Help with CPR 31.14 ahead of county court

[Greenfern3]

I have just completed an AOS for a claim received by Gladstones on 14.12.20. I would like to send Gladstones a document request under CPR 31.14 but am uncertain which specific documents to ask for using the template. I'm also a bit uncertain about the final paragraph in the template regarding enclosing a copy of the credit agreement that has been posted to their client (Minster Baywatch)... can anyone please advise?

[Greenfern3]

Sorry, last photo was a bit small... this one is hopefully better

[MIKE770]

CPR 31.14 Request can only ask doe document mentioned in court papers at this stage

[Greenfern3]

Thanks. So that’s specifically only the contract as mentioned in the claim? Am I also able to ask Baywatch Minster for the credit agreement?

[MIKE770]

No credit agreement the contract is as per signn

[MIKE770]

ostell

[Greenfern3]

So if the contract is per signage, is it worth asking Gladstone’s to provide the terms and conditions of parking as mentioned in the claim? Also for documentation related to the extra contractual costs? Or will I just be referred to a sign that was not seen by the driver?

[MIKE770]

Await Ostell to pop in here

[Greenfern3]

Also to mention that I sent Minster Baywatch a SAR, they responded with pictures of the car but not of the signage.

[ostell]

You can ask for the PCN

Yes ask for details of the alleged signage from the solicitor.

The alleged contractual costs will be listed on the sign.

[Greenfern3]

Thanks for your response... your advice is a great help to a novice.
Just to check if this is all cricket before I send it off...
Dear Sirs,




Claim Number: G8GF0E7Y

Request for documents mentioned in a statement of case under CPR 31.14




On 17 December 2020 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 15 January 2020.


1. The Contract between Minster Baywatch and the landowner that assigns the right to enter into contracts with the public and make claims in their own name.
2. Proof of planning permission granted for signage etc under the Town and Country Planning Act 2007
3. Copies of the notice to driver, notice to keeper and any other correspondence from Minster Baywatch and Gladstones Solicitors to the defendant that they intend to rely upon in court.

4. The terms and conditions of the contract that pertains to the signage.




You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the original documents I have requested, you must be able to verify the document’s authenticity and to provide me with a legible copy.




Further, where I have requested a copy of a document, the original of which is now in possession of another person, you will have the right of possession of that document if you have mentioned it in your claim. You must take immediate steps to recover and preserve it for the purpose of this claim.




Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or there marking or feature, each version will be a separate document and you must provide a copy of each version to me. Your obligations extend to making a reasonable and proportionate search for any version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

[XMO]

Thanks for your response... your advice is a great help to a novice.
Just to check if this is all cricket before I send it off...
Dear Sirs,




Claim Number: G8GF0E7Y

Request for documents mentioned in a statement of case under CPR 31.14




On 17 December 2020 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 15 January 2020.


1. The Contract between Minster Baywatch and the landowner that assigns the right to enter into contracts with the public and make claims in their own name.
2. Proof of planning permission granted for signage etc under the Town and Country Planning Act 2007
3. Copies of the notice to driver, notice to keeper and any other correspondence from Minster Baywatch and Gladstones Solicitors to the defendant that they intend to rely upon in court.

4. The terms and conditions of the contract that pertains to the signage.




You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the original documents I have requested, you must be able to verify the document’s authenticity and to provide me with a legible copy.




Further, where I have requested a copy of a document, the original of which is now in possession of another person, you will have the right of possession of that document if you have mentioned it in your claim. You must take immediate steps to recover and preserve it for the purpose of this claim.




Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or there marking or feature, each version will be a separate document and you must provide a copy of each version to me. Your obligations extend to making a reasonable and proportionate search for any version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

Very interesting