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)


+ Reply to Thread
Results 1 to 8 of 8
  1. #1
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    dpac123 Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2009
    Posts : 390 (0.12 post per day)

    Default Horizon Parking Claim - my defence was struck out - what next?

    Horizon Parking issued a claim - my initial defence was that I had insufficient information from them to confirm or deny the claim and that I had sent them a Subject access requesticon.

    Got a reminder from the court about a more detailed defence, so using the SAR, I completed and filed the following defence:

    DEFENCE OF CLAIM BY ORDER OF DISTRICT JUDGE xxx DATED 20 JUNE 2018

    1. I have received a copy of the Subject Access Request from Horizon Parking Limited and the paperwork includes parking chargeicon notices and reminders from Horizon Parking Limited.

    2. I have not received any evidence of a contract between Horizon Parking Limited and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. In the absence of such proof, I would contend that Horizon Parking Limited have no authority to issue parking chargeicon notices.

    3. I have not received any proof of planning permission granted for signage, etc under the Town and Country Planning Act 2007, which puts into question any authority Horizon Parking Limited may have to issue or attempt to enforce parking charge notices.

    4. I have not received details of any damages and indemnity costs added to the claim, specifically, the date they were levied, the amount of the charges, a detailed financial breakdown of how the charges were calculated, and what the charges cover. This means that even if the Claimant could demonstrate their authority to issue a parking charge notice, the overall amounts being claimed would be in dispute.

    5. The signage in the car park is vague – it states: “Parking limited to 2.5 hours” but there is no mention of any penalties for exceeding this time limit.

    6. The signage states in small print at the bottom: “If the driver of the vehicle fails to adhere to the terms and conditions of parking, a parking charge notice will be issued.” There are no terms and conditions readily available despite my request from the Claimant.

    7. I contend that until such time as the Claimant discloses material which unequivocally justifies an entitlement to the sum of money claimed, it is impossible for the Claimant to show and for the Court to determine that money is owed to the Claimant.

    I believe that the facts stated in this defence are true.


    I thought this would be sufficient, but have just received a general order of judgement saying my defence has been struck out because it doesn't adhere to CPR 16.5

    I phoned the court and they couldn't advise, so I would like to know what options may be open to me:

    1. Can I appeal?
    2. Can I submit a revised defence
    3. Can I negotiate a payment plan with Horizon to prevent judgement being entered?
    4. Anything else?


  2. #2
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 117,894 (27.72 post per day)

    Default Re: Horizon Parking Claim - my defence was struck out - what next?

    and why didn't you atleast read here first rather than opening up all those cans of worms you have in the above defence?
    99% are for your Witness Statement, if the case ever gotten that far...


    its a simple 2 line defence that is CPR compliant.

    dx

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    1
    Following
    0

  3. #3
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    dpac123 Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2009
    Posts : 390 (0.12 post per day)

    Default Re: Horizon Parking Claim - my defence was struck out - what next?

    Bit late for that now - what can I do moving forward?


  4. #4
    Site Team dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk Highly authoritative dx100uk's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Dec 2006
    Posts : 117,894 (27.72 post per day)

    Default Re: Horizon Parking Claim - my defence was struck out - what next?

    did you sent CPR 31:14icon too

    you can appeal but chances are your outlay will be greater than the claim total?

    time for an n245 and vary the judgement me thinks

    shame you ran this alone as you've had such a good run with wins on here already..you should have been an expert at turning this around

    cant see what part an SARicon plays either...
    that only gives you data pertaining to you. its not a medium for requesting copies of contracts etc like the cPr is.

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
    Click Here To Make A Donation
    If you want advice on your thread please PM me a link to your thread
    my views are my own...seek legal advice if necessary
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by phone alert the siteteam
    DX RIP Martin3030
    Follows
    1
    Following
    0

  5. #5
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    dpac123 Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2009
    Posts : 390 (0.12 post per day)

    Default Re: Horizon Parking Claim - my defence was struck out - what next?

    Yes agreed - I should have come here first! I was so traumatised by the last claim and CCJ in 2015, I've tried to steer clear.

    Total claim is over £700 as it covers several parking notices, legal costs, etc - I'm hoping to avoid the CCJ and re-defend with a sensible defence - is this possible or do I need to accept the CCJ and pay up/send N245?


  6. #6
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 53,393 (13.35 post per day)

    Default Re: Horizon Parking Claim - my defence was struck out - what next?

    You cant use an N245 to vary a strike out of the defence...thats the judgment...you was given a second chance to make it CPR compliant...you lose.

    You can submit a N245 to vary your payment arrangements...if its a forthwith judgment.


    Andy

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0

  7. #7
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.
    dpac123 Novitiate



    Follow Real_CAG on Twitter
    Cagger since : Jul 2009
    Posts : 390 (0.12 post per day)

    Default Re: Horizon Parking Claim - my defence was struck out - what next?

    And if I can settle the full amount withinn 28 days, the CCJ is removed?

    It would be helpful to know what made my defence non-compliant for the future...


  8. #8
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Sep 2007
    Posts : 53,393 (13.35 post per day)

    Default Re: Horizon Parking Claim - my defence was struck out - what next?

    Yes...fully paid in 28 days no trace.

    Read CPR 16.5

    https://www.justice.gov.uk/courts/pr...es/part16#16.5

    We could do with some help from you

    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS



    If you want advice on your thread please PM me a link to your thread
    Follows
    0
    Following
    0


Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details