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UKPC/QDR claim form

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rdw_06
rdw_06 Posts: 47 Forumite
10 Posts First Anniversary Name Dropper
edited 9 June 2022 at 11:43AM in Parking tickets, fines & parking
Hi Guys,

It's me again with another query.  This query, is for a friend who requires help getting through this case.  Your valuable advice and fountain of knowledge would be very much appreciated to guide us through the process of actually going to court.  Please don't think it is me that is a serial parking offender, I promise you, I am not (back in the day I would pay every charge received, now I just read every sign, even if it means holding up traffic). 
 
So basically, long story short - the charge is for overstaying parking at McDonalds in March 2019.  They ignored the letters and they are now at the stage where they have received a claim form.  The claim form issue date is: 13/5/22.  They are not sure if they still have all the previous correspondence/letters etc.

Upon reading the 'NEWBIES THREAD' - do they apply for a SAR and respond to AoS.

a)  For the SAR - as they no longer own the vehicle what proof can be used instead.

b)  For the AoS - is this done via the MCoL website. 

Your advice again would be greatly appreciated.  Thank you in advance.
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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    With a Claim Issue Date of 13th May, the named defendant has until Wednesday 1st June 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, the named defendant has until 4pm on Wednesday 15th June 2022 to file a Defence.
    That's over three 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'.
  • rdw_06
    rdw_06 Posts: 47 Forumite
    10 Posts First Anniversary Name Dropper
    KeithP said:

    With a Claim Issue Date of 13th May, the named defendant has until Wednesday 1st June 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, the named defendant has until 4pm on Wednesday 15th June 2022 to file a Defence.
    That's over three 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'.
    Thank you very much KeithP for your quick response. 

    With regards to the SAR do we just use the template - requesting information they hold.  Does the SAR request need to be signed or do they just require ID in the form of a redacted bill etc? 
  • Trainerman
    Trainerman Posts: 1,329 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    For my SAR, i quoted the PCN and provided a redacted copy of the V5. Possibly send also a redacted utility bill. That should be enough
    The pen is mightier than the sword ..... and I have many pens.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 20 May 2022 at 4:13PM
    For my SAR, i quoted the PCN and provided a redacted copy of the V5. Possibly send also a redacted utility bill. That should be enough
    ... and a copy of the County Court Claim Form must be the ultimate proof. After all, it was the Claimant that sent it.   ;)
  • rdw_06
    rdw_06 Posts: 47 Forumite
    10 Posts First Anniversary Name Dropper
    For my SAR, i quoted the PCN and provided a redacted copy of the V5. Possibly send also a redacted utility bill. That should be enough
    Thank you very much for your quick response Trainerman - they no longer have the car, so not sure if the V5 would have been given to the new keeper.  If they still have it can this still be used as proof, even if the car is owned by someone else?
  • rdw_06
    rdw_06 Posts: 47 Forumite
    10 Posts First Anniversary Name Dropper
    KeithP said:
    For my SAR, i quoted the PCN and provided a redacted copy of the V5. Possibly send also a redacted utility bill. That should be enough
    ... and a copy of the County Court Claim Form must be the ultimate proof. After all, it was the Claimant that sent it.   ;)
    Even better KeithP - thanks for that  B)
  • Trainerman
    Trainerman Posts: 1,329 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Yup, I was just typing that . If you go with the idea from @KeithP and (say) a redacted utility bill, that should really be enough
    The pen is mightier than the sword ..... and I have many pens.
  • rdw_06
    rdw_06 Posts: 47 Forumite
    10 Posts First Anniversary Name Dropper
    Do we need to address the request as registered keeper or say (was RK?)  I am struggling to draft the email request.  I think I am having brain freeze. @Trainerman @KeithP?
  • Umkomaas
    Umkomaas Posts: 43,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    rdw_06 said:
    Do we need to address the request as registered keeper or say (was RK?)  I am struggling to draft the email request.  I think I am having brain freeze. @Trainerman @KeithP?
    Use the LegalBeagles Forum template linked via the NEWBIES FAQ Announcement, second post.  'Was the RK, vehicle now sold' is sufficient. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • rdw_06
    rdw_06 Posts: 47 Forumite
    10 Posts First Anniversary Name Dropper
    Umkomaas said:
    rdw_06 said:
    Do we need to address the request as registered keeper or say (was RK?)  I am struggling to draft the email request.  I think I am having brain freeze. @Trainerman @KeithP?
    Use the LegalBeagles Forum template linked via the NEWBIES FAQ Announcement, second post.  'Was the RK, vehicle now sold' is sufficient. 
    Thank you for your quick response Umkomaas, I clicked on the link, but it does not allow me to open the file, do I need to register with them to read it?
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