County Court Claim Form Received

[Arthur Dent]

Can someone advise me as I've received a form N1SDT from Northampton County Court for overstaying in a free car park on 3 occasions. I intend to dispute this and would appreciate some help.

[ostell]

So post up the Notices to Keeper that you have received, redacting identifying details. Do not infer who was driving.

acknowledge the claim online using the details on the form. Leave the defence blank, not a thing. This gives you 33 days from the date of issue to get a defence to the court

[Arthur Dent]

Court warning.pdf

I've acknowledged the claim online and attached a copy of the letter received yesterday. I tried uploading pictures of the signs in the car park but they are too big.

[ostell]

Upload the pictures to a free hosting site and post the link here. I wouldn't recommend PhotoBucket

[Arthur Dent]

https://www.dropbox.com/s/g8ch9ya4w6...01.53.jpg?dl=0
https://www.dropbox.com/s/u4cr8yhhdl...01.43.jpg?dl=0
https://www.dropbox.com/s/0xou8ochke...58.19.jpg?dl=0

[ostell]

Have you got the original PCNs sent to you?

Email to the DVLA asking who requested your details from the date of the first alleged breach to 28 days after the last alleged breach. This should be free.

Have you complained to the shop, as a regular customer, and ask that the charge be cancelled? It can be cancelled at the request of the principal, the coop, even though court proceedings have started.

Looks like they do not know who the driver was and seem to be chasing the keeper. The notice says there may be additional charges, not will be additional charges therefore uncertainty therefore no contract for these extra charge. Anyway as the keeper you are only liable for the initial PCN cost, the due amount the day before the PCN was issued.

[Arthur Dent]

Unfortunately none of the PCNs have been retained.

Is there a set format to request the info from the DVLA as I've looked at their site and they seem to only give information about a keeper on receipt of a fee; there doesn't seem to be anything about how to find out who has requested your details. I note your comment that this service should be free.

I've not been into the Co-op yet to ask.

Nor can I say who was driving as the vehicle is used by multiple family members

[ostell]

There is an email address at the DVLA where you, as the RK can request details for free. You have, of course, to give name and address as well to identify youself. I can't remember the address of the top of my head but look at the pepipoo private parking forums.

[Arthur Dent]

I've emailed the DVLA but no response as yet.

[Arthur Dent]

I've now received the response from the DVLA and all 3 requests were made after 28 days from the respective dates of each event

[Arthur Dent]

I have responded with a defence statement as below. Also I have looked at the signs and there is nothing to say that a person is not allowed to return to the car park after the 2 hour free period. Normally signage has wording similar to "no return within one hour". Defence

The particulars of claim does not provide any evidence of a
breach. It contains dates and a vehicle registration number. To
prepare a defence appropriately the details of the allegation must
be made known to the defendant.
What are the breaches alleged?
Who is making the allegations?
When did the breaches allege to have occurred?

[Arthur Dent]

I have now received a CCJ issued on the same day as I submitted my defence. I have asked the court to set aside the judgment on the grounds that I am have ing building work done on my house and am temporarily staying elsewhere, and there was the Easter bank holidays. Both of these contributed to my mail being delayed and I responded as quickly as possible.

[ostell]

You were aware that the claim had been made as the claim was acknowledged and you were therefore aware that the defence had to be submitted within 33 days of issue date. It has nothing to do with your building work nor mail being delayed. I think you will have difficulty with a set aside.

That was not really a defence. The form did state the breach of Max Stay. If you get a hearing for a set aside post up a your defence for critique

However, you state that the requests to the DVLA were made 28 days after the alleged incidents. Was there windscreen tickets?

[Arthur Dent]

I'm not sure if there were windscreen tickets or not but probably were. The form states there was a breach of max stay but there are no times to show tome of arrival or departure to prove the time was exceeded. Neither does the signage give details of whether a person may or may not return. The car park is not monitored and during that period we made multiple trips to the car park so the car may have been parked there in the morning and afternoon but not necessarily continuously. As the form, etc has been issued to my wife it will be in her name. Can I represent her as a McKenzie friend?

[Arthur Dent]

Got a date for the hearing on 5 June for CCJ to be set aside.