Notice of proposed allocation to the small claims track

Coupon-mad

As I said, he should now ask specifically for ALL ANPR captures of that car across those two days.

I wasn't expecting him not to do that just because they'd previously replied to a basic SAR.  I coached you on what to get him to now do, for a reason.

Interesting that they are persisting with an unwinnable case.  Quite funny in fact and he could re-plead his defence with a counterclaim for £300 for misuse of his data.

There is clearly no breach and there was no reason to get his data at all, and a Judge even gave them a heads up but they are still wasting his time and causing distress by continuing with a case which shows two different days.

The Judge gave them every chance to review the images and discontinue and instead the Claimant has not reviewed anything properly and seems to think that they can run a doomed case alleging that car stayed overnight, despite the defence clearly stating that this was two visits and despite the Defendant asking by SAR for ALL the ANPR captures across the two days because the 'orphan images' of the car leaving and returning were missing from the first reply.

(see why I did that now?  Do it).

Lisatcb

Coupon-mad said:

As I said, he should now ask specifically for ALL ANPR captures of that car across those two days.

I wasn't expecting him not to do that just because they'd previously replied to a basic SAR.  I coached you on what to get him to now do, for a reason.

Interesting that they are persisting with an unwinnable case.  Quite funny in fact and he could re-plead his defence with a counterclaim for £300 for misuse of his data.

There is clearly no breach and there was no reason to get his data at all, and a Judge even gave them a heads up but they are still wasting his time and causing distress by continuing with a case which shows two different days.

The Judge gave them every chance to review the images and discontinue and instead the Claimant has not reviewed anything properly and seems to think that they can run a doomed case alleging that car stayed overnight, despite the defence clearly stating that this was two visits and despite the Defendant asking by SAR for ALL the ANPR captures across the two days because the 'orphan images' of the car leaving and returning were missing from the first reply.

(see why I did that now?  Do it).

OK I will send the email back asking for all image's, again..
The main point is aswell... both image's are of entries... no exit image's at all... I've told bw legal this too... 
How do we re-plead the defence with a counter claim? 
Thank you so much for your detailed reply! Really appreciate the help. As its all so confusing... x

Coupon-mad

The main point is aswell... both image's are of entries... no exit image's at all... I've told bw legal this too... 

Haha even better,  I wondered if they might be!

PERFECT for a counterclaim especially after the Judge told them (effectively) to review the case and show breach.  They are stuffed.

See the threads by @Nosy and @ellaro9 for examples of fully pleaded defence plus counterclaims.

Le_Kirk

You have been given a chance to AMEND the defence you submitted once the claimant sends you a new POC as per the general form of judgment or order.  What you do is look at your defence posted here 18 November 2021 and EDIT it by using strikethrough of your discarded words and adding text in a different colour or bold .  You could first of all make it less confusing by referring to the defendant rather than "I" writing the rest of the defence in the third person, from the point of view of the registered keeper and make it clear that the defendant (your son, although you don't say that) was not driving.  Also clear up any confusion regarding timings of the in and out times shown.  Resist the temptation to write war and peace.  Remember it is an amended defence not a new one. I note that @Coupon-mad has now given a link to a defence with counterclaim.

Coupon-mad

They can if they like, strike through most of that old defence then follow it with the new stuff plus counterclaim underneath.

This case absolutely lends itself to a counterclaim now the Judge has given them a green light to re-plead.

Lisatcb

Afternoon..
Thank you all for your comments..
I have been reading though all serguested stuff..
I've emailed NCP asking for all the images again for those 2 days..
We are now working on adding to the defence! 
Few questions....
Do I email the amended defence as a reply to bw legal fully pleaded claim? 

How much should I counter claim for £300 as serguested by Coupon-mad? 

How do I pay for the counterclaim?

Do we state that both pictures are Entries in defence? I will add the correct details of days! 

Thank you all so much 🥰

Coupon-mad

Do we state that both pictures are Entries in defence?

Yes, that's the basis for the defence and counterclaim, that the Claimant should have checked the ANPR images at the time snd certainly last month when the Judge gave them a nudge that they might have no case.

I am not sure whether the court will let him counterclaim when he re-pleads his defence but he'll find that out when he rings up to pay the fee (which is why I suggested £300 - Google the fees).

Like you were advised, he starts with the old defence on a word doc and strikes through what he wishes to remove, then adds the new defence.  Based on our template defence of course and with the facts added.

Then the counterclaim immediately underneath on the same document, like you see in the examples by @ellaro9 and @Nosy.

Redx

Plus if you nominated Basildon court , and if Basildon issued the court order , the amended defence etc goes to Basildon , so don't make the mistake of emailing the CCBC in Northampton , not if they passed it to Basildon ! 👍👍

Lisatcb

Thank you both! 
Will update when we hear more! 

🤞

Coupon-mad

No, we want to see your draft please.  We want to help you get it right.