Court Claim Letter

[Markwendene7]

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.

[MIKE770]

ostell

[ostell]

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?

[Markwendene7]

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.

[ostell]

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.

[Markwendene7]

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"

[ostell]

So miss out the date

[Markwendene7]

So miss out the date

Sending off the two letters today, will update soon as I hear anything

[Markwendene7]

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.

[echat11]

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.

[ostell]

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

[Markwendene7]

Thanks, will send off the 2nd letter

[Markwendene7]

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?

[ostell]

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

[Markwendene7]

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?