DCBL - Letter of Claim - Defence to be filed

Le_Kirk

You prepare your WS as soon as you can after you have submitted your defence, whilst it is fresh in your mind and send it in line with the instructions you receive from the court.  If you have the claimant's WS, you refer to it in your WS and refute anything they say which is not true and provide evidence to back up what you say.

Maybelle

quick question - i emailed the directions questionnaire to First Parking but on the Claimant's questionnaire they've put their legal team's email address. I was reading on the forum that forms should be returned to the Claimant or their legal representatives if they have one. I didn't know this and the deadline for returning the documents was today (12th). Should I forward on the email to First Parking to their legal team or can I leave it?

D_P_Dance

They have to prove, OTBOP, that you were the driver.  Unless they were present, or have CCTV footage and know what you look like, they would struggle in court.   If it is too late for a counter-claim, when you have won, consider a claim for harassment.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/ 

Coupon-mad

Obviously forward the email to where you should have sent it.

Fruitcake

D_P_Dance said:

They have to prove, OTBOP, that you were the driver.  Unless they were present, or have CCTV footage and know what you look like, they would struggle in court.   If it is too late for a counter-claim, when you have won, consider a claim for harassment.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/ 

A counter claim has already been made.

KeithP

Maybelle said:

quick question - i emailed the directions questionnaire to First Parking but on the Claimant's questionnaire they've put their legal team's email address. I was reading on the forum that forms should be returned to the Claimant or their legal representatives if they have one. I didn't know this and the deadline for returning the documents was today (12th). Should I forward on the email to First Parking to their legal team or can I leave it?

Immediately following the Claimant's name and address details on your County Court Claim Form there is a box entitled...

What do you think that means?

Maybelle

Hi All, I have received my court date (late Oct) and need to send copies of the documents which I intend to rely on 14 days before my hearing. I am working on my witness statement but unfortunately the great templates provided are quite different to my case. I searched @Nosy's thread and pinged a message but could anyone advise what I should include in this? @Coupon-mad I saw your example and will be tweaking it but could someone let me know if I've missed anything?

So far the evidence I intend to rely on are as follows;

Personal evidence
- payslip and email showing I was working that day
- First Parking's documentation showing that the registered keeper is a different individual 
- all my correspondence in which i didn't name myself as the driver
- demand letters from DCBL and my correspondence in which I pointed out they were harassing the wrong person

Legal Evidence
- ParkingEye v Somerfield, High Court stage: HHJ Hegarty at paras 419 - 428 about the fact parking firms can't add admin costs

- Excel v Wilkinson

Protection from Harassment Act excerpt about what constitutes harassment

CPR 16.5 showing that allegations not denied are deemed admitted

BPA CoP 

PE v Beavis paras 108 and 111

Ferguson v British Gas

Vento v Metropolitan Police para 65 (and the 'Vento bands')

Roberts v Bank of Scotland para 59-64

CPUTR Part 2 Prohibitions para 3

CPUTR Part 2 Prohibitions para 5 - Misleading Actions

CPUTR para 27A

CPUTR para 27B

CPUTR para 27J

DPA Principles

GDPR Article 5

GDPR Article 6

Vidal-Hall v Google para 105

Clay v Civil Enforcement

Coupon-mad

Remind us, is there a counterclaim here and how much for?

You have good authorities there.

Maybelle

yes, there is for £500 or whatever is deemed appropriate

Maybelle

Hi all, I have been working on my witness statement steadily over the last month. My hearing is on 29th and it says I must deliver everything 14 days before. Is that 14 working days? 

Also I’ve seen some people have had issues with the claimant not paying the court fee - how do I find out if first parking have paid?

is there anything else I need to be doing at this point in time?