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Karalius

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  1. Hello, Following the submission of my defence, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defence. It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
  2. Hi guys, I am about to file my defence via email as cannot log in to the claim anymore. Can you please advise if I can paste below and if it's good to go for now, or should I add anything else in? Thanks! The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Defendant is the recorded keeper of vehicle xxxx xxx. 2. It is denied that the Defendant entered into a contract with the Claimant - Parking Eye LTD. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.
  3. Hi, I've just got attached letter from DCBL. I guess they will be moving forward with the case. They seem to have acknowledged the CPR request. Let's see if they will provide it. DCBL 16-04-24.pdf
  4. Thank you. Should I wait and submit the defence the night before it's due i.e. 26th April due, and submit it on the 25th, or should I do it now?
  5. Hi and thanks. Would it be just as simple as below defence, or do I need to write up a witness statement along with this? The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Defendant is the recorded keeper of vehicle xxxx xxx. 2. It is denied that the Defendant entered into a contract with the Claimant - Parking Eye LTD. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.
  6. Good morning all, I just wanted to check if I should slowly start preparing the defence for this case? Thanks
  7. Good morning, Ethel. I haven't received any communication from them, neither via email nor post, since the last attempt to reach me by phone.
  8. Hi JK, Apologies for any confusion on my end. Just to clarify, do I need to send a copy of the Acknowledgment of Service (AOS) to DCBL as well? Thanks
  9. Hi Dx, I've managed to reach out to the money claims team. I may have inadvertently logged into the claims system yesterday but accidentally closed the browser afterwards. Unfortunately, the system only allows one login attempt with the provided code. They've recommended that I submit the Acknowledgment of Service (AOS) via email, attaching the filled-out form to the message. I'm just about to proceed with this, but I want to ensure that everything I've filled out is accurate. Would you mind reviewing it and giving me the go-ahead to send it off? Thanks a bunch AOS - 03-04-2024.pdf
  10. I will try again tomorrow, thanks. No, I have sent it first class and got a receipt of postage from the counter.
  11. Sorry DX.. I have sent CPR request off to solicitors just now. Been holding on the phone for almost an hour now to recover the claim password, not getting through to MCOL for some reason and cannot log in to acknowledge the claim... Should AOS via the form provided perhaps? If not I will keep trying until they close at 5pm today.
  12. Thank you. I'll review the thread and initiate the AOS process accordingly. I'm encountering some trouble logging into the claim portal. It keeps indicating that either the claim number or password is incorrect. Currently, I'm on hold with the court to resolve this issue. A quick query regarding the CPR request: Should it be directed to DCB Legal? If so, I'll ensure to dispatch it today. Appreciate your support.
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