Notice of proposed allocation to the small claims track

Lisatcb

Umkomaas said:

Lisatcb said:

It's all in my sons name! 

So he must defend it, everything in his name. You are not involved, other than to act as his 'PA' in preparing papers etc.  He must be at any hearing, although you can assist as a Lay Representative or McKenzie Friend - research them both on Google so you know the extents and limitations. 

Thank you.. 
Any help links in preparing a new defence for my son...

Umkomaas

Lisatcb said:

Umkomaas said:

Lisatcb said:

It's all in my sons name! 

So he must defend it, everything in his name. You are not involved, other than to act as his 'PA' in preparing papers etc.  He must be at any hearing, although you can assist as a Lay Representative or McKenzie Friend - research them both on Google so you know the extents and limitations. 

Thank you.. 
Any help links in preparing a new defence for my son...

It's all there in the NEWBIES FAQ Announcement, second post and the Defence Template Announcement, both near the top of the forum thread list.  All but two paragraphs are written for him!  He just needs to fill in a bit of background details about the parking events.

You must go there now and work with that template. 

Lisatcb

Umkomaas said:

Lisatcb said:

Umkomaas said:

Lisatcb said:

It's all in my sons name! 

So he must defend it, everything in his name. You are not involved, other than to act as his 'PA' in preparing papers etc.  He must be at any hearing, although you can assist as a Lay Representative or McKenzie Friend - research them both on Google so you know the extents and limitations. 

Thank you.. 
Any help links in preparing a new defence for my son...

It's all there in the NEWBIES FAQ Announcement, second post and the Defence Template Announcement, both near the top of the forum thread list.  All but two paragraphs are written for him!  He just needs to fill in a bit of background details about the parking events.

You must go there now and work with that template. 

Thank you... we will look though...

Coupon-mad

Please don't start preparing a new defence yet for your son.  There is very little wrong with this defence he submitted already:

Defence
1, I wasn't the driver.
2, No parking took place.
My mum dropped me to the station carpark in question, turned
around and drove out! Later that day she picked me up from the
station car park, turned around and drove out!
As you are allowed 15 minutes free parking NO parking offences
took place!
The original ticket was appealed and never heard back until bw
legal took over. I have emailed them about this matter asking for
photo and cctv evidence and didn't get anything back.
I'm asking for evidence (PHOTOS CCTV) as there will be 2 entry's
and 2 exit's
BOTH VERY UNDER 15 MINS..
AT NO TIME DID ANY PARKING TAKE PLACE BY ME OR MY MOTHER IN THE
VEHICLE.
SO NO OFFENCE WAS COMMITTED, THEREFORE I DO NOT OWE ANY
FINES/MONEY!

Surely he wins.  No breach there!

Wait to see their amended POC first.  Their deadline comes first and the Judge has set them the task of showing breach. They will struggle, given what your son said actually occurred.

I think they might discontinue the claim as there was no breach.  Come straight back to us when your son gets something from the Claimant's solicitor.

All I would do right now if I were the Defendant is email the parking firm's DPO (NOT THEIR SOLICITOR) today, and provide a copy of the claim form and V5C logbook (if he still owns the car) as two forms of ID, and quote the PCN number (NOT CLAIM NUMBER) in the subject line.  He should ask NCP as a Subject Access Request, for ALL the ANPR captures log from the 48 hour period spanning 18/09/2020 until the end of the day on 19/09/2020, that show his car and or numberplate as it traversed the site more than once in that two day period.  Refer to the request as a SAR but specifically ask for all ANPR captures of that car on those two days.  They MUST provide it.

If in the meantime the solicitor sends him a new POC then come back here and he must not miss the deadline to improve his defence.

Don't wait for the ANPR images.  They are just the icing on the cake in case the claim continues and will be very useful.

But I predict a discontinuance.

Coupon-mad

By the way the defence is wrong in that it says 'later that day she picked me up' but in fact it was the next day that they have relied upon as their second image:

Photos are
Entry 18/09/2020 19:00.43
Exit  19/09/2020   10:14

Umkomaas

Coupon-mad said:

By the way the defence is wrong in that it says 'later that day she picked me up' but in fact it was the next day that they have relied upon as their second image:

Photos are
Entry 18/09/2020 19:00.43
Exit  19/09/2020   10:14

I raised this with the OP earlier today at 4:45pm. It's where it all starts to unravel as the OP speaks of a drop off in the morning and a pickup in the evening on the same day.  The PPC looks to be suggesting that the car was parked on the evening of the 18th, and remained there (over night) until leaving in the morning of the 19th.

Coupon-mad

Double dip!

They'll discontinue I am sure but asking for all the ANPR captures of the car as it went in and out across the two days will be fun.

D_P_Dance

If this was a double dip have you read this?

https://forums.moneysavingexpert.com/discussion/5550336/double-dip-parking-list-of-cases

Redx

The OP should realise that if any Defence is submitted , it's not a new defence , it's an amended Defence

This means that certain paragraphs may , only may , need amending , typically in red ink I believe , so it's not a new defence ,  if the submitted defence covers the situation and needs no amendments , the OP ( actually her son , the defendant ) need do nothing

So concentrate on anything that needs adding , if at all ( it's possibly minor changes at best )

Plus take heed of the replies by coupon mad and Umkomaas !

The OP is not the defendant , so is merely a P A , a helper assisting the true defendant

Lisatcb

Thank you all!!!

Hello....
Thank you for your reply!

I did email National cat parks for SAR and got back an email with just the 2 images there using for the pcn 
Which at the time of our defence I didn't realise that the 2 entries captured were night and morning, as I dropped and picked him up everyday..

They said they only hold information for 60 days that's not disputed....
Bw legal have emailed the court and attached my son a new fully pleaded document... it's pages long... I will go though it tonight and post main points... 

Thank you all for your help!