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Court Claim Letter

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  • Court Claim Letter

    I received a court claim letter for unpaid parking charge from DCB legal via Highview parking, I am on moneyclaim to fill out the acknowlegement of service and just wanted advice. This is a charge dating back to 2017 for an overstay in one of their car parks. All correspondence ignored because they rejected the initial appeal. The reason time overran was because it was a bank holiday and the car park became gridlocked. So short of physically lifting up the car and carrying it out of the car park it was stuck. Highview said more time should be allowed to leave! so yes I will defend it.
    Last edited by Markwendene7; 29th November 2021, 15:12:PM.
    Tags: None

  • #2
    ostell

    Comment


    • #3
      They are claiming against the keeper of the car. You can't just change the defendant at will.

      Edit so that the identity of the driver cannot be inferred. Refer to the driver

      Have you got any documents?

      Comment


      • #4
        Originally posted by ostell View Post
        They are claiming against the keeper of the car. You can't just change the defendant at will.

        Edit so that the identity of the driver cannot be inferred. Refer to the driver

        Have you got any documents?
        I will refer to the driver in defence then. I was just unsure on stating I was the driver when I wasn't, trying to be honest as I can on the form. I don't have any documents sold that car 3 years ago.

        Comment


        • #5
          Edit your first post, they are known to read forums.

          It would probably be better as the non driving owner than as the driver.

          So SAR to the parking company
          CPR31.14 request to DCBL for all the documents they intend to use in court.

          Comment


          • #6
            Originally posted by ostell View Post
            Edit your first post, they are known to read forums.

            It would probably be better as the non driving owner than as the driver.

            So SAR to the parking company
            CPR31.14 request to DCBL for all the documents they intend to use in court.
            I have rephrased initial post now.

            I am filling in the SAR letter template

            which date should I add? "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 xx/xx/xxxx"
            Last edited by Markwendene7; 29th November 2021, 15:55:PM.

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            • #7
              So miss out the date

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              • #8
                Originally posted by ostell View Post
                So miss out the date
                Sending off the two letters today, will update soon as I hear anything

                Comment


                • #9
                  I received a response today to say they will not be providing me any evidence they have at this stage as CPR31.14 does not apply on the small claims track. In due course, the court will order both parties file and serve all evidence they intend to rely on. We confirm you will therefore receive all relevant evidence in advance of the hearing.

                  Comment


                  • #10
                    Originally posted by Markwendene7 View Post
                    I received a response today to say they will not be providing me any evidence they have at this stage as CPR31.14 does not apply on the small claims track. In due course, the court will order both parties file and serve all evidence they intend to rely on. We confirm you will therefore receive all relevant evidence in advance of the hearing.
                    Parking firm still need to respond to the SAR request. So you should get the info well before the Court order anything. Sounds like a good plan.

                    Comment


                    • #11
                      So send the second letter in that template. The case has not yet been allocated to track

                      Remember to inform the court of their unhelpful response in your defence

                      Comment


                      • #12
                        Thanks, will send off the 2nd letter

                        Comment


                        • #13
                          I sent the 2nd letter in the template off on the 7th December and I have not had any reply yet....should I send it again?

                          Comment


                          • #14
                            Yes and point out that they have been obstructive to the court

                            Comment


                            • #15
                              It was 29th November when I filled out the acknowledgement of service, so it has now been a month. Do I fill out the defence part yet?

                              Comment

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                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Witness Statements
                              Directions Questionnaire
                              Statute Barred Letter



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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