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Ignore - CC Claim received without LBC

Djidrone23
Djidrone23 Posts: 16 Forumite
10 Posts
edited 9 September 2021 at 3:19PM in Parking tickets, fines & parking

Hi 

 

New user here background to the ticket, driver was driving back from work and felt unwell. Stopped on a double yellow private estate to use a restaurants bathroom to throw up. They were gone for a total of 10 mins max came back to the car no ticket. In the post a few weeks later a notice to keeper. When they looked at the evidence they took pictures of the car and poorly lit sign yet left no windscreen ticket.

 

I’ve been following the Newbie thread which was very helpful, Lost the appeal and was wating for the LBC as the directed in the newbie thread. However the letter never arrived and  thought they gave up. On Friday afternoon RK received the County court claim form so had a few questions:

 

  • Can I still submit an SAR requesting the data to help with my defence ?
  • Do I wait 5 working days or 5 normal days before I reply to the county court letter ?
  • The ticket was appeal was RK but they are out of the country not able to return as they are in a red list country, is it wise to appeal as driver ?

 

Bit of a long one but would really appreciate some help 😊


«1

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The Registered Keeper should send a Subject Access Request to the parking company as described in the second post of the NEWBIES thread.

    What is the Issue Date on the County Court Claim Form?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Is it your name on the court claim ?  Or the person in a red list country ??

    Plus as KeithP says above , post the issue date from the claim form below
  • KeithP said:
    The Registered Keeper should send a Subject Access Request to the parking company as described in the second post of the NEWBIES thread.

    What is the Issue Date on the County Court Claim Form?
     Okay I will submit the request and The issue date is 12/08/21 
  • Redx said:
    Is it your name on the court claim ?  Or the person in a red list country ??

    Plus as KeithP says above , post the issue date from the claim form below
     Person who is in red list is named on the court claim and the issue date was 12/08/2021 but received 13/08/21
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you complained to your MP?
    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    KeithP said:
    What is the Issue Date on the County Court Claim Form?
      The issue date is 12/08/21 

    With a Claim Issue Date of 12th August, you have until Tuesday 31st August to file an Acknowledgment of Service but 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, you have until 4pm on Tuesday 14th September 2021 to file your Defence.
    That's over 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 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.

    Of course everywhere I have used 'you' or 'your' I mean the named Defendant.
  • KeithP said:
    KeithP said:
    What is the Issue Date on the County Court Claim Form?
      The issue date is 12/08/21 

    With a Claim Issue Date of 12th August, you have until Tuesday 31st August to file an Acknowledgment of Service but 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, you have until 4pm on Tuesday 14th September 2021 to file your Defence.
    That's over 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 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.

    Of course everywhere I have used 'you' or 'your' I mean the named Defendant.
    Do you think i will get the SAR data back in time as it will help with my defence ?

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    KeithP said:
    KeithP said:
    What is the Issue Date on the County Court Claim Form?
      The issue date is 12/08/21 

    With a Claim Issue Date of 12th August, you have until Tuesday 31st August to file an Acknowledgment of Service but 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, you have until 4pm on Tuesday 14th September 2021 to file your Defence.
    That's over 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 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.

    Of course everywhere I have used 'you' or 'your' I mean the named Defendant.
    Do you think i will get the SAR data back in time as it will help with my defence ?

    Unlikely, but the response to a Subject Access Request is going to be far more useful at Witness Statement time - some months away.

  • D_P_Dance said:
    Have you complained to your MP?
    Yeah No response lol 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Redx said:
    Is it your name on the court claim ?  Or the person in a red list country ??

    Plus as KeithP says above , post the issue date from the claim form below
     Person who is in red list is named on the court claim and the issue date was 12/08/2021 but received 13/08/21
    The red list defendant submits the SAR

    The red list defendant does the AOS online

    The red list defendant submits the defence by email


    You can only assist the actual defendant , as an advisor
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