Claim sent to registered keeper (not driver at the time)

Redx

PabloPurple123 said:

SAR and AOS done.
Am I right in thinking she has until 8th January to file the defence?  (not that she will leave it right to last minute) 

No , because it's a Saturday , so never on a weekend !

Le_Kirk

PabloPurple123 said:

@KeithP can you please advise on dates? I'm going to get my mum to request a SAR so hoping they will respond before the deadline of the defence needing to be submitted 

Auntie Google provided this answer:-

The defendant has 14 calendar days from the 'date of service' to file a response. If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response. The defendant can extend the time to respond to 28 calendar days by filing an acknowledgment of service (AOS).

Or, you could look at the CPR Part 10

KeithP

Le_Kirk said:

PabloPurple123 said:

@KeithP can you please advise on dates? I'm going to get my mum to request a SAR so hoping they will respond before the deadline of the defence needing to be submitted 

Auntie Google provided this answer:-

The defendant has 14 calendar days from the 'date of service' to file a response. If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response. The defendant can extend the time to respond to 28 calendar days by filing an acknowledgment of service (AOS).

Or, you could look at the CPR Part 10

 Or indeed, read the Claim Form.

The back of the Claim Form states:

It goes on to say:

PabloPurple123

Thanks all  that's how I got to 8th Jan (or I guess would be 10th Jan given that falls on a weekend) just wanted some reassurance I had calculated it correctly

Issue Date = 6th Dec, so date of service would be 11th Dec, plus 28 days = 8th Jan 

Redx

PabloPurple123 said:

Thanks all  that's how I got to 8th Jan (or I guess would be 10th Jan given that falls on a weekend) just wanted some reassurance I had calculated it correctly

Issue Date = 6th Dec, so date of service would be 11th Dec, plus 28 days = 8th Jan 

Doesn't matter if your mum does it early , no reason for last minute dot com , so off your calculations , minus one , make it 4pm on Friday the 7th Jan , so work to that deadline instead , early is better than late , late being 11th Jan

PabloPurple123

My mum got a response from the SAR, and have referenced the letter with the wording on http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted and I believe they have complied with the requirements.

Wondering if anyone else more familiar with these letters notices anything I haven't? If not I guess just not a point to be included in the defence !?

Coupon-mad

Yes that's POFA compliant, so not something to feature in a defence.

PabloPurple123

@Coupon-mad thank you 

PabloPurple123

I am just helping my mum with the defence. I have got the 2020 defence template from the newbie thread. For points 2 & 3 I have so far got this: 

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The facts are that more than one family member was insured to drive that vehicle at that time and whilst the Defendant was the keeper, she is prepared to swear on oath if necessary, that she was not the driver.

3. The Defendant first heard about this parking charge by post November 2016. The Defendant felt extremely harassed and bombarded with the ‘debt recovery’ letters.

I am struggling with what else to add into these points? Just to re-cap - my mum owned the car, but we were both insured and I parked the car this day at my university. Is there much more that can be added into points 2 & 3? Please feel free to suggest or re-word. 

As always, I really appreciate any help or suggestions you guys give so thanks in advance

Redx

Never expand 2 more than necessary

Bear in mind the statement of truth at the bottom of the template , meaning that she is already swearing on oath as soon as she signs the defence document and submits it , so are those words really necessary. She merely states that she was definitely not the driver , so the last section is ok

In 3 , the debt collector letters are standard business practice , not harassment and are no defence

Good start for an initial draft