Court Claim 3D Parking v Registered Keeper

[gollum]

Hi,

I'd very much appreciate some help with this if anyone could please assist?

I received a Court Claim from 3D Parking/BW Legal for 2 x alleged PCNs from 2019.

1.) The date of the alleged breaches and reference numbers of 2 PCNs are included but nothing more than that
2.) My surname is spelt incorrectly and the wrong salutation has been used
4.) I had 2 threat-o-matic letters from BW Legal in Aug & Sept and a 3rd 'Letter of Claim' in Oct
5.) After searching paperwork I find that another DCA had sent me 3 letters back in Apr & May 2019
6.) I sent a SAR to this DCA but never heard back from them
7.) Not one document received, including the POC on that Claim form, specify the location and nature of the breaches. They just give dates and PCN ref numbers. Similarly, all of the documents have the same incorrect name and salutation
8.) I'm quite sure I never received the original PCNs
9.) Given the lack of pertinent info I don't believe the 'Letter of Claim' from BW Legal constitutes a LBA
10.) I was the registered keeper but having checked what I was doing at the time don't believe I was the driver

I need to file an acknowledgment of service by Tues 15. Do I do that given that the name is wrong and if so do I provide my correct name in the box that asks for my 'name if different from that given on the claim form'? Also, do I simply just tick that I intend to defend all of the claim?

Should I SAR BW Legal and/or 3D Parking or is it too late?

Many thanks, Gollum

[gollum]

Further reading on my part has revealed that the misspelled name may be intentional to lure the Defendant into ignoring DCA letters and a Claim. Regardless, I understand that it makes little difference to the Court if the bulk of the Defendant's info is correct so I'll complete the AoS with my correct name.

[echat11]

ostell Can you please take a look and advise, many thanks.

[ostell]

So a SAR to 3D Parking and a CPR 31.14 request to BWL. As soon as possible.

Templates in the Shortcuts panel on this page.

What is the name on the V5 for the car?

[gollum]

Thanks ostell I'll get those request sent asap.

What is the name on the V5 for the car?

My name was on the V5 at the time (car now scrapped).
The POC says "The defendant is believed to be responsible for the vehicle at the time the breaches occured" so it appears they're attempting to sue the registered keeper.

Many thanks

[ostell]

They can claim from the keeper IF they comply with Schedule 4 of the Protection of Freedoms Act 2012.

but was your name CORRECT on the V5? Not that it matters too much.

Get those letters sent!

[gollum]

They can claim from the keeper IF they comply with Schedule 4 of the Protection of Freedoms Act 2012.

Ah OK I see. How would one know if they have been compliant or will that become apparent once I have all the info they hold on me?

but was your name CORRECT on the V5?

Yes, I'm pretty sure it was although I can't currently find the seller slip from the V5

Thank you

[ostell]

That's why you need the PCN

[gollum]

Gotcha.

Do I ask BW Legal for landowner details in the CPR 31.14? They include the statement "The land is privately owned and the Claimant operates and enforces a parking management scheme." in their POC.

Also, do I ask for a Notice of Assignment? Not entirely sure what this is tbh....would it be BW Legal's legal right to pursue me through the Court?

[ostell]

Forget notice of assignment, and CCA, that is just for debt cases, and given as an example. You can only request what has been mentioned in th PIC

As they have mentioned a landowner then ask and push for contract. You will probably be refused You are after the PCN and a copy of the signage that created the alleged contract

[gollum]

Understood. Thank you so much.
Hopefully no more questions from me now for a week or so.
Enjoy your weekend.

[gollum]

Hi again,

OK so I submitted my acknowledgment of service on the 14th. Deadline was the 15th.
Sent SAR to 3D Parking 1st class signed for but tracking reports that there is a redirection in place and doesn't show the destination and/or whether its been delivered yet.
Sent CRP 31.14 to BW Legal 1st class signed for. Tracking shows delivered and signed for on 16th Dec.

No response from either request yet. Shouldn't BW Legal have responded within 7 days?
I need to respond to the claim by Weds in theory but of course as it's Christmas and Mon & Tues are both bank holidays so should I expect some days of grace or just go ahead and respond? Either way I could really do with some help on how to compose my Defence if anyone could please assist with some pointers?

Many thanks, Gollum

[gollum]

Hi,

I appreciate it's Christmas and I'm really sorry to pester but I could really do with some pointers on how to construct a defence for this as it needs to be filed tomorrow.

I expected there to be a few days grace for Christmas but after searching for some time online for Christmas Court closure info, all I can find is that they're closed 27th & 28th but all deadlines remain the same.

Many thanks, Gollum

[echat11]

Hi,

I appreciate it's Christmas and I'm really sorry to pester but I could really do with some pointers on how to construct a defence for this as it needs to be filed tomorrow.

I expected there to be a few days grace for Christmas but after searching for some time online for Christmas Court closure info, all I can find is that they're closed 27th & 28th but all deadlines remain the same.

Many thanks, Gollum

This is an example defence for a Credit Card debt. You could use this as a template removing all the bits that relate to Consumer Credit Act. Use the 'bones' of the example defence to build your defence.

https://legalbeagles.info/library/gu...-court-claims/

This might help regards structure - https://legalbeagles.info/forums/for...r-for-pcn-help

[gollum]

Oh you star echat11 thank you so much. The other thread you linked to is very similar to mine so is incredibly useful. I'm fine from here I think but will post my Defence here ahead of filing it tomorrow.

Thanks again