Claim PCN

[charitynjw]

Your post #4.....what is the date of sending? (top of notice, but redacted.)

[Da123]

Date of this notice: 27th Nov 15
Date of contravention: 30 Oct 15

Is what it states on the parking charge notice received via post.

however on the second page of the document it does contain a parking charge notice payment slip which states date/time of issue as 30/10/2015.

[charitynjw]

Ok

First point
Postal PCN sent 27/11/2015.
So the earliest you are deemed to have received it is 1st December 2015 (2 working days - so weekends don't count)

Time limits for sending out postal notices will depend on whether or not a windscreen PCN was issued.
(Just because you didn't find one on the vehicle doesn't mean that one wasn't issued.....it could have magically 'disappeared')

So you need to get hold of all the data which they hold.
Easily done with either a DSAR via the GDPR
https://ico.org.uk/your-data-matters...ght-of-access/
or a Civil Procedure Rule 31.14 request for disclosure of evidence.
https://legalbeagles.info/library/gu...-of-documents/

Both are free of charge.....if it were me I'd send both in the same envelope.

If sending via land mail, get proof of postage.

Let me check re sending emails.....I'll be back!

[charitynjw]

Ok, so BWL

Strictly speaking, service of notices to a solicitor via email needs their consent to do so. (Although you've already been in contact with them via email, it wasn't to serve official court notices/documents.)

Fire an email to them & ask for consent to serve documents via email.

CPR PD 6A.4
https://www.justice.gov.uk/courts/pr...pd_part06a#4.1

Alternatively send by land mail, keep copies & send SignedFor (tracked) post.

[Da123]

CPR PD 6A.4.1(1)
said that if they have given consent to use email then I may, see attached extract from their initial communication, is this enough to confirm consent to use email?

[charitynjw]

Possibly, but if it were me I'd fire off another email & get definite consent.

[Da123]

Ok i'll email them now.

...also should I acknowledge the claim using the details and password on the form, and put nothing in the defence? Re OSTELL advice earlier in this thread.

[charitynjw]

Defend in full for now.

You can always change your position later (ie when/if you file a defence.)

But i don't think you'll have to!

Are you acknowledging via MCOL?

Btw....Refer post #1 (letter)...you have expressly disallowed service of documents by email.
It might be wise to undo this.

[Da123]

It seems I can either respond online via logging onto www.moneyclaim.gov.uk or complete the defence form they have sent me, which is the better option, does it make much difference?
they have also included an 'acknowledgement of service section' indicating that if I complete this section I will get 28 days to prepare my defence rather than 14. Should this be completed too?

quite confusing this stuff.

[charitynjw]

If via MCOL (a convenient way of filing documents), you won't need to put any references. That happens automatically.

Remember to take a note of your passwords & keep safe.

Because the claim is issued via MCOL, you have 33 days max from claim issue date to file a defence (5 days are allowed for service of the N1)
https://legalbeagles.info/library/gu...ledge-a-claim/

[charitynjw]

Btw, another court case to show that the driver is not an agent of the keeper.
( As they erroneously state CPS v AJH)

[charitynjw]

Ok I've been trying to work out time limits based on assumptions, but that is dangerous (Ass/u/me )

So we really do need the hard copy evidence.

SAR & CPR 31.14 the sols asap.

Ask for all data inc the machine data mentioned in post # 1
(I must confess that I haven't the foggiest what a POT machine is.....google has shown me some splendid coffee pots, though!)

The site signage is not personal data, so leave it out of the SAR, but put in the CPR 31.

If PCN was issued by post only, it's out of time.

To be sure of time windows re windscreen/postal PCNs, we need sight of the evidence. (It is very close as to whether it's correct or not.)

If you then don't receive anything from them by the time you have to file a defence, lack of disclosure will form a large part of your defence.

But we can deal with that later (nearer the defence deadline,)

Keep a careful eye on deadline dates.....courts do not like tardiness!

Let us know what the sols reply re consent to serve.

[Da123]

Completed acknowledgment of service online and ticked that I intend to defend all of this claim. Have not started the response form for start defence. Presumably wait until they have responded to The SAR and CPR 31.
Thanks for the help so far btw

[charitynjw]

Good stuff!

Yes, all you can do is sit on your hands & wait for a response....maybe do some net-surfing to see if there is anything useful to your case..

As stated above, if they haven't responded to the 2 letters closer to the defence date, we can start preparing a 'no response to requests' defence.

Don't hold your breath re a response to the 31.14. Some do respond, others don't bother.
Because the case will be allocated to Small Claims, they seem to get away with ignoring the request.
(But the court will direct them to send you their evidence closer to the actual court hearing.

But the SAR is a statutory obligation....they must respond within 30 days.

If you can, any chance of taking some pics of the car park signs? (If they are still there, that is.)
If not, no biggie.

*Reminder....Let us know what the sols reply re consent to serve.

[Da123]

I think the car park has been regenerated somewhat since I lived in the area, I live in Bristol now and car park is in Essex. It was a bit of a run down semi gravel car park from my memory. See images from Google maps now.