Claim form received

aac83uk

Hi all,
I have received a claim form (county court business centre) couple of days ago.
I was wondering am I still able to request all photos and evidence they have against me.
If so what is the procedure of requesting it.
Thank you

KeithP

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

You can always send a Subject Access Request to the parking company, as described in the opening paragraphs of the second post of the NEWBIES thread. By the way, who is the parking company? Be aware though that the parking company has a whole month to respond so the information returned will probably be more useful at witness statement and evidence time.

aac83uk

Hi thanks for responding
 Date on the claim form is 5th of May 2022
Parking company: UK car park management limited
Solicitors: Gladstone 

KeithP

aac83uk said:

 Date on the claim form is 5th of May 2022

With a Claim Issue Date of 5th May, you have until Tuesday 24th May to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

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

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 7th June 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'.

aac83uk

Thank you very much for your advice I'll get the acknowledgement of service done now and getting the defence ready.
Thank you again 

Coupon-mad

And email the SAR to UKCPM.

aac83uk

Do I also do the following after emailing the SAR at this stage


'As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.'

Thanks in advance

KeithP

aac83uk said:

Do I also do the following after emailing the SAR at this stage


'As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
Your email tells the solicitor:
(a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
(b) I have sent your client a SAR
(c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses.'

Thanks in advance

No, don't bother with that.

That guidance applies after you have received a Letter of Claim and before you have received the actual County Court Claim.

Once a County Court Claim has been Issued, the process cannot, in the normal course of events, be delayed.

aac83uk

Hi all. I am about to write up the defence for the claim.. 

Thought I'll quickly type down what happened and if anyone can give me some pointers on things I could highlight or avoid mentioning.

I am a driving instructor I drove into a very small private land to pick up a student. His flat is on the land. (link for the photo below)
There was a car parked quite far back behind me. As I was waiting for my student to come down, a lady got out of the car and literally crept up behind my car (I could see her in my rear mirror she was trying to be out of my view), then took out her phone and took a picture of the rear of my car. She then walks up to my driver window and says "you cant park here darling".
Without arguing I responded okay and drove out.

To my surprise I received a parking charge notice though the post a few days later.

I appealed against the first notice by post (driver wasn't identified on the appeal) but did not receive any reply. Instead I got the letter mentioning discount period over.

After that I ignored all letters

Id really appreciate any advice for the defence 

Below are some links with photos and the claim letter.

link 1 car positions

https://dub01pap002files.storage.live.com/y4mSR5AUdKCzl2WWJQXSVzTZmTOPvGcjgtnjIymVSfinkmBEYOOvls6fgxNP-EOGpEiYuDNO9f4dViQSgGOa7hkqmH_FACCyZObTjP8fkOiMZmxKPEdl4ltPsi-0zHKeK0J0k5DNipZXajiQkBeT98lBW-jd5pDks_PxrVHABoFE0tR_HtbZDeptVrlzFA4J7fM?width=4032&height=1908&cropmode=none
 
link 2 showing car not blocking entrance

https://dub01pap002files.storage.live.com/y4m9Ki5Q8x59e8SMqrT8Oe8HWuErHfsVo5P9KnpH3fBRUtFVjXI4Os-1Kh_dvgx_3WRoeZlXqdFFbqxnaU78GdcEyG807ujXWGdBXJAR-sTTwdU0KkTtmYHnhG9i686-1UUq6gQ0b5sOffue3852F8xEnaZaYmt1dRm3X17Jz6vlCV0I1I9TArUxOv8zAxLmjqa?width=4032&height=1908&cropmode=none

link3 claim letter

https://dub01pap002files.storage.live.com/y4mwf0dX-K-z7n9wzih_5vaZpSVF5qqLsocGaOWEowUdbGMBmEX9prg5dTyNrZ4blxHZ0vjRXrt2wZMaSUotTkuRiuXBjlf5xEXXOu9uaXV1AllIPIUN5TsOWdhfIaqycXto_-zDh80heUe5YPeuuXT25gAKcNbDeSio2XVDKUq4n4QdKO3fc0vMrZgAibR-UHs?width=1079&height=1603&cropmode=none

Coupon-mad

You just change 'I' to the Defendant and put that in as your facts.

And of course edit paragraph 2 but the Template Defence explains what to add to that.

aac83uk

edited for paragraph 3 

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

 

3. Defendant is a driving instructor.

Defendant drove into a very small private land to pick up a student. His flat is on the land. There was a car parked quite far back behind. As the defendant was waiting for the student to come down, a lady got out of the car and literally crept up behind the car (defendant could see her in the rear mirror she was trying to be out of view), then took out her phone and took a picture of the rear of the car. She then walks up to the driver window and says "you can’t park here darling".
Defendant became suspicious of the whole situation and without contending he responded okay and drove out.

Surprisingly the defendant received a parking charge notice though the post a few days later.

The defendant appealed against the first notice by post but did not receive any reply. Instead got the letter mentioning discount period over.

There were no signs stating no entry or no waiting.

(Is the above okay many thanks)