SAR & County Court Business Centre Claim

StevieWuk

Hi

We received County Court Business Centre claim form today from Gladstones, on behalf of Euro Parking, for a parking offence back in November of last year.

I've followed all the great advice on here, specifically the MCOL and Acknowledgment of Service form. I believe this gives us 28/30 days to respond?

I've also submitted an SAR to Euro Parking, but I'm aware they have 30 days to respond. Where do I stand if they do not respond in time for me to be able to make use of the daya they provide?

Seems to me these firms can just delay their response until the last minute to make things harder, and I'm wonderinf if there is anything I can do on this front?

Is there any way to get an extension on the AOS deadline to allow time for a potentially late SAR response?

Thanks!

KeithP

StevieWuk said:

We received County Court Business Centre claim form today from Gladstones, on behalf of Euro Parking, for a parking offence back in November of last year.

I've followed all the great advice on here, specifically the MCOL and Acknowledgment of Service form. I believe this gives us 28/30 days to respond?

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

StevieWuk said:

I've also submitted an SAR to Euro Parking, but I'm aware they have 30 days to respond. Where do I stand if they do not respond in time for me to be able to make use of the daya they provide?

Is there any way to get an extension on the AOS deadline to allow time for a potentially late SAR response?

Their response to a SAR will be far more useful at Witness Statement time - some months down the road.

Even if you could get an extension to your Defence filing deadline the cost would be more than it's worth.

Coupon-mad

No you can't get an extension and don't need it.  The reply to your SAR is not needed really, until WS and evidence stage.

Hundreds of winning defences are written here perfectly happily every year about 'unremarkable' days and events that the Defendant knows nothing about and where the SAR reply has not come back.

We have people defending PCNs that happened six years ago that they have no clue about.  Perfectly do-able.

But presumably you know something about the event and PCN, as it was only a year ago.

StevieWuk

Issue date was the 8th & the AOS was filed today (welll, yesterday now) so the 9th.

Thank you both for your replies

One other question, if I may, just an opinion I'm after really. The fine relates to an extended stay on McD's car park. It was over 2 hrs as it was a kids bowling party next door (different car park) then food in Mac's after.

It was the evening and dark, and there were no lights on the parking signs so to all intents they weren't visible, so no way of knowing there was a limit, and that parking duration was even enforced.

Seems harsh to me - reckon that's something easily defended?

KeithP

StevieWuk said:

Issue date was the 8th & the AOS was filed today (welll, yesterday now) so the 9th.

Wow, that was amazingly quick.
Claim issued one day and posted the same day, then arrives with you the very next day.

With a Claim Issue Date of 8th November, and having filed an Acknowledgment of Service on 9th November, you have until 4pm on Wednesday 7th December 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

Coupon-mad

Are you sure it arrived in one day? Unheard of.

StevieWuk

Yes, defnitely the 8th.

It won't let me post an image or link but see here

https:// imgur.com/a/rPVlklZ

Umkomaas

StevieWuk said:

Yes, defnitely the 8th.

It won't let me post an image or link but see here

https:// imgur.com/a/rPVlklZ

Live link:
https://imgur.com/a/rPVlklZ

One other question, if I may, just an opinion I'm after really. The fine relates to an extended stay on McD's car park. It was over 2 hrs as it was a kids bowling party next door (different car park) then food in Mac's after.

It was the evening and dark, and there were no lights on the parking signs so to all intents they weren't visible, so no way of knowing there was a limit, and that parking duration was even enforced.

While I wouldn't be mentioning anything about using the McD's car park while visiting the off site bowling alley, unlit signs in the hours of darkness making it difficult/impossible to read/accept the contractual terms, is probably your most potent defence point. 

Inadequate signage is by far the strongest winning point in court cases, so go get photos in similar light conditions - obviously don't use flash so you can prove poor illumination, (but do get some with flash so you know what the wording actually says) - as you'll need them at WS stage. 

1505grandad

"....on behalf of Euro Parking,..."

Can you state the full name of the ppc please

StevieWuk

Thanks Umkomaas, will definitely get some images. This was almost a year ago, so hopefully they haven't put lighting up since, and if they have, I guess it's going to be impossible to prove there was none there before.

1505grandad I'm sorry, but what is 'ppc'?

Not_A_Hope

That would be the Private Parking Company!