County Court Claim form from Britannia Parking Group for Private carpark PCN (HELP)

[logies]

Received the attached County Court Claim form from Britannia Parking Group.

Could I get some advice on what I can do to stop further action.

My wife was shopping during the first lockdown in the Orpington Retail Park.

As you can imagine the queues were mammoth and the shop took longer than usual.

[ostell]

You can't stop it, it will progress on.

Edit your post so that the identity of the driver cannot be inferred and edit your attachment to remove identifying detail and remove the password.

Using the details and password on the form acknowledge the claim but don't put anything in the defence. This gives you 33 days from the issue date to get your defence to the court.

If you have no paperwork then a CPR 31.14 request to BWL. You require a copy of the PCN and a copy of the signage of the signs that created the alleged contract. As their client does not appear to be the landholder you require a copy of the contract that allows their client to operate, charge and take legal action on the land

A SAR to Brittania to get all the documents about you and your car.

[logies]

Thanks for you reply.

I haven't any paperwork so will complete a CPR 31.14 as you suggest to BWL.

Excuse my ignorance but what is a SAR? is it Subject Access Request Letter

[ostell]

SAR Subject Access Request

templates for both in the Shortcuts panel on this page

[logies]

on the CPR 31.14 what date do i insert for defence?

also what should i be listing yhe"particulars of the claim?


Request for documents mentioned in a statement of case under CPR 31.14
On 12/2/2021 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx.
NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE

[ostell]

You are only supposed to ask for documents mentioned in the particulars of claim, what I suggested

[logies]

so

In respect of a penalty charge notice (PCN) for contractional breach which occurred on 12/5/2020 in the private carpark/land at Orpington -Orpington Retail park BR5 3SR

[ostell]

It is not a PENALTY.
ask for what I suggested

[logies]

Received this today from Britannia Parking

[ostell]

So have you got the CPR request ba k

[logies]

The CPR has not been received back as yet.

How long should I hold fire?

[ostell]

Prod them, they should respond within 7 days.

Do not miss the court timings to get your defence to the court. If you haven't got the documents then say so in your defence

[logies]

this arrived today.

[logies]

should be 11 attachments over 2 posts

[ostell]

So no PCN