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Court claim for private parking charge

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  • Court claim for private parking charge

    I have received a court claim for a private parking charge notification.
    I have filed an acknowledgment 7 days outside of the issue date. I understand the next step would be to send an SAR to parking company and a document to their legal representative.
    Is there a template or any further advice available for sending both of these please? Many thanks.
    Tags: None

  • #2


    SAR to parking company
    CPR31.14 to Legal representative

    templates in SHORTCUTS panel on right of this page
    They were designed for Consumer Credit cases and need modifying for your circumstances

    In the CPR request you will require copies of documentation they intend to rely on, in particular a copy of the contract between parking company and land owner/occupier and photos of relevant parking signs (the alleged contract between driver & parking company) and a copy of the notice to Keeper

    Do not identify the driver

    Comment


    • #3
      des8 Thank you. Am I to include this section on CPR?

      For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

      I’m not sure I understand this bit. Thanks!

      Comment


      • #4
        Also, do I need to include date I will file the defence? And then stick to that date?

        Comment


        • #5
          Originally posted by Amiac23 View Post
          des8 Thank you. Am I to include this section on CPR?

          For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

          I’m not sure I understand this bit. Thanks!
          That bit is for debt claims under the Consumer Credit Act and should not be included by you

          Comment


          • #6
            Originally posted by Amiac23 View Post
            Also, do I need to include date I will file the defence? And then stick to that date?
            No need to tell them when the defence will be filed.
            They will know it has to be within 35 days of issue date

            Comment


            • #7
              Des-8 tha m you so much. Just preparing both now. Do I need to list anything specific for the SAR? Or just put my name and address.

              Comment


              • #8
                Des-8 can the SAR and CPR31.14 both be emailed to receipients?

                Comment


                • #9
                  Just a heads-up, you’ve tagged a different person (Des-8), it should be des8

                  Comment


                  • #10
                    Amie Murphy
                    82 Hampton Road, London
                    E7 0NU

                    25/11/2024

                    National Parking Ltd
                    16 Tweed Road, Northampton,

                    NN5 5AJ


                    Dear Sirs,

                    Claim Number: L2GF4V0E

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

                    On 11/112024 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.

                    1. Contract
                    2. PCN


                    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





                    Amie Murphy


                    Comment


                    • #11

                      25/11/2024

                      National Parking Ltd
                      16 Tweed Road, Northampton,

                      NN5 5AJ


                      Dear Sirs,

                      Claim Number: L2GF4V0E

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

                      On 11/112024 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.

                      1. Contract
                      2. PCN


                      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





                      Amie Murphy


                      Comment


                      • #12
                        If they are not using a legal representative you only need send the CPR request.

                        In that request state:

                        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.
                        In particular I require
                        i) a copy of the contract between themselves and land owner/occupier
                        ii) photos of relevant parking signs (the alleged contract between driver & parking company)
                        iii)copy of the notice to Keeper
                        iv) any other documentation you intend to rely upon

                        Comment


                        • #13
                          Des-8 Hiya. Yes they are using legal representatives. Shall I send both as o have written above? Can I send by email?

                          Comment


                          • #14
                            you send cpr31.14 request to legal representative.

                            You send subject access request to parking company.

                            These are different requests with very different wordings

                            Comment

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                            SHORTCUTS


                            First Steps
                            Check dates
                            Income/Expenditure
                            Acknowledge Claim
                            CCA Request
                            CPR 31.14 Request
                            Subject Access Request Letter
                            Example Defence
                            Set Aside Application
                            Directions Questionnaire



                            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.




                            We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                            If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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