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stephenXL

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  1. The latest update: Been recovering from a minor motor accident. Claimant filed N180, which I have complied with sending my form N180 back to the Court be email this afternoon. The deadline being 4th June. A friend of mine has linking all the documents sent to me (as in post #24) He has copied everything together as one large editable Doc. What do I need to redact from this before I attempt to convert back to PDF? Thanks for your help as always stephen XL
  2. Hiyya, Can someone please post a link so that I can download and apply for any/all data, relating to me, held by a corporation/organisation. I have read the posts and advice from the librarian, but can't find any template to work with. Thanks stephen XL
  3. CPR31.14 A response has come back from solicitors via email. Along with a number of attachments. Which I now need to download and print off. Should I insist that they provide certified hard copies? I did not supply my email address on the CPR request. Are the Courts not obliged to hold my data securely? They are the only ones to be given it via MCOL Thanks stephen XL
  4. CPR31.14 Printed off and ready to go in the post, tomorrow morning recorded signed for delivery. Thanks again, will keep you up to date. stephen XL
  5. MCOL defence within deadline Onto CPR. Will keep you posted. Thanks stephen XL
  6. one quick point. do I put the vehicle registration into defence point 1. do I alter this to say I was the keeper ( I sold this car a good few months ago?
  7. Point taken dx. Usually try to be more manageable. I'v removed point 2 as you suggest, minding to re-number the rest accordingly. Here's the draft then 1. It is admitted that Defendant is the recorded keeper of [motor vehicle]. 2. It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract. 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 only contracted 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. The proper Claimant is the landowner. 4. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability. 5. 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. I will get the CPR off by post later today of first thing tomorrow. If this is ok I'll post in on MCOL before the 4pm deadline. Thanks for your help as always stephen XL
  8. 1. It is admitted that Defendant is the recorded keeper of [motor vehicle]. 2. It is denied that the Defendant parked in Mill View Hospital car park at the times mentioned in the Particulars of Claim the Defendant has no recollection of this. The Claimant is put to strict proof of the same. 3. It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract. 4. 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 only contracted 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. The proper Claimant is the landowner. 5. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability. 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." How does this look please? I have to post a defence by 4pm today. Thanks Stephen XL
  9. I have copied and pasted this then as suggested. Should this be woven into what I posted earlier /posts #12/13 ? 1. It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract. 2. 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 only contracted 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. The proper Claimant is the landowner. 3. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability. 4. The Claimant has inflated their claim to try to circumvent the small claims limit on legal fees and this is an abuse of process. Thanks stephen XL
  10. Edit point 2. 2. It is denied that the Defendant parked in Mill View Hospital car park at the times mentioned in the Particulars the Defendant has no recollection of this. The Claimant is put to strict proof of the same.
  11. 1. It is admitted that Defendant is the recorded keeper of [motor vehicle]. (Does the vehicle reg go onto the MCol submission?) 2. It is denied that the Defendant parked in Mill View Hospital car park at the times mentioned in the Particulars OR the Defendant is unable to admit or deny the precise times he was parked in Mill View Hospital car park as he has no recollection of this. The Claimant is put to strict proof of the same. 3. 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." I'm thinking that this is not quite enough. Should there be something about contractor and actual landowner?
  12. Ignored is the answer. No I do not have paperwork, only the claimform. I will do as you have suggested though. Get back with it asap. Thanks stephen XL
  13. My defence might read something along these lines. 1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXXXXX at Mill View Hospital Hove BN3 7HY I was never in attendance at Mill Veiw Hospital in Hove.(a Mental Health clinic and a completly seperate entity from set in its own grounds ) I was parked in a Disabled bay with badge displayed whilst attending an appointment at The Hove Polyclinic, Neville Avenue, Hove. 2. The PNC details are 01/05/2019 xxxxxxx Details on PNC(s) therefore incorrect 3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PNC(s). I require clear definition of what breach of the Terms on Cs signs took place. This to include demensions of any signage breached and measurements of postions of any signage (ie how far off the ground this signage (if any) had been placed. When, and for how long had any new signage(if any) had been properly installed. And found to be compliant on date of PCN(s) 4. The driver agreed to pay within 28 days but did not. Driver is liable as the driver or keeper. Despite requests, the PCN(s) outstanding. The Contract entitles C to damages. At no time or did I enter into a conversation/contract with any employee of One Parking Solutions Ltd so therefore did not agree to pay within 28 days. I know this probably needs tidying up Any thoughts or suggestions would be welcome. Thanks for any patience extended. stephen XL
  14. I have had to stay on the Isle of Sheppey for a few weeks as Tier 3 and then teir 4 restrictions went live. I have a small (non essential ) business there which opened three days before 1st lockdown in March 2020. Had to take every opportunity to attend to it whenever any restrictions were lifted. Did I pay enough attention to other matters? Probably not. Thats as honest as I can be. I am frustrated as much as anyone else.
  15. Not that I am aware of. No excuses but, Post has been erratic, I tested positive for Covid19 during January became really ill and still shaking it off.
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