County Court Claim from DCB Legal

[Mark44]

Received a claim? Yes/No: Yes
Issue Date: 10 Feb 2021
Have you Acknowledged the Claim?: Yes (11 Feb 2021
Total Amount Claimed : ( £250)
Claimant’s Name: First Parking LLP
Solicitors Firm: DCB Legal
Original Creditor: Not sure
Original Debt (eg. Credit card/Loan/Overdraft) :£60/£100
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
List any letters you have sent (eg: CCA/ CPR ): No
Any Other Information or Background Details:

The PCN was for an alleged contravention that occurred on 20/10/2019. The reason was "Parked on double yellow lines" I am the registered keeper but I was not the driver on the day and time of the contravention.

A letter of claim came in the post dated 08th January 2021 followed by the claims from (dated 10 Feb.2021)

I have attached a sanitised version of the claims form.

Any help with defending and throwing the claims out will be welcome

[MIKE770]

ostell

[ostell]

So post up the original PCN received suitably redacted but leave dates.

SAR to First Parking,
CPR 31.14 to solicitors requesting PCN, copies of the signs creating the contract at the time of the alleged breach, position of the signs, as the claimant appears not to be the landholder then a copy the contract that permit's the claimant to operate on the land, issue charges and take legal action for alleged breaches

acknowledge the claim using the details and password on the form 5 days after the issue date. This gives you 33 days from date of issue to get your claim int the court

[Mark44]

ostell

1. I have not got the original PCN

2. I have drafted the CPR 31.14. Can I attach it on here for you to help review please?

3. I have acknowledged the claim

4. Lastly, do I need to send a SAR to First Parking LLP

Thanks

[ostell]

Sorry SAR to First Parking

you now have 28 days from the acknowledgement date to get your defence to court. That's why I said 5 days.

yes post up here for critique

[Mark44]

Sorry SAR to First Parking

you now have 28 days from the acknowledgement date to get your defence to court. That's why I said 5 days.

yes post up here for critique

I have attached the SAR and CPR letters below for critique.

Thank you for your help.

[ostell]

Signage is not planning permission, it is advertising consent. I think that is inappropriate in a CRP request. I would take that one out.

1) Add in that the claimant appears unsure if he is owner of the land or managing and you require....

4) Images of the signage at the relevant date that are alleged to create a contract with the driver.


Forget about offering to pay, they can afford it.

SAR seems OK

First class post with a free certificate of posting from a post office.

[Mark44]

Signage is not planning permission, it is advertising consent. I think that is inappropriate in a CRP request. I would take that one out.

1) Add in that the claimant appears unsure if he is owner of the land or managing and you require....

4) Images of the signage at the relevant date that are alleged to create a contract with the driver.


Forget about offering to pay, they can afford it.

SAR seems OK

First class post with a free certificate of posting from a post office.

I have attached the revised CPR.

Is it ok to send both letters by email and post?

Thanks.

[ostell]

Yes, that's good

Send by both methods. email for speed and the post for proof that it was sent.

[pt2537]

your details are visible on the letter even though youve edited it

[Mark44]

[QUOTE=ostell;n1565611]Yes, that's good

Send by both methods. email for speed and the post for proof that it was sent.[/QU

I have sent the letters. Have you got a template I can use to prepare my defence please?

[Mark44]

your details are visible on the letter even though youve edited it

Thank you for bringing that to my attention. I didn't realise that they were.

[pt2537]

Thank you for bringing that to my attention. I didn't realise that they were.

They may not appear so, but i was able to read quite simply what was under the blued out area by coping it and pasting the entry into a blank word document

[ostell]

Defence template in the Shortcuts panel on this page. Not specifically for parking but the general form