County court claim (Civil Enforcement Ltd)

[Leese7]

Hello everyone! I am seeking some advice about a county court claim from civil enforcement Ltd.
I have read so many conflicting theories, I am now very confused and would appreciate some legal facts on this!
The driver received a fine from a private car park in which they were parked in August 2019. The driver no longer has the original letter as they have since moved They did receive a final reminder at their new address but sadly, due to a divorce, they overlooked this letter. The driver now has a county court claim form.
On the day in question, the driver purchased a coffee from the coffee shop there and the cashier put the drivers' car registration into his computer and told them they didn't need to purchase a ticket in accordance with the car park policy. The driver can only assume the cashier typed the registration in wrong or some other clerical error occured.The driver is now being asked to pay £275.11 by December 14th.
The driver went back to the coffee shop but was told they couldn#t help me.
The driver has applied for Acknowlegement of services today to give them more time to defend their case.
Any advice on how to defend this would be greatly appreciated!

[ostell]

Edit so that the identity of the keeper cannot be inferred, use "the driver ......" etc.

acknowledge the claim. This gives you the lesser of 33 days from date of issue or 28 days from ack to get your defence to the court

letter to CEL, or the solicitor if they are using one, demanding copies of all the documents they intend to use in court in order to narrow the issues between you as expected by the courts. You expect them by return or in any case within 7 days.

Seperately a SAR to CEL demanding all the documents they have about you and your car

[Leese7]

Edit so that the identity of the keeper cannot be inferred, use "the driver ......" etc.

acknowledge the claim. This gives you the lesser of 33 days from date of issue or 28 days from ack to get your defence to the court

letter to CEL, or the solicitor if they are using one, demanding copies of all the documents they intend to use in court in order to narrow the issues between you as expected by the courts. You expect them by return or in any case within 7 days.

Seperately a SAR to CEL demanding all the documents they have about you and your car

Thank you so much, I will pass that on now! The driver has acknowledged the claim, but must now request the documents.
I really appreciate your help, this has the driver really worried!
Forgive my ignorance but what is a SAR?

[ostell]

SAR = Subkject Access Request In the Shortcuts panel on this page. And get editing!

[Leese7]

SAR = Subkject Access Request In the Shortcuts panel on this page. And get editing!

Thank you, edit done!
Is there a template for the letter demanding documents? Coouldnt find it on the short cuts? (sorry, new to this! )

[ostell]

Thank you, edit done!
Is there a template for the letter demanding documents? Coouldnt find it on the short cuts? (sorry, new to this! )

CPR 31.14 request in shortcuts

[Leese7]

CPR 31.14 request in shortcuts

Thank you so much, have sent both SAR and CPR off recorded delivery. Should I now begin the defence? Is there a guideline for this?
Many thanks

[ostell]

Yes start your defence. Have you tried Shortcuts again?

[Leese7]

Yes start your defence. Have you tried Shortcuts again?

There isnt a shortcut for this kind of defense? I am aware how important it is to use the appropriate jargon and I'm really at a loss here!

[ostell]

So the shortcut gives the general format required for a defence, you put your own facts in

[Leese7]

So the shortcut gives the general format required for a defence, you put your own facts in

Ah ok! Thank you so much, I really appreciate your help! Is a PCN regulated under the Consumer Credit Act 1974. ?

[Leese7]

Ah ok! Thank you so much, I really appreciate your help! Is a PCN regulated under the Consumer Credit Act 1974. ?

This is my defece draft, does it look correct ? Is there anything missing? Thanks again and sorry I have so many questions, this is all new to me!
1.The Defendant received the claim G7GM4C7X from the Northampton County Court Business Centre on 30/11/2020

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for a Parking charge for parking in a private carpark..

4.It is admitted that the Defendant, as Keeper of the vehicle in question [XXXXXX] accepts the vehicle was parked on the premises owned and operated by Civil Enforcement Ltd.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fail to state that under the Claimants terms and conditions, goods were purchased from one of the establishments included in The Claimants parking scheme. Whereupon the registration of The defendants vehicle was recorded by the vendor on 31/08/2019 at approximately 12.35pm. It is believed the vendor has submitted a wrong digit. This can be verified by checking The Claimants records.

7.[The Defendant contends the alleged debt is struck out by virtue of, the British Parking Association [BPA], requirement, that the charge is reduced to £20 if a wrong number plate is entered. There has been no offer of this from the parking operator at any time.

8.On the 11/12/2020 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to S. Wilson I requested the Claimant provide copies of the data about me and the afore-mentioned vehicle [ Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR)]

9. S. Wilson, nor Civil Enforcement Ltd have not sent any of these documents to the Defendant.

10. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

11.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

12. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

[Leese7]

Seeking some follow- up advice please.
I have had a response from my SAR & CEL, 50 days after they would have received my request.
Firstly is this in accordance with the time frame? (I thought they had 28 days to comply)
They have offered me a settlement of £150 and the offer remains for 14 days- is it best to accept this or should I counter-offer? If a counter offer is preferable, is there a template here I can use?
Many thanks.

[ostell]

Settlement of £150? they must be joking!

Can't really help as no one has had sight of the PCN

Why a counter offer? the driver complied with the requirements.

[Leese7]

Settlement of £150? they must be joking!

Can't really help as no one has had sight of the PCN

Why a counter offer? the driver complied with the requirements.

Thanks for your reply- how can I show you the pcn? I am at a loss as to what i do next- there doesn't seem to be any follow up procedure- any help with this would be gratefully received.
Also, is 50 days too long for them to reply to SAR? Many thanks.