Draft for defence against Parallel Parking ltd (& gladstones solicitors)-please check!

KeithP

star1800 said:

KeithP said:

star1800 said:

KeithP said:

What is the Issue Date on the County Court Claim Form?

The named Defendant is the person who must defend the Claim.

Of course you can do all the work at this stage, but it must be done in the name of the named Defendant.

Thanks for your reply. Issue date is 9th Feb.  

With a Claim Issue Date of 9th February, you have until Monday 28th February to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 14th March 2022 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Of course everywhere I have written 'you' or 'your' I mean the named Defendant.

Thank you for your info. Unfortunately the newbie post states to send the SAR initially. So i dont know if it still applies as I am more further in. 

A Subject Access Request should also be sent. Send it to the Claimant. The response will be far more useful at Witness Statement time.

star1800 said:

KeithP said:

star1800 said:

KeithP said:

What is the Issue Date on the County Court Claim Form?

The named Defendant is the person who must defend the Claim.

Of course you can do all the work at this stage, but it must be done in the name of the named Defendant.

Thanks for your reply. Issue date is 9th Feb.  

With a Claim Issue Date of 9th February, you have until Monday 28th February to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 14th March 2022 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Of course everywhere I have written 'you' or 'your' I mean the named Defendant.

So Im not sure what I should base my defence on.

Base your Defence on the easily found template. I gave you directions towards that.

star1800

Hey guys so I sent the SAR for all the evidence including machine records for the day. They didn’t provide me with the machine data due to data protection act as it contain other vehicle Reg.

Can I ask for my own record as I allegedly overstayed but not sure how long overstay it was as I don’t have a copy of my ticket?

star1800

KeithP said:

star1800 said:

KeithP said:

star1800 said:

KeithP said:

What is the Issue Date on the County Court Claim Form?

The named Defendant is the person who must defend the Claim.

Of course you can do all the work at this stage, but it must be done in the name of the named Defendant.

Thanks for your reply. Issue date is 9th Feb.  

With a Claim Issue Date of 9th February, you have until Monday 28th February to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 14th March 2022 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Of course everywhere I have written 'you' or 'your' I mean the named Defendant.

Thank you for your info. Unfortunately the newbie post states to send the SAR initially. So i dont know if it still applies as I am more further in. 

A Subject Access Request should also be sent. Send it to the Claimant. The response will be far more useful at Witness Statement time.

star1800 said:

KeithP said:

star1800 said:

KeithP said:

What is the Issue Date on the County Court Claim Form?

The named Defendant is the person who must defend the Claim.

Of course you can do all the work at this stage, but it must be done in the name of the named Defendant.

Thanks for your reply. Issue date is 9th Feb.  

With a Claim Issue Date of 9th February, you have until Monday 28th February to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 14th March 2022 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Of course everywhere I have written 'you' or 'your' I mean the named Defendant.

So Im not sure what I should base my defence on.

Base your Defence on the easily found template. I gave you directions towards that.

Hey guys so I sent the SAR for all the evidence including machine records for the day. They didn’t provide me with the machine data due to data protection act as it contain other vehicle Reg.

Can I ask for my own record as I allegedly overstayed but not sure how long overstay it was as I don’t have a copy of my ticket

Umkomaas

Most PPCs are stubborn about providing PDT data, you can go back and ask that they partially redact other VRMs, just leaving your own showing, but don't stay awake waiting for it. Few receive any update.

Can I ask for my own record as I allegedly overstayed but not sure how long overstay it was as I don’t have a copy of my ticket

That is surely shown on the NtK - have you received a copy of that?

star1800

Umkomaas said:

Most PPCs are stubborn about providing PDT data, you can go back and ask that they partially redact other VRMs, just leaving your own showing, but don't stay awake waiting for it. Few receive any update.

Can I ask for my own record as I allegedly overstayed but not sure how long overstay it was as I don’t have a copy of my ticket

That is surely shown on the NtK - have you received a copy of that?

Iv attached the copies of the correspondent they provided. On the NtK it says expired ticket but doesn’t state  what time the ticket expired. 

KeithP

One of those images is a Notice to Hirer.

This is the first time we have learnt that neither you nor your grandmother are the registered keeper.

This is significant.

Almost certainly they have failed to comply with paragraphs 13 and 14 of Schedule 4 of the Protection of Freedoms Act.

That in turn means that they will have great difficulty transferring any driver's liability to the day to day keeper.
So do not disclose the identity of the driver.

star1800

KeithP said:

One of those images is a Notice to Hirer.

This is the first time we have learnt that neither you nor your grandmother are the registered keeper.

This is significant.

Almost certainly they have failed to comply with paragraphs 13 and 14 of Schedule 4 of the Protection of Freedoms Act.

That in turn means that they will have great difficulty transferring any driver's liability to the day to day keeper.
So do not disclose the identity of the driver.

My grandmas case is totally different, she has her own car. Nothing is to do with this car in question.
 The leasing company provided my details to parallel parking . Does that make any difference? 

What should form the basis of my defence? 

also can I ask them what time the ticket expired? 

star1800

KeithP said:

One of those images is a Notice to Hirer.

This is the first time we have learnt that neither you nor your grandmother are the registered keeper.

This is significant.

Almost certainly they have failed to comply with paragraphs 13 and 14 of Schedule 4 of the Protection of Freedoms Act.

That in turn means that they will have great difficulty transferring any driver's liability to the day to day keeper.
So do not disclose the identity of the driver.

This is the letter the leasing company sent to PPC. I wonder if the they have failed to complay paragraphs 13 and 14 of Schedule 4 of the Protection of Freedoms Act? AS there no hire agreement sent??

Let me know please if this will be sufficient for my defense??

thanks

Coupon-mad

That is hardly needed at this stage and you don't attach evidence yet.

Use the template defence and show us your draft facts section (only) please.

Happy reading, get up to speed with the new Code of Practice from the DLUHC. 

https://forums.moneysavingexpert.com/discussion/comment/79013061/#Comment_79013061

That thread explains why it matters even to existing cases and it's not even in the Template Defence yet.  There will be lots there that helps and especially the Government ban on damages/debt recovery add-ons.

star1800

Coupon-mad said:

That is hardly needed at this stage and you don't attach evidence yet.

Use the template defence and show us your draft facts section (only) please.

Happy reading, get up to speed with the new Code of Practice from the DLUHC. 

https://forums.moneysavingexpert.com/discussion/comment/79013061/#Comment_79013061

That thread explains why it matters even to existing cases and it's not even in the Template Defence yet.  There will be lots there that helps and especially the Government ban on damages/debt recovery add-ons.

hi, please check my first draft of defense:

The facts as known to the Defendant:

2.       The Defendant was not the registered keeper of the vehicle in question and liability of driver is denied. The defendant admits to being the hirer.

3.  The defendant provides the finance on the lease agreement for the car on behalf of a family friend so the defendant was not driving it at the time.

4. The operator has failed to comply with with Paragraph 14 of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). Paragraph 14.2(a) of PoFA states that in order to hold the hirer liable for the PCN, the operator must obtain and provide to the hirer specific documents outlined in Paragraph 13.2 of PoFA. Those documents are: 13.2(a) a statement signed on behalf of the vehicle-hire firm to the effect that at the time the vehicle was hired to a named person under a hire agreement; (b) a copy of the hire agreement; (c) a copy of the statement of liability signed by the hirer under that hire agreement.

Let me know if this is good enough or should i add more?

thank you