Court claim for over 4 years old ticket,AOS deadline by 9th Nov,But misspelt surname

[lb2k]

I'm newbie to this forum and found invaluable advise to fight against unfair private parking ticket.

In a summary, received a court claim for a private parking ticket on my Mrs name as a registered keeper (and who was not the driver on the car in question at that time), issued on 26th October 2020, for a ticket over 4 years old!.

Can't recollect details of any NTK and have ignored usual debt letters, but finally received a court claim.

Now I understand that need to complete Acknowledgment of Service (AOS) on Money Claim Online (MCOL) website before 9th November deadline and noticed that Mrs surname in misspelt on the court claim form sent by representative solicitor agent of PPC (appears to be usual robo claim template!).

Should I mention this while completing AOS (if so how?) please or leave that and mention it in the defence statement. Any advise would be much appreciated please to act on time.

Many thanks in advance.

[ostell]

Is the name on the V5 also incorrect? Mention the error in your defence.

So letter to the solicitor demanding copies of all the items that they intend to use in court in order to reduce the differences between you, as expected by the courts. As they must have these documents to hand to raise the claim you expect them by return or in any case within 7 days.

SAR to parking company requesting all data that they hold about you and your VRM.

[lb2k]

Thank you Ostell for your prompt response on this, much appreciated. V5 name is correct.

BTW, sold this car last year early march, I hope this doesn't matters much regards to the claim as the ticket was in late march 2016, at that time we had the car on my Mrs name.

My Mrs got the fully automatic licence by end of 2016 and technically no way she would have driven the manual transmission car which is in question, I hope I can add this is defence statement.

Will request the SAR and solicitor for further details but in doubt whether they will respond before AOS deadline of 9th November (in order to get the default judgement!, in case of late AOS).

Should I go ahead and complete the AOS for now as is and explain mismatch of surname (just second letter misspelt in surname, should have been 'U' instead 'I') in defence statement. Please advise next steps.

Many thanks in advance.

[ostell]

SAR response is within 30 days, solicitor should respond, if not you mention lack of assistance in your defence. Not the driver is not a defence, POFA provides for keeper liability IF they get it correct. If they get it wrong then yes not the driver is useful

Query correct person to claim against in defence.

[ostell]

Complete AOS, nothing in defence. This gives 33 days from date of issue to get defence to court

[lb2k]

Complete AOS, nothing in defence. This gives 33 days from date of issue to get defence to court

Thank you very much indeed Ostell for a clear steer.

Just was on MCOL, AOS there is a 'Personal Details' section "Defendants full name (if different from that on the claim form)." - Is it worth mention the correct surname there or leave as is (not sure in case if this creates any confusion and hence default CCJ!) and complete AOS?

[ostell]

If it asks then complete it. But still complain in defence

[lb2k]

I did complete AOS last week on time and requested a SAR from PPC.

Please see the attached court claim form to this post.

Now thought of asking solicitor, further claim details as attached to this post. Can you please kindly review this for validity?
FurtherDetails requested from Solicitors.txt

[ostell]

So where is your request for the PCN.

[lb2k]

So where is your request for the PCN.

Many thanks for your wonderful support so far, much appreciated.

Sorry, I'm not sure what you are referring to, I don't have any other details of the PCN at the moment and yet to get details of PCN from solicitor.

Just sent a SAR to PPC, attached the court claim on post#8 and thought of requesting further details from solicitor as in the attached (FurtherDetails to be requested from Solicitors.txt) FurtherDetails to be requested from Solicitors.txt

OR should I send CPR 31.14 Request Letter - Please advise.

Many thanks in advance.

[ostell]

You request the PCN from the solicitor, as well as the rest

[lb2k]

You request the PCN from the solicitor, as well as the rest

Thank you Ostell.


Have received the following reply from litigation@bwlegal.co.uk.

"
Dear Sir

I write in reference to your email dated 10 November 2020.

The contravention occurred on 24 March 2016 (Contravention Date), where the vehicle bearing the registration XXXXXX (Vehicle) was parked on private land i.e – Private Parking Spaces At: xxxxxx Street, xxxxx, (Car Park) managed by our client UK Parking Patrol Office Limited.

As this matter is a claim on the small claims track, please note that CPR 31.14 and 13.5 do not apply in this case.

Therefore, there is no requirement to provide you with the documents you have requested at this stage and no requirement for inspection of any documents under CPR 31.1 which states the below:

(1) This part sets out rules about the disclosure and inspection of documents.
(2) This part applies to all claims except a claim on the small claims track.

Please be advised, any contract between our client and the landowner is commercially sensitive and shall only be produced if the matter progresses to a formal hearing at court.

Response to your points raised

1. Our client fails to see the relevance of who the landowner is in this matter, as they are not a party to these proceedings.
2. Our client is engaged by the landowner/the lawful occupier of the Car Park, and therefore authorised to manage and enforce the parking conditions displayed in the signage, issue PCNs and enforce them.
3. The Claimant’s claim is for breach of contract.
4. Our client offers a contractual licence to park for users who fully comply with the terms and conditions.
5. Our client has images of the signage displayed around the car park, this is in compliance with International Parking Community (IPC) code of practice.
6. Please be advised, in response to your comments regarding the images of the contravention, these have been requested from our client and will be sent to you in due course.
7. Breakdown of our costs are below:

PCN - £100.00
Contractual Costs - £60.00
Claim issue fee - £25.00
Fixed Costs - £50.00
Interest £33.50

As a claim has been issued on 26 October 2020 and deemed served 02 November 2020, if no contact is received in regards to the outstanding balance of £268.50, we will be at liberty to enter a County Court Judgment (CCJ) against you. In order to avoid this you can call us on 0113 323 1784 within 14 days from the date of this letter to set up an affordable payment arrangement which is suitable for you.

Alternatively, you can use our website www.bwlegal.co.uk to set up the arrangement. Our customer portal provides you with the functionality to speak to us by webchat, complete your income and expenditure or make a payment.

If you do not wish to set up a payment arrangement in regards to the above balance, please respond to the claim form accordingly which was deemed served on 02 November 2020.

We trust this is in order and look forward to hearing from you.

Yours Sincerely"

================================================== ================================================== ================

1. Can you please validate the Solicitor's response.

2. Should I insist to request further info as I'm not sure of "

As this matter is a claim on the small claims track, please note that CPR 31.14 and 13.5 do not apply in this case."

3. Is it too late to ask for Original NTD and NTK (or Await further image details from Solicitor as requedt to UK PPO)- Please advise?

4. Can I start preparing defence now and submit to

ccbcaq@justice.gov.uk before deadline (28 November 2020)?

Many thanks in advance.

[pt2537]

2 questions, would i be correct in assuming that the person subject to these proceedings was the keeper but not the driver?
the second question depends on the answer to the first.

[ostell]

A very quick response to BWL thanking them for their attempt to mislead but point out that the claim has not yet been allocated to track and CPR 31.4 and 31.5 still apply. You therefore want the information requested

[lb2k]

2 questions, would i be correct in assuming that the person subject to these proceedings was the keeper but not the driver?
the second question depends on the answer to the first.

Thank you very much indeed PT2537.

Yes, my Mrs is not the driver but as a registered keeper.