Imperial War Museum North - Excel Parking Services Ltd. Amount claimed £288.52 from 05/02/2016!

longtale_Parker

Snakes_Belly said:

Have they sent the SAR yet?

Still not had it back. Sent it on the 15/09/2021!

Snakes_Belly

longtale_Parker said:

Snakes_Belly said:

Have they sent the SAR yet?

Still not had it back. Sent it on the 15/09/2021!

Have you reported them?

The driver has had to fight their corner without seeing the evidence against them and the PPC has refused to supply the evidence. That could be unreasonable behaviour.

longtale_Parker

Snakes_Belly said:

longtale_Parker said:

Snakes_Belly said:

Have they sent the SAR yet?

Still not had it back. Sent it on the 15/09/2021!

Have you reported them?

The driver has had to fight their corner without seeing the evidence against them and the PPC has refused to supply the evidence. That could be unreasonable behaviour.

I haven't as yet. I read the forum and found guidance to warn them (which I have) before going to the IPO.

If they do respond by the 9/2 - as ordered by the court before it is thrown out, should I use my statement to bring it to the attention of the court? Or should I report them to someone else (too)?

Snakes_Belly

Contents of the particulars of claim

16.4

(1) Particulars of claim must include –

(a) a concise statement of the facts on which the claimant relies.

No SAR and no statement of facts on which they are relying. 

It's beginning to look a lot like a discontinuance. 

Were you given the opportunity to amend your defence? 

 

longtale_Parker

Snakes_Belly said:

Contents of the particulars of claim

16.4

(1) Particulars of claim must include –

(a) a concise statement of the facts on which the claimant relies.

No SAR and no statement of facts on which they are relying. 

It's beginning to look a lot like a discontinuance. 

Were you given the opportunity to amend your defence? 

 

Yes. If they comply with the order to amend and resubmit their Particulars of Claim by the 9/2, I have until the 7/3 to substitute a new defence

Le_Kirk

longtale_Parker said:

I haven't as yet. I read the forum and found guidance to warn them (which I have) before going to the IPO.

I am sure it is only a typo but it is the ICO

Snakes_Belly

I am not too sure about this but if the particulars of claim are not submitted by today then would the claim be statute barred?

They have made a claim before the six years but it was not compliant.  

longtale_Parker

Snakes_Belly said:

I am not too sure about this but if the particulars of claim are not submitted by today then would the claim be statute barred?

They have made a claim before the six years but it was not compliant.  

Blimey, what a shout!!

That would be funny - though if the court give them until the 9th, would that be considered?

Snakes_Belly

longtale_Parker said:

Snakes_Belly said:

I am not too sure about this but if the particulars of claim are not submitted by today then would the claim be statute barred?

They have made a claim before the six years but it was not compliant.  

Blimey, what a shout!!

That would be funny - though if the court give them until the 9th, would that be considered?

I am not legally trained but I would be interested to see what the regulars thought. 

They have waited nearly six years to make the claim. Then they can't get it right and it is struck out because it is not compliant.  They have until the 9th of February to comply with the directions however the debt becomes statute barred on the 5th February. 

I would have thought you should have had a copy of the compliant claim if it has been sent to the court. It is certainly something to bring up in any new defence. I would not be impressed with this if I was a judge.    
 

Snakes_Belly

I wonder why they have not sent the SAR and why it has taken them so long to pursue this claim. It may be a case of double dipping as the driver dropped off and then picked up later on.