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knet2020

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About knet2020

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  1. I have been today and the site does have a sign underneath the ANPR camera 'Free Parking Terms Apply' and directions to see the notices. All these signs are very new and whilst it's likely there were signs at the time of the incident it's certainly not clear. Can that point be questioned as part of the defence?
  2. Date of Claim is 04 March 2016 so Defence will be entered by 5 April 2016 Parking Charge Notice 29/05/2015 Letter before Action 01 Feb 2016 Am looking at the search results as above, much to read.
  3. Civil Enforcement Limited claim issued at CCBC It's been acknowledged and notified will defend via NCOL The POC is for 'Outstanding Debt and Damages'and a note 'I will provide the defendant separate detailed particulars within 14 days of service of the claim form' The detailed particulars of claim were received on day 12. They mention Vine v Waltham Forest (2000) 4 ER 169 - When defendant parked they accepted by their conduct the conditions of parking They also point to case of Parking Eye V Beavis Supreme Court Ruling (establish legality of car park operators to charge...) They have added a 'Statement of Truth' and it's signed by their solicitor. They have attached a Schedule of Information which indicates the Site Details and Registration etc the Summary of Terms states it's a Maximum Parking Allowance exceeded I am helping the defendant with this as they have tried to deal with Civil Enforcement directly but got nowhere. The 'Incident' was on 08/04/2015 it's a 5 hour 'stay' but the defendant was over stayed by over 2 hours. The site has a cinema and number of eateries, they were parked for those purposes. I have looked at Received Court Papers From A Private parking Speculative invoice?? I will continue to hunt the threads but a defence needs to be prepared, I am going to see the site as I am pretty sure the sinage is rather poor however I wanted to check the following: If the ANPR camera is located at the 'entrance' to the car park even though you would need to drive over 100m to reach the 1st 'space' (or notice) does the parking notice not need to be displayed at the ANPR site?? Any other threads or specific help would be much appreciated.
  4. Woot, I have just spoken with the County Court.... am pleased to announce they have advised me the claim has been discontinued :whoo:this was notified to them on Friday (1 day after disclosure deadline) and I expect the discontinuance of the claim ensures they are not censured for failing to follow the Judges directions. On a more serious note, I understand the court don't tell you this in writing, they expect I will receive notification from the claimant, I am not so sure. The court date has been vacated. It's been an awful experience at times but also one of learning and reading which is never a bad thing. I am very grateful to all who helped me with this and give there time to help others in similar situations. I will try and clean the thread a little so it may be there in the future (in Legal Success) to help others... Simply am Elated
  5. Brilliant as ever thanks. Found this answering my question(s) above: I can submit an N244 FAO shamrocker This was an excellent resource (for others too) The Witness Statement I entered was modified from others around here based on the Statue Barred Defence and including details of BMW FINANCIAL SERVICE (GB) LIMITED Vs.HART the appeal of which is here http://www.bailii.org/ew/cases/EWCA/Civ/2012/1959.html I have also taken this wise post to heart As of today have still recieved nothing so now 3 working days over the deadline, I intend to notify on non compliance on Monday and will speak with the court toward the end of the week. Will keep this thread updated.
  6. With reference to the previous few posts above, I have been really stressed out by this situation and at times have been rather quick to post this 'mind babble' as a set of general questions that (as has been pointed out) can often be answered by using the search function. Just wanted to update this thread with the current state of progress: I completed form N-265 (List of Documents: Standard Disclosure) and posted this on 13/10/15 - this included a list of all documents (as per panther12 post) - I also included my Witness statement As of today, the claimant has not complied, (the deadline was yesterday at 4pm) I have spoken with the court and they advise the claimant has paid the Hearing Fee however no disclosure has taken place. This thread better explains the situation as it now stands. SO... the directions includes: Based on the threads relating to this (and I don't want to jump the gun) it seems that - I should wait until early next week and then check the situation with the court. - I will then write advising the court of non-compliance - I can then request the claim be struck out (unclear as to whether this will happen anyway?)
  7. Howdy all, Just wanted to post an update to advise this is still ongoing. I am now wondering when and if I can expect to hear anything regarding the standard disclosure? Can I clarify the directions state that court must be in receipt of any docs/witness statement by 3rd week of October and I have heard nothing from claimant. They have to pay a hearing fee in just over 1 week, can I expect to hear anything from them (disclosure) before that date? As the defendant do I have the right to be disclosed first or what date should I ensure I have disclosed by? I know this is all a a game of poker to some extent but I am beginning to get more than a little anxious so some clarification would be most appreciated. I am also confused regarding the Witness statement as I entered a SB defence advice here seems to be just put that into the statement but would I not be better to prepare the statement on the basis of a time line of events and the documents I would rely on?
  8. That's an excellent idea, and makes more sense to me. If they did not comply (I don't expect they will not) would 'notify the court' simply be a letter or is it a form?
  9. Is there any rule on the standard disclousure? I understand it has to be done 21 days before the court date but do I do it at the last minute eg day before the hearing fee is due? Do they have to send to me 1st or is it all poker
  10. No, as ever it went to a plethora of different DCA and then nothing, it was an out of the blue letter. I had attempted to resolve issues with this account in December 2008 with the help of CAB and the original creditor refused my plan, which I also have paperwork for. At that point the CAB basically told me it's a 'non priority debt' stop paying and let them take you to court. NOTE: They were advising this on the basis I had completed a budget statement and offered a reasonable amount to repay based on my circumstances. Not a 'Cant Pay, Wont Pay'
  11. As ever thanks, I was thinking of the poker angle last night lol. Regarding the WS I know I have entered a SB defence but as the dates all seem so tight is seems reasonable to prepare a WS in case it does end up before the judge? I understand the SB is for them to prove but I wanted to ensure my WS included information to point to the whole picture. I understand a Judge will either rule it is SB or it isn't on the basis they rule it isn't then I wanted to be able to argue against the claimants position which will be the SB date being the date of default. It seems your position is that as the SB defence is absolute, hold my nerve and rely on that. I have also got to admit I have been mindful to make an offer in Full & Final settlement to make it all go away . I guess that's the point of this whole process.
  12. In response to shamrocker: That pretty much covers the main points? Claimant states default was July 2009
  13. Yes I do, I am afraid I cant post any copies as I have no means of taking a photo (my phone has recently borked) but I can provide any info required from it? Is there anything in particular?
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