Claim Form from County court Business Centre

[runone]

Hi,

I received a claim form in the post about a parking contravention from 2019. I actually wasn't the driver at the time so I went on to bin the letters that i received, the person is now living abroad and i'm not actually in contact with them. I havent kept any of the letters that i received from DCB legal ltd,(debt collection) the contravention happened in a UKPC car park i havent even seen photos of this as when i received the following letters i went on to bin them. Not actually thinking that four years later they would send a claim form from the county court. I am planning on defending this, so wasn't sure if the defence that i wast the driver is applicable or if i need to start from the top i.e requesting pictures and that the offence actually took place.

what should i do ?

[atticus]

The point is that the registered keeper of the vehicle can be sued if the conditions in Schedule 4 of the Protection of Freedoms Act 2014 have all been met.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

As you have not retained any correspondence you will need to send a Subject Access Request and a request for documents under rule 31.14 of the Civil Procedure Rules. Examples of both are linked to on this page.

Do not forget to acknowledge service and put in your defence.

[runone]

As i need to respond to the court within 14 days for a defence, should i let them know (and how) that i am now requesting all the documents (SAR) that were sent to me (including photographs of the contravention) and would i send the SAR to DCB or UKPC

[runone]

is there an example or a SAR request and a request for documents that i could send to PCN, assuming i would need to do this as soon as possible in one email to them

[MIKE770]

Subject Access Request Letter

CPR 31.14 Request not to court to solicitors

[runone]

Is there another form to request documents under rule 31.14 which i can send to the county court

[runone]

point to note - my parking offence was in Scotland at the time the vehicle would have been registered to an address up there, however i have now moved to england, and the letter of claim was sent to my address in England. Should i contest jurisdiction while doing the acknowledgement of service ?

[runone]

this is what i have for CPR 31.14 letter, which I'm going to send. does it sound fine ?

____________________

On 23/04/2023 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, I require inspection of documents you mention in your statement of case ahead of filing my defence on 1**/**/**

1.Contract

2.Evidence of agreement to pay

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request, you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

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, 27/02/2023.

Yours sincerely

[runone]

does my letter above look okay to send ?