Claim form for parking over 5 years ago

Jenni_D

In that case they're chasing a PCN dated 4th Dec, so you defend on that basis.  

Coupon-mad

Remove that! It shows the password bottom right!

And just do what @Johnersh said.

outsidechancex

Coupon-mad said:

Remove that! It shows the password bottom right!

And just do what @Johnersh said.

Thank you for spotting!

Johnersh

The defendant can probably admit to being the driver on 4/12 it'll make the defence and statements much easier to draft.  If the car was 500 miles away there's no reason not to. 

outsidechancex

Johnersh said:

My last point was to be careful,  as it is possible that the *photo* was in MM/DD/YYYY format, which will be explained in a later statement.  If so, the date referred to on the claim form is correct. 

The o/p needs to do some work to examine exactly where the car/driver was on both dates, then assert a positive case in the defence, rather than "I woz probably at home" 

If the claim form in error refers to a date when the car was elsewhere and proof or statements can support that, s/he's in business and may wish to consider serving a short statement on Cs solicitors early 

Thank you. I have adapted the defence:

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question, but liability is denied.  

3.       The Defendant denies that they used this site or that the vehicle [INSERT REG NO] was there at all on 04/12/201X (Sunday 4th December 201X). This is a memorable date, as the Defendant was attending a family members birthday party. Notwithstanding a Subject Access Request to the Claimant for a complete file of records pertaining to the Defendant and vehicle [insert REG number], the Claimant has failed to supply any evidence of the vehicle having been parked or a PCN issued on this date, nor has the Defendant received any pre-action correspondence for a PCN dated 04/12/201X.

I wonder whether I should add that I had no reason to be using the car park at this date, given that I no longer lived nearby as of July that year? Or should this be saved for the witness statement?

I can get statements from other people attending and I also have photos from the birthday party. However I'm not sure this is enough to serve a short statement on Cs solicitors and even so, I don't know how to do this? 

outsidechancex

And does it matter that the PCN references are the same for the PCN picture (dated April) from my SAR request and the PCN (dated December) from the claim form?

Coupon-mad

Yes add in that you were not living there after July so can’t have incurred a PCN then. But that you were in possession of and driving the car on the material date.

As for serving a short statement, you just email it.

Redx

Email goes to the litigation department at dcb legal , the details may be on the claim form , this forum , or Google

outsidechancex

outsidechancex said:

And does it matter that the PCN references are the same for the PCN picture (dated April) from my SAR request and the PCN (dated December) from the claim form?

Can anyone advise on this before I submit defence re the dates please?

Johnersh

How do you know the SAR references aren't the same on every ticket? Or that the same references aren't reused every month or two?