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Court claim for parking violation from 2016
Lordash
post Tue, 30 Nov 2021 - 06:49
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Hi all,

Yesterday I received a "Claim Form" sent to my old address for an alleged parking violation that occurred sligltly over five years ago. This was allegedly for overstaying parking in a motorway services car park.

Noting that this was alleged to have happened five years ago, is there any way to drag this out / delay the process so as to cause this to become statute barred (6 years)?

Thanks in advance.

This post has been edited by Lordash: Tue, 30 Nov 2021 - 06:51
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The Rookie
post Tue, 30 Nov 2021 - 07:37
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No, if you have the claim form then the 6 year time limit has been complied with, when the hearing occurs is now irrelevant. Unless you live in Scotland or the parking was in Scotland (which I very much doubt!).

Do you have the related documentation still? If not you need an IMMEDIATE Subject Access Request to the parking company.

You also need an IMMEDIATE CPR request to the solicitors (internal or external) for copies of the documents you intend to rely on.

Did you ever contact them when you got the original notice?

Did you get (and ignore?) a 'Letter Before (or OF) Claim'?

What is the date on the claim form?


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Lordash
post Tue, 30 Nov 2021 - 07:50
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Thanks for the advice. To answer your questions:

QUOTE (The Rookie @ Tue, 30 Nov 2021 - 07:37) *
No, if you have the claim form then the 6 year time limit has been complied with, when the hearing occurs is now irrelevant. Unless you live in Scotland or the parking was in Scotland (which I very much doubt!).


You are correct, I don't live in Scotland and the alleged violation did not happen there.

QUOTE (The Rookie @ Tue, 30 Nov 2021 - 07:37) *
Do you have the related documentation still? If not you need an IMMEDIATE Subject Access Request to the parking company.

You also need an IMMEDIATE CPR request to the solicitors (internal or external) for copies of the documents you intend to rely on.

Did you ever contact them when you got the original notice?


I don't have any of the original documentation. A lot of it would have probably been sent to addresses I no longer live at. I will send off the request for copies. Will this be an issue with regards to timing? I believe I have 28 days to prepare my defence, whereas GDPR has a time limit of 40 days if I remember correctly.

QUOTE (The Rookie @ Tue, 30 Nov 2021 - 07:37) *
Did you get (and ignore?) a 'Letter Before (or OF) Claim'?


Quite possibly, although I wouldn't have received it. They have been sending paperwork to my old address (including the claim form). I only obtained the claim form through chance. I don't have any other correspondence from them (except maybe some letters from around when the alleged violations happened, but that was so long ago I don't remember, and I don't have copies.)

QUOTE (The Rookie @ Tue, 30 Nov 2021 - 07:37) *
What is the date on the claim form?


25/11/2021

This post has been edited by Lordash: Tue, 30 Nov 2021 - 07:53
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nosferatu1001
post Tue, 30 Nov 2021 - 09:08
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1) you have 28 days from date of service, if you file the acknowledgement of service with the cccbc using mcol. You do this TODAY. This will give you a total of 33 days from issue date, as they allow 5 days for service
2) gdpr is 30 days, but you obviously don't need evidence yet. As you know, because you've done some searching (hint) on this forum, a defence does NOT contain any evidence. That comes months later.
3) how long ago did you move from that address, and are you "there to be found" at your current address, ie on bills etc? How many addresses have you moved between in the intervening years?

MSE forum
Newbies thread
Post two.

Google it. Tells you how to get through the entire courts process. All of it. Read and bookmark it. Also read and use the template defence. Keep YOUR additions short - that it was a motorway service station x years ago, you don't have any documents as they keep sending them to old addresses and in fact you only obtained this claim form in time by chance, having moved x amount of time previous and despite you being on bills at current address the claimant has failed to serve the claim form correctly. Couple lines max.


Why did the vehicle overstay? Unless you allege it didn't, don't use allegedly all the time. Admit what you can safely admit, and nothing else. If you weren't the driver, or CANT REMEMBER who the driver was, state so. Depending on the ppc - which you haven't told us - they may not have engaged keeper liability in 2016
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The Rookie
post Tue, 30 Nov 2021 - 09:34
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Yes you will have an issue with timing, but you explain in your defence and you should be able to sneak in additional items in your evidence. It's still critical to get as much as possible as soon as possible.

include 2 proofs of address with the SAR.

You also need to be sure the court and the claimants solicitor have the correct address!

This post has been edited by The Rookie: Tue, 30 Nov 2021 - 09:34


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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