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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Joe916

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  1. Joe916
    Thanks for your help guys, but she's pretty much decided to pay them. I'm not happy about it, but not much I can do I guess. Is there any upside to paying it now? If we do nothing, will it just proceed on the papers, with no more intervention from us, and cost no more than if we pay it now?
  2. Joe916
    Also, if I can persuade her to proceed with the court for the moment, what are the consequences / possibility of withdrawing later?
  3. Joe916
    Wasn't sure if that was specifically if done 'on the papers'. Our costs are effectively fixed from here on in then, even if it goes to court?
  4. Joe916
    If I can persuade her, but they persist, what will we have lost? Will it cost more then? Can they add extra fees that we may have to pay?
  5. Joe916
    You advise I try & persuade her to sign, and continue as before then? I'll give it a go.
  6. Joe916
    Bad news guys. I've mostly been driving the fight against these con artists. My girlfriend would just have paid them up front to avoid the hassle. She's just been leaving it to me, as I hate the injustice of it all Unfortunately, as she's the registered keeper, I had to get her signature on the N180. She's in a pretty fragile state at the moment, as a close relative is seriously ill in hospital. She really doesn't want to bother with this, and doesn't want to attend court or sign the N180. She tried to pay it off earlier, but was too late to pay it today. She's planning on paying it Monday, which is also the deadline for the court to receive the N180. My last option is to allow the case to proceed 'on the papers', as she wouldn't have to attend court. Question is, is it worth it? Would we have any chance of winning, and would it cost any more if we lost? I'd be gutted to let these crooks win, but as I'm not the registered keeper, seems like it's out of my hands. Any thoughts? Thanks
  7. Joe916
    Thanks DX. When you say don't send them email/sig/phone, what is sig?
  8. Joe916
    I've now received an N180. From reading up, I reply No to mediation, 2 witnesses (I'd like to attend with my girlfriend (reg keeper)) Change court to my local one 3 copies 1 to the court, 1 to Gladstones (I don't bother sending to Millenium?) 1 for me. Cover letter to stress that I want an Oral hearing at my local county court, objecting to it being on the papers eg.: Dear Sir/Madam, Please find enclosed my completed N180 Directions Questionnaire as the defendant. I note that the claimant has requested a Special Direction for the case to be dealt with on the papers. I do not consent to this, and request an oral hearing at my local County Court. Furthermore, I believe the case should be dismissed under CPR3.4 on the basis that the claimant has failed to show any authority to enter in to contracts by way of their failure to produce such a contract, nor any evidence of planning consent for their signage under a CPR31.14 request. Failing that I request that the matter is heard in person at XXXXX County Court, as this is the most accessible County Court to me.
  9. Joe916
    I've now received a copy of a Directions Questionnaire, requesting the case be dealt with on the papers, without an oral hearing. They've also elected not to mediate. They've kindly offered to listen to any genuine payment proposals!! There's an N159 attached. Not sure if this is unusual, but there's no date entered by which I have to return it? Thanks
  10. Joe916
    Just had a look, but no way of editing it. I don't believe I could have edited it after submitting. It looks the same today as it did on Friday, just view only.
  11. Joe916
    Thanks EB. Already submitted though, as I was worried about the deadline. I did change it to CPR. Snail mail to Gladdy's & Millennium is it? Just a printed letter, or complete the Defence part of the Claim form?
  12. Joe916
    How's this? I'm trying to research more between child care, but just seen a claim where dx mentions submitting by 4pm! Do I need to do mine by 4pm? 1. There was no offer of a contract so there cannot be a breach, the signage at the site is prohibitive in nature so not a genuine offer of terms. 2. The driver did not agree to pay the PCN. 3. The Particulars of Claim are sparse, and do not state whether it is for money due as a contractual agreement or for breach of contract. 4. The Particulars of Claim fails to state in which capacity I’m being sued and I put it to strict proof for the claimant to show who was driving at the time. 5. The claimant has failed to produce any evidence of a contract with the landowner via a PR 31.14 request that assigns them the right to enter into contract with the public or to make civil claims in their own name. The defendant does not believe they have locus standi in this matter and so requests summary dismissal of the claim in its entirety. Thanks.
  13. Joe916
    Sorry if I've missed it dx, but what are the usual 2 or 3 lines? Thanks.
  14. Joe916
    Nothing yet received from Solicitor. Tomorrow (22nd) is my Date to Submit Defence. Should I wait for tomorrow's post before submitting? Post usually comes late morning. My defence so far - please amend as you see fit: 1. There was no offer of a contract so there cannot be a breach, the signage at the site is prohibitive in nature so not a genuine offer of terms. 2. The driver did not agree to pay the PCN. 3. The Particulars of Claim are sparse, and do not state whether it is for money due as a contractual agreement or for breach of contract. 4. The Particulars of Claim fails to state in which capacity I’m being sued. 5. I have not as yet received information requested from the claimants solicitors. I request leave to submit an amended defence once I have received a satisfactory response. Thanks all.
  15. Joe916
    So I should wait to receive a response from the solicitor, so long as I submit my defence by the 22nd? Thanks

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