First name missing from claim form - Other people living at house

[jambo]

Good morning,

A friend had a claim form from a private parking company. It is addressed to her first initial, then family name (example "D Smith").

Doesn't actually remember details, but therer's a chance she may have appealed it but not sure, as it's from 2021. There also a chance she chould have told then her brother was driving and he has the same initials & lives in the house.

Yes she is the registered keeper of the registration plate they have listed in the claim form, but it stated they are claiming from the keeper or the driver, plus the brother does drive the car.

Any ideas on whether this can be challenged, and how?

[des8]

If this is a genuine court claim it should be acknowledged immediately.
This will extend the time allowed to prepare a defence.
It has been sent to the keeper, and it is she who must defend the claim

A Subject Access Request should be sent to the parking company, and a CPR31.14 letter to the solicitors
(templates here;https://legalbeagles.org/library/gui...ccess-request/
https://legalbeagles.org/library/gui...-of-documents/

Do not identify the driver when communicating with these people.

I am surmising the solicitors involved are DCBLegal (whose template claims are always against the victim as keeper or driver) but perhaps a redacted copy of the claim form could be posted here.

[jambo]

If this is a genuine court claim it should be acknowledged immediately.
This will extend the time allowed to prepare a defence.
It has been sent to the keeper, and it is she who must defend the claim

A Subject Access Request should be sent to the parking company, and a CPR31.14 letter to the solicitors
(templates here;https://legalbeagles.org/library/gui...ccess-request/
https://legalbeagles.org/library/gui...-of-documents/

Do not identify the driver when communicating with these people.

I am surmising the solicitors involved are DCBLegal (whose template claims are always against the victim as keeper or driver) but perhaps a redacted copy of the claim form could be posted here.

Thank you.


The AOS has been filed just now on MCOL, they gave a reference on the paperwork.

The Issue date printed on the form was 17th Oct. Plus there's 5 days so we should just be in time.

Will now spend some time putting together a defense, and yes DCBL was the solicitors.


Now to get on with the SAR and a CPR31.14 letter.

[jambo]

des8 From what I read on CPR31.14 it is only relating to any documents that they have mentioned, which in the paticularrs are:

* "Parking charge issued to vehicle"
* in breach of the terms (contract)

So I will request the original Notice to Keeper & the contract they are relying on(signage).

Do you know if I can ask them to provide any other documrnts they are may rely on later, or only what has already been mentioned?


Also they are claiming £170 for Pcarking Charge & damages, but no mention of what the damages are..
Can I ask for a breakdown of what exactly what these damages are?

[des8]

You could also request a copy of the contract between parking operator and land occupier. That contract is the one that gives the operator authority to manage the car park.

They probably won't supply it, but you can ask

The damages they claim are probably covered by some small reference to "additional charges" in the very small writing on the signs.
No need to ask for the breakdown,
If the judge is supportive the very claiming of those charges can result in the whole claim failing.