Supporting my brothers court claim

overbudgetorunderfunded

Hi all,
As mentioned in another post my brother has a third claim now.
He lives in a shared ownership flat. 
He has an allocated space (not mentioned in his lease).

However, this claim is in relation to parking on a private road nearby.  
Claim by Gladstones on behalf of NPM National Parking Management.

I'm at work and don't have details. But his defence will be able to rely on: 
Different dates used on previous letters;
Street name appears incorrect
Right to peaceful enjoyment
and so far there has not been a photo shared.

My immediate question is therefore - is it too late for a subject access request for photos? we have two weeks to file a defence.

I will add for info that he has just had to pay for two claims to NPM (including 4 PCNs because he missed defence date - his own fault), and he doesn't want to risk a permanent CCJ. 

Many thanks

overbudgetorunderfunded

ps the street name is something we do not recognise and have been unable to locate - it is nothing like the street name outside his property.  We are in fact not what they are claiming as they have not produced photos either - surely still worth the SAR to let them know we will be asking about this in our defence (even if we don't have much time to enforce the SAR?)

B789

Apply for the SAR but it is not necessary for the Defence. You are responding to the PoC which, invariably, are inadequate and poorly stated. Assume you have no other information than what is in the PoC and defend against those allegatons.

Coupon-mad

When you can get details please tell us the date of issue of this claim form.

overbudgetorunderfunded

Thanks all.
We'll apply for the SAR.
The issue of this claim 16 May 2023.

Coupon-mad

Oh dear. Has he done the AOS (see NEWBIES thread)?

B789

Today is the last day to submit AoS within time using MCOL. If done in time, he would have up to 4pm on Monday 19th June to submit his defence.

overbudgetorunderfunded

Hi all -sorry to waste any of your time, we've had a few claims and all over the place.

He has completed AoS for this claim on MCOL - so we have until 16 June I believe. 
 
We have requested SAR today - mainly for photo's because none have been provided.

There have been several PCN prior to court claim and via range of debt recovery agencies including Trace, QDR, CCTP and ZZPS, and then Gladstones for court. National Parking Management is the claimant.

Discrepancy on dates - Trace have 18/9/18 for date of PCN and rest have 14/9/18.

The street address does appear valid (previously didn't recognise it). This street is further down the road from where he lives ie 1/2 mile (so the same stretch of road he lives on but after a roundabout where a new road name starts. He may have parked to go to the chinese takeaway or similar and I believe it is too far from his flat to claim residential/lease rights. Is this the case?

We will likely make defence based on:

1) lack of photo evidence;
2) The PCN and follow-up chase letters have used two different dates.

I assume therefore we will need a difference defence template to that used for residents?

Advice really appreciated?  

He is of course the registered owner and would have been the driver (no other drivers) so should he admit to this while still having no photo evidence - he can't remember parking there but certainly can't discount it.

Thanks 

KeithP

overbudgetorunderfunded said:

The issue of this claim 16 May 2023.

I know that you have already filed an Acknowledgment of Service, but if you hadn't yet done so it would be perfectly in order for that to be done at anytime up until 4pm tomorrow - Monday 5th June. If a calculated deadline is at a weekend or bank holiday, then that deadline is extended until 4pm on the next working day.

With a Claim Issue Date of 16th May, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 19th June 2023 to file your Defence.

That's over two 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'.