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whittymags

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  1. Apologies for not replying sooner, we went away for a couple of days and because we were in the "sticks", internet was ropey to say the least. The date of the PCN was 5th April and the time is stated on the PCN. My husband was meeting friends and he did spend money on a meal. I will dig out his bank statement to see if payment was on there. However, I have phoned and emailed Watch Systems who manage the site. I sent them an email at the beginning of December asking them to "call off the dogs" before it went to court, I didn't word it like that though, it was more polite but they have not responded. @FTMDave - Thanks for reading and giving thumbs up to DQ. It has all been sent now, I await the next chapter ........
  2. Hi. I have now received Notice of Proposed Allocation to the Small Claims Track and I have until 16 February to complete. This is how I intend to answer Form N180: A1: No to mediation C1: (Small claim track appropriate) Yes D1: (Suitability for determination without a hearing) No E2: (Expert witness) No E3: 1 witness (including husband) E4: Yes (I will give dates of husband's planned chemotherapy treatments. He is awaiting a date for a MRI scan in April and also mention that he is awaiting a date for surgery this year (dependent on results of chemotherapy and MRI scan). E5: I am chronically ill. I have advanced heart failure (diagnosed 5 years ago). In February 2023 I was diagnosed with bowel cancer. I underwent an operation in March 2023 and I now have a permanent stoma bag. In April 2023 I received radiotherapy. Cancer spread to liver and lungs was detected in July 2023 and I am currently undergoing palliative chemotherapy treatment every 3 weeks to liver, lungs and bowel. Dependent on results of chemotherapy, further surgical treatment to bowel, liver and lungs is planned for this year if I am deemed fit for surgery. I also have a defibrillator fitted due to my heart failure. Medical evidence can be provided if required. One copy to court, 1 to solicitor (omit email/signature/phone) sent recorded delivery, 1 for file Does the above look OK to send please?
  3. Will do. Thanks for your advice. I will post on here first before I submit the response though.
  4. Thanks for reply. MCOL states husband’s defence was filed on 7/12/23 and defence received 8/12/23. I’ll ignore this then ….
  5. Hi. Update - after filing defence on 7 December, husband has received a Form N180 from UKPC today in the post. Before husband elects to proceed to small claims court without mediation, I have a question about the hearing. It asks if there are any days within next 6 months when not be able to attend court for hearing. Also E5 mentions vulnerability. Husband currently undergoing a 3 month course of further chemotherapy to treat his cancer. Whether he will be given further chemo after this, who knows? There is talk from his oncologist of major bowel surgery after chemo but only if the tumours shrink. Do you advise that I put this on form? Thanks.
  6. That’s the problem - I’ve read through the threads regarding filing a defence and it doesn’t mention anywhere in the defence info about ignoring these check boxes (in fact these additional info boxes asking for personal info are not mentioned). It’s asking for additional details info on “Service Details” page - Step 5 of 7 I’ve uploaded the hard copy version that was sent in the claim pack regarding submitting hubby’s personal details. I’m unsure whether he should fill this in or just leave it blank and just sign his name. Advice would be much appreciated. MCOL page.pdf
  7. Hi - yes that’s how I’m doing it but at the very end on a kind of summary page it’s asking for telephone number, email address, date of birth for the defendant - I’m assuming I leave this blank?
  8. Below is what I intended to send: Re: PCN Number: [ ] I dispute your 'parking charge' as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner. 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 [CAR REG NO.]. 2. It is denied that the Defendant entered into a contract with the Claimant. 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.
  9. Update - I have been in contact with Watch Systems Ltd who manage the car park and asked if there is anything they can do to cancel the PCN. This was on Monday and not heard anything back yet. Meanwhile, deadline for me to submit defence is tomorrow so I am going to use the standard one that is in the threads - hope this will be OK? I have been back to site and there is nothing on Pay and Display notice on the parking machine that states disabled people have to pay which I’m hoping I can use in defence further down the line. Also, machine is 80 to 100 metres away from where my husband parked. Not very practical for people who have mobility issues.
  10. Which Court have you received the claim from ? MCOL Northamptom NN1 2LH Name of the Claimant : UK Parking Control Limited Claimants Solicitors: QDR Solicitors Date of issue – 8 November 2023 Date for AOS - 26 November 2023 Date to submit Defence - 08 December 2023 What is the claim for – 1. Parked without clearly displaying a valid pay and display ticket: 30 Highfield Road, Birmingham, West Midlands B15 3AF on 1/4/23 at 20:12:30. 2. The PCN had been issued on private land, which was managed by C. 3. The vehicle was parked in breach of terms and conditions provided by signage (the contract), resulting in the PCN. 4. The driver agreed to pay within 28 days but did not D is liable as the keeper. 5. Despite requests, the PCN is outstanding. The C claims 170.00 being the total of the PCN and damages. C claim costs and court fees. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 31/03/2023 to 6/11/2023 on £170.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.02 What is the value of the claim? £255 Amount Claimed £170 court fees £35.00 legal rep fees £50.00 Total Amount £255 Have you moved since the issuance of the PCN? N Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Letter of claim received 28/9/23. No reply given
  11. Contact and Info - The Physician, Edgbaston WWW.BRUNNINGANDPRICE.CO.UK Contact and Info... The Physician, Edgbaston Hi. The website mentions disabled parking hence why hubby chose this venue to meet friends as he has to plan his journeys carefully due to his mobility issues. To be fair, if I scroll down I can see that they do notify customers about pay and display but he never read this. I am visiting the car park tonight to look at parking signage and will take photos and also assess distance from parking meter to disabled spaces. He has it in writing from medical professionals that he can’t walk more than 20 metres without getting out of breath (one of the main reasons why he has a defibrillator). Given the date of the alleged offence, I can only assume that the chump who took the pictures was playing an April Fools joke. I may have to mention this (if and when I have to send a snotty letter). Sticky 2 to follow today (I need to do this on a desktop at home, not on my phone). I will also save photos when I go into pay charge.co.uk
  12. Thanks for sending me the compressed file link - it seems to have worked a treat. Documentation attached. I am going to visit the car park again today or tomorrow - I have a feeling that the pub has changed car park company as website is saying car park is owned by Calthorpe Estate and customers pay via RingGo App. Perhaps I’m wrong. The pub is called The Physician - postcode is B15 3DH if that helps. The letter of claim states that the vehicle was parked on private property which at the time, was managed by UK Parking Control. Huge apologies but missed a page out - thought it might be useful as letter states claim would be issued within 15 days from the date of letter which was 13/10/23 but claim was issued 8 Nov 23 - not sure if this makes any difference. docs1.pdf
  13. Hi. Filed AOS via the MCOL government link requesting 28 days rather than 14 days. Apologies for confusion.
  14. Hi. I thought it best to respond and file a defence as claim is dated 7 November which only gave me until 26th to respond. Hubby goes into hospital for treatment at end of this week/beginning of next thought it best to respond as time of the essence with hospital visits etc. I will try and upload again later (think I’m going to try desktop rather than uploading via phone). Thanks for your help so far ….
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