2 claims today,NO PREVIOUS CORRESPONDENCE, alleged breach of contract Private land parking in April 2017 ”at all material times the Defendant was the registered keeper and/or driver “car used by 4 family members, greatly appreciate advice, have spent hours on this forum and elsewhere.
2 claim forms for county court from VCS alleged parking violation almost 4 yrs ago
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So get yourself an ID so that you can respond and edit
So a CPR 31.14 request to the solicitor for the paperwork to be used in court ie PCN etc,
SAR to VCS for all the documents they have about you and the car.
Acknowledge the claims using the details and passwords on the form. You then have the lesser of 28 days from ack or 33 days from date of issue to get the defence to court
If there has been no notice received then they cannot transfer liability from the driver to the keeper. As it was such a long time ago you cannot possibly remember who was driving on an uneventful day and nondescript day so long ago
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Originally posted by ostell View PostSo get yourself an ID so that you can respond and edit
So a CPR 31.14 request to the solicitor for the paperwork to be used in court ie PCN etc,
SAR to VCS for all the documents they have about you and the car.
Acknowledge the claims using the details and passwords on the form. You then have the lesser of 28 days from ack or 33 days from date of issue to get the defence to court
If there has been no notice received then they cannot transfer liability from the driver to the keeper. As it was such a long time ago you cannot possibly remember who was driving on an uneventful day and nondescript day so long ago
i’ve set up an ID now.
All i have are claim forms with the options to reject part/all or accept. The only addresses are VCS and the county court business centre .
which solicitor should i make the CSR request to?
many thanks again
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Thanks all for your help so far, I’ve started to fill the CPR out however it’s not clear which documents I should i request VIA the CPR 31.14.? The particulars of claim are as follows :
the claim is for a breach of contract for breaching the terms and conditions set on private land. The defendant’s vehicle, xxxxxx, was identified in the xxxx apartments in the 17/04/2017 in breach of the advertised terms and conditions; namely parked without displaying a valid permit. At all material times the Defendant was the registered keeper and/or driver. The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. The claimant seeks the recovery of the parking charge notice , contractual costs and interest.
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So you can request details of the contract, ie the signs, all of them, that were present AT THE TIME, and a copy of the PCN. You could be pushy and ask for details of the contract that allows them to operate on land that is not their own.
- 1 thank
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Originally posted by ostell View PostSo you can request details of the contract, ie the signs, all of them, that were present AT THE TIME, and a copy of the PCN. You could be pushy and ask for details of the contract that allows them to operate on land that is not their own.
the request has the following phrase
”For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.”
does this mean i need to include a pound in the envelope? (Sorry to be dim...but its not clear of familiar)
also I’ve requested copy of the correspondence asking me if i was driving (because i have had zero communication prior to this claim)
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Hi I’ve sent the CPR 31.14 and the VCS and acknowledged the claim.
i presume i need to build the defence now, can anyone suggest how to do this?
my argument is that the first I’ve heard of these claims from 4 yrs ago is the claim form, at the time of the alleged offence 4 people were insured for the car , none can remember if they had a windscreen ticket that they didn’t action
many thanks
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