Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #41

    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    bad idea,
    they werent taking you to court so you cant ask for the information.
    They werent likely to either but now you have show that your knowledge has some big holes in it they may be tempted to try their luck.

    They dont have to give you any notice either as you have basically invited the action.


    #
    Quote Originally Posted by Chimichanga View Post
    Thanks for that Ericsbrother and numnumnum.

    In the end we did write a second letter requesting all items which G's will be relying on in court. Just to show in court (if it gets that far) that all reasonable measures have been taken on our part. Since then everything has fallen silent. It's been approx 6 weeks since the last letter was sent to them.

    Is there anything we can do at this point to make this go away or do we just have to sit tight and wait for Gladys to decide what they're doing?

    Have been cautiously prepping defence whilst waiting.....



  2. #42
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    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    Alas 'Big holes' is an understatement. Doing the best I can and am ever grateful for everyone's help.

    Received claim yesterday. Am currently prepping defence. Completely out of depth here but refuse to give up.

    Thanks again.


  3. #43

    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    first of all post up their claim so we can see what they are saying is the cause for action.

    Also you need to acknowledge the service of the claim pronto online or by post) and get a CPR 31.14 request for documents sent off asap so they then do their usual and fail to respond before you have to sunbmit your skeleton defence.

    You can then use their stick to beat them by saying they havent shown locus standi and that may well get their claim booted out without a hearing


  4. #44
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    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    Phew. Thanks for not bailing on me, thought I'd blown it for a minute then!

    Great thanks. Have just drafted letter (CPR31.14) will post up asap same for claim formicon.

    RE MCOL...
    .have followed instructions on how to acknowledge service of claim...
    .but there's no defence box?

    I know I don't put anything in the box but I'm worried i'm doing this all wrong!
    Have created an account,
    entered all details,
    ticked the I intend to defend all of this claim..

    ..It then goes to the final page and asks for a tick in the 'I am the defendant' box, a tick in the 'I have read the guidance' box and a typed signature.

    Does that all sound right?


  5. #45

    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    https://www.consumeractiongroup.co.u...ed-Aug-2016***

    please complete the Above

    forget the forms use MCOL
    give us the details e need
    then we'll tell you the easy way to do it all

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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  6. #46
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    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    Thanks. Yes I'm using MCOL but the websites Acknowledgement of service looks different to what everyone describes....i.e theres no defence text box? so I was just trying to make sure I was doing the right thing.

    Here are the Particulars of Claim as appear on the form verbatim:

    The driver of the vehicle registration XXXXXX

    (the 'Vehicle') incurred the parking chargeicon(s) on xx/11/2017 for breaching the terms of parking on the land at Lawson Road Car Park Lawson Road Brigho
    The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle.

    AND THE CLAIMANT CLAIMS
    160 for parking chargesicon / Damages and
    indemnity costs if applicable, together with interest
    of x.xx pursuant to s69 of the
    County Courts Act 1984 at 8% pa, continuing to Judgement at 0.04 per day.

    The Claimant believes that the facts stated in this claim formare true and I am duly authorised by the claimant to sign this statement
    Signed

    Amount claimed 170
    Court Fee 25.00
    Legal Rapresentatives costs 50
    Total Amount 245


  7. #47

    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    .
    register as an individual
    note the long gateway number given
    then log in
    .
    select respond to a claim and select the start AOS box.
    .
    then using the details required from the claimformicon
    .
    defend all
    leave jurisdiction unticked.
    click thru to the end
    confirm and exit MCOL.
    .
    get a CPR 31:14icon request running to the solicitors
    .
    type your name ONLY

    no need to sign anything
    .
    you DO NOT await the return of paperwork.
    you MUST file a defenceicon regardless by day 33 from the date on the claimform.

    https://www.consumeractiongroup.co.u...ng-Court-Claim)

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
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  8. #48

    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    lets be clear about this,
    who are they suing,
    you or spouse and who is the keeper of the vehicle?

    Now if they are suing you and hubby was driving and named as the driver before they started legal action then they will lose their claim and have to start all over again.

    They cannot interchange roles or responsibilities so lay it out for us.
    They are suing the DRIVER according to their claim so that means they cant say ah well we only have keeper details and assume they are one and the same.

    Your opening post says WE and there is no we either.


  9. #49
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    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    Hey Ericsbrother

    I'm doing most of the leg work and research / reading hence the I's and we's etc.....apologies for confusion....for clarity:

    Driver is not and has not been named.
    Spouse is being sued.
    Spouse is Keeper of the vehicle.
    Spouse was not driving and can prove this.

    From what can be seen on the NtK, they are pursuing spouse 'assuming he was the driver of the vehicle'.
    As we understand it they can pursue the keeper if the NtK meets POFA (as you said) but they cannot pursue the keeper based on the assumption that the keeper was the driver as this is not in accordance with POFA.
    Does that make sense / sound about right?


  10. #50

    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    Their claim formicon states that they are suing him in his capacity as the driver.
    When he points out that he was not the driver at the time they have nowhere to go as they arent and cant sue the keeper.

    The defence should state that the defendant was not the driver at the time and thus the claimant has no cause for action against him.
    This should be point 1, anything else will depend upon this so continue with pouint 2 by saying "in any case"..... so it is clear that this point stands on its own


  11. #51
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    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    Thanks Ericsbrother will get on with that.


  12. #52

    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    goodo, keep it short for the moment, you can expand in detail when you have to submit witness statements about a fornight before the hearing.
    so major points ot conside.
    1 no cause for action ( suing wrng person)
    2 you do not believe they have authority to enter into contracts/make claims as they have failed to produce assignment of rights from landowner as part of CPR 31.14 request.
    3 no planning permission shown for signs and equipment as per CPR request so cannot enter into criminal compact with them.

    4 no contract offered or entered into by way of signage.
    5 the amount claimed is greater than that allowed under law, doesnt say whether it is a contractual sum or monies due as a result of a breach of contract so it is unclear as to how this sum was arrived at and thus the claim breaches CPR 16.4 and should be summarily dismissed.


    These are the usual and tend to be vague enough to allow you to add buckets full of detail later but give them anough to see that you have got them. You sometimes hear of court cases where the defence is " i only overstayed by a few minutes and this is unfair"and that is doomed to fail because it is an admission that the contract was breached.


  13. #53
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    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    Ha ha. Have spent today writing what looks like War and Peace compared to what you have suggested lol. Ok will whittle it down a bit and make it more of a summary.

    Thanks Ericsbrother.


  14. #54

    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    the more you say the more obvious the shortfalls in ones knowledge.

    If you give a full account now you cant raise anything else later
    so saying No CONTRACT covers just about everything

    whereas going into detail solely about the type of contract in Sproggett v Downdraught Ltd 1893 limits you to just that point.

    Post up what you intend to sedn so we can advise on an edit/change from first person to third person etc

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  15. #55
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    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    Understood. Perfect. Thank you. Will post up for review.


  16. #56

    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    1.2 how about using english and just say it is denied that any monies ore owed for any reason


    5 ....entered into AS THIS WOULD BE A CRIMINAL COMPACT
    6 give CPR number so 16.4 or whatever is most appropriate


  17. #57

    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    you are not writing your WS so simple and short is best
    the more you say the more that Gladdys will think that if they can apply enough bs then you will run out of willpower and give in.

    By keeping it short and simple they have no real idea of what you may throw at them when it comes to the hearing and they will have by them wasted a couple of hundred quid.

    At this stage you are trying to get them to just drop the matter before they have to commit to spending more money.
    They often do drop it once a defence is lodged as they know they have lost before using their cut and paste claim

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  18. #58
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    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    Ok that makes sense. Although reading on other formus it seems Gladys are akin to a dog with a bone. I'm guessing there will be no dropping the case but we live in hope!

    Thanks for that. He should file the defence around day 26/27 after the claim issue date?


  19. #59

    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    are you kidding? they are the worlds masters at dropping the claim at the last moment and then getting their backsides chewed for this


  20. #60
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    Default Re: HXCPM/Gladstones claimform ANPR PCN - Overstay Lawson Road Brighouse HD6 1NY

    Great news! Look forward to that


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