SIP Parking Fine / Faulty Pay Station

[P4blit0]

Re: SIP Parking Fine / Faulty Pay Station

Has the court claim been acknowledged?

Not yet charitynjw.
Acknowledging the claim is the next step but before I do this I wanted to know what the best way to proceed is.

[charitynjw]

Re: SIP Parking Fine / Faulty Pay Station

Acknowledge it anyway.
It gives you a bit more time to formulate a defence & you can always change your mind later if necessary.

[P4blit0]

Re: SIP Parking Fine / Faulty Pay Station

Acknowledge it anyway.
It gives you a bit more time to formulate a defence & you can always change your mind later if necessary.

Claim acknowledged.
Any ideas on how I should best formulate the defence?

The faulty meter surely must be a factor.
Also the fact that they claim my niece should have reported the fault even though this is not signed anywhere.

[charitynjw]

Re: SIP Parking Fine / Faulty Pay Station

It's probably a bit of a stretch to be blaming someone's mum!

The faulty mater surely must be a factor

Just joking!

[P4blit0]

Re: SIP Parking Fine / Faulty Pay Station

It's probably a bit of a stretch to be blaming someone's mum!

Just joking!

LOL


Any thoughts on how to best approach the claim?

[charitynjw]

Re: SIP Parking Fine / Faulty Pay Station

Firstly, as you've acknowledged the claim your deadline for submitting a defence is 33 days from the claim issue date. According to my math that is 18th Nov, which is a Saturday, so the next working day, Monday 20th is ok....4pm latest. But check my calcs.

You do need copies of the original windscreen PCN & the first postal Notice to Keeper.

If you haven't got them, we can ask for disclosure.
If you have any of them, post them up on here (Obscure personal/identifying details but leave all dates visible).

[P4blit0]

Re: SIP Parking Fine / Faulty Pay Station

Firstly, as you've acknowledged the claim your deadline for submitting a defence is 33 days from the claim issue date. According to my math that is 18th Nov, which is a Saturday, so the next working day, Monday 20th is ok....4pm latest. But check my calcs.

You do need copies of the original windscreen PCN & the first postal Notice to Keeper.

If you haven't got them, we can ask for disclosure.
If you have any of them, post them up on here (Obscure personal/identifying details but leave all dates visible).

We don't have either, PCN or the first postal Notice to Keeper.
As so long had passed with no contact my niece assumed they had just dropped this, she no longer has them.


This is all new to me, who do we ask for disclosure?

[charitynjw]

Re: SIP Parking Fine / Faulty Pay Station

You could ask for disclosure of evidence via Gladstones.

Or you could SAR the parking co....that requires a £10 fee, but they would have to send you all data held by them that can identify you. This has the advantage of them not knowing what you require or why you require it.
If you do this it might take up to 40 days, & therefore be outside your defence deadline.
So if it were me I'd send a copy (no fee, 'for information only') to Gladstones with a covering letter referring to the enclosed Subject Access Request sent to their client on (date), point out that should their client not be in a position to comply with it, would they require a further 28 day extension to the deadline for filing a defence per Civil Procedure Rules, & if so to confirm in writing.
If they do agree, you (Defendant) must notify the court.
If they do not agree (or ignore), your defence (original deadline applies) can show these facts.

[P4blit0]

Re: SIP Parking Fine / Faulty Pay Station

You could ask for disclosure of evidence via Gladstones.

Or you could SAR the parking co....that requires a £10 fee, but they would have to send you all data held by them that can identify you. This has the advantage of them not knowing what you require or why you require it.
If you do this it might take up to 40 days, & therefore be outside your defence deadline.
So if it were me I'd send a copy (no fee, 'for information only') to Gladstones with a covering letter referring to the enclosed Subject Access Request sent to their client on (date), point out that should their client not be in a position to comply with it, would they require a further 28 day extension to the deadline for filing a defence per Civil Procedure Rules, & if so to confirm in writing.
If they do agree, you (Defendant) must notify the court.
If they do not agree (or ignore), your defence (original deadline applies) can show these facts.

Wow! You rock charitynjw.
Your advice is most appreciated. I will proceed with SAR and let you know how I get on.

[P4blit0]

Re: SIP Parking Fine / Faulty Pay Station

You could ask for disclosure of evidence via Gladstones.

Or you could SAR the parking co....that requires a £10 fee, but they would have to send you all data held by them that can identify you. This has the advantage of them not knowing what you require or why you require it.
If you do this it might take up to 40 days, & therefore be outside your defence deadline.
So if it were me I'd send a copy (no fee, 'for information only') to Gladstones with a covering letter referring to the enclosed Subject Access Request sent to their client on (date), point out that should their client not be in a position to comply with it, would they require a further 28 day extension to the deadline for filing a defence per Civil Procedure Rules, & if so to confirm in writing.
If they do agree, you (Defendant) must notify the court.
If they do not agree (or ignore), your defence (original deadline applies) can show these facts.

I sent a copy of the SAR to Gladstone’s solicitors as suggested on the 26^th Oct(posted letter and email). Heard nothing back so far.
I need to start thinking about the defence next. Are there specific areas and steps I should focus on when putting this together?

Couple of additional questions I have at this point:
Given the details I have presented so far does my niece have a realistic chance of winning this claim?
Will she have to attend court in person?

Thanks

[charitynjw]

Re: SIP Parking Fine / Faulty Pay Station

The defence doesn't have to be in for a while yet, so no panic.

As things stand you have requested all documentation via a SAR.
You have also given them the opportunity to extend the defence deadline by a further 28 days if they need it.
All very reasonable.
If they don't respond before the original deadline, your defence will probably be based largely on their failings as regards the above. Certainly you should deny all of their claim....again a reasonable position to take absent any disclosed proof to substantiate the claim. You should also ask the court for the right to amend your defence if the Claimant should disclose after the deadline...at their (Claimant's) expense, of course. (IF they had provided proof in a timely manner, you would not need to make amendments.)

Without the disclosure of documents you have been substantially disadvantaged.

This may change if & when they pull their finger out & send some actual proof.
That is why it is best to leave filing a defence until closer to the deadline.

It would be better to appear in person for the hearing.
Gladstones are solicitors. If the hearing is decided on paper evidence only, you would be giving them a huge advantage.

[P4blit0]

Re: SIP Parking Fine / Faulty Pay Station

The defence doesn't have to be in for a while yet, so no panic.

As things stand you have requested all documentation via a SAR.
You have also given them the opportunity to extend the defence deadline by a further 28 days if they need it.
All very reasonable.
If they don't respond before the original deadline, your defence will probably be based largely on their failings as regards the above. Certainly you should deny all of their claim....again a reasonable position to take absent any disclosed proof to substantiate the claim. You should also ask the court for the right to amend your defence if the Claimant should disclose after the deadline...at their (Claimant's) expense, of course. (IF they had provided proof in a timely manner, you would not need to make amendments.)

Without the disclosure of documents you have been substantially disadvantaged.

This may change if & when they pull their finger out & send some actual proof.
That is why it is best to leave filing a defence until closer to the deadline.

It would be better to appear in person for the hearing.
Gladstones are solicitors. If the hearing is decided on paper evidence only, you would be giving them a huge advantage.

Thanks again for your help charitynjw.,I think I see how this needs to be played out now.
Still no response from the solicitors and I need to submit the defence this weekend
I have looked at the format on MCOL, it says “Please state your defence in a maximum of 122 lines”
Is there a specific format that should be followed here? Template maybe? Or do I just articulate the points from your previous post and attach(if there is an option) a copy of my letter to Gladstones?
Thanks

[ostell]

Re: SIP Parking Fine / Faulty Pay Station

You don't have to use the form, you can write your defence and create a PDF and email it to the court.

There is a format for a defence. Just search around for a template. Here's one I found but there are other. When I create documents for court I use 1.5 line spacing and have the case details, case number and document type in the header and page number in footer in the format of "Page x of n". Use numbered paragraphs for the body of the text.

[charitynjw]

Re: SIP Parking Fine / Faulty Pay Station

If you do send the defence to the court as an email attachment, put '[Claimant's full name per the court claim] v [you], Claim no XXXXXXXX - Defence' in the email subject box.

[P4blit0]

Re: SIP Parking Fine / Faulty Pay Station

If you do send the defence to the court as an email attachment, put '[Claimant's full name per the court claim] v [you], Claim no XXXXXXXX - Defence' in the email subject box.

Thanks ostell & charitynjw .
I see there are quite a number of different reasons on this template to deny the claim.

For the time being though, should I simply stick to the failure around disclosure of documents and that I have been substantially disadvantaged?
With the caveat of course that I am asking the court for the right to amend my defence if the claimant should disclose after the deadline.

Attched is what I have drafted so far.
Do I need to send any evidence of SAR request at this point?