled to any relief and put the C to strict proof of all allegations.

KeithP

StudentatLaw said:

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.  

Then all I need say is... 

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.

Probably don't even need to say that. 

StudentatLaw

Redx said:

There are several recent court claims on here regarding WW PPL , have a read of those

The defence is rarely dependent on a SAR reply , it's usually required at the WS stage

Most respondent's on here have little or no litigation experience , but vast knowledge of this topic

As it's a small claim , you won't get extensions etc , follow the process , starting with the template defence by coupon mad

Thanks for the reply, I've looked out at posts re WW and PPL, but haven't managed to find anything that can actually be of any help. Perhaps you can point me to some links? 

This is slightly frustrating as I can hardly prepare a defence without knowing what evidence they rely on. This is a 2-3-year-old alleged 'ticket' and we have no evidence to refer to and have no idea about the signage at the time etc.  Sure I can prepare a generic defence, and the CouponMad defence looks very helpful, but I want to take a legal approach that's specific to my case to increase my odds and actually prepare a tailored response. Hence why I came here to see peoples experience.
Castle said:

StudentatLaw said:

1505grandad said:

Who is the "ticket company"?.

Premier Parking Logistics 

I assume the claim is made out in the name of Walton Wilkins t/a Premier Parking Logistics?

that's right

StudentatLaw said:

 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. 

Not enough time? Extension? Disclosure?

This is the Small Claims Track we are talking about here.

I'm currently operating on the basis that this has not yet been allocated to a track. Sure, it's fair to assume that this will be allocated to the SCT, but not necessarily, and it hasn't yet been allocated. Correct me if I'm wrong? 

nosferatu1001 said:

You won't get
- disclosure 
- an extension

youre likely thinking crimPR, or at least fast or higher civPR.  There is no disclosure as this claim will hit the SCT. 

You file a defence via email same as everyone, and await the sar to use when writing Ds WS

See my above reply to @KeithP. Are we all not assuming the track allocation to early on? It should be beside the point where the case is likely to be allocated... and you should always assume the track allocation based on value. 

I'm not saying I'm correct, I'm here for thoughts on peoples experience and their pragmatic experience. So can we all take it a little easy on me? Some others aren't being as friendly or forgiving as we could be...

Redx

Track allocation comes after filing the defence , DQ stage is after the defence is filed , where you nominate your local court

The CCBC then allocate it to a court to deal with , because they are just an office , they are not a court

The deadlines apply , fail those deadlines and it's a default CCJ

Just assume we know better and do what coupon mad said , it's easier than arguing

Also , very few people discuss their experiences on here , most disappear afterwards , the WW cases have only just started so you won't get help from anyone who has PPL experience , just general experience

Coupon-mad

I'm here for thoughts on peoples experience and their pragmatic experience.

We've seen loads of cases where Defendants don't know any details and use the template defence with as much as they can add at #3, and by using that defence they don't need bespoke responses because that defence covers all the bases you need.   

The D then adds more at WS and evidence stage - all of which will flow from the defence (signs; landowner authority; fake added costs, plus any facts that the SAR discloses about the parking event, none of which will stray very far from the template defence and won't be anything new).

StudentatLaw

StudentatLaw said:

Redx said:

There are several recent court claims on here regarding WW PPL , have a read of those

The defence is rarely dependent on a SAR reply , it's usually required at the WS stage

Most respondent's on here have little or no litigation experience , but vast knowledge of this topic

As it's a small claim , you won't get extensions etc , follow the process , starting with the template defence by coupon mad

Thanks for the reply, I've looked out at posts re WW and PPL, but haven't managed to find anything that can actually be of any help. Perhaps you can point me to some links? 

This is slightly frustrating as I can hardly prepare a defence without knowing what evidence they rely on. This is a 2-3-year-old alleged 'ticket' and we have no evidence to refer to and have no idea about the signage at the time etc.  Sure I can prepare a generic defence, and the CouponMad defence looks very helpful, but I want to take a legal approach that's specific to my case to increase my odds and actually prepare a tailored response. Hence why I came here to see peoples experience.
Castle said:

StudentatLaw said:

1505grandad said:

Who is the "ticket company"?.

Premier Parking Logistics 

I assume the claim is made out in the name of Walton Wilkins t/a Premier Parking Logistics?

that's right

StudentatLaw said:

 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. 

Not enough time? Extension? Disclosure?

This is the Small Claims Track we are talking about here.

I'm currently operating on the basis that this has not yet been allocated to a track. Sure, it's fair to assume that this will be allocated to the SCT, but not necessarily, and it hasn't yet been allocated. Correct me if I'm wrong? 

nosferatu1001 said:

You won't get
- disclosure 
- an extension

youre likely thinking crimPR, or at least fast or higher civPR.  There is no disclosure as this claim will hit the SCT. 

You file a defence via email same as everyone, and await the sar to use when writing Ds WS

See my above reply to @KeithP. Are we all not assuming the track allocation to early on? It should be beside the point where the case is likely to be allocated... and you should always assume the track allocation based on value. 

I'm not saying I'm correct, I'm here for thoughts on peoples experience and their pragmatic experience. So can we all take it a little easy on me? Some others aren't being as friendly or forgiving as we could be...

Just to correct my response this should have said "and you should NOT always assume track allocation based on value. 

Apologies.