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Junkie2222

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  1. Read through the EX720 or 730 guidance. So no to mediation on the grounds of not giving the case away before we go to court. Also, going to court will incur costs for the claimant. Forms done. Addressed and go in the morning first class recorded. Thanks again
  2. OK makes sense. Thanks. Mediation a definite NO also? Does this seem as though I accept liability, rather than appear reasonable?
  3. Suitability for determination without a hearing? To me, it should be. Under the newest guidelines, 5 minute grace period and 10 minutes to allow for parking are stipulated. Is this enough? Should I let it be dealt with without a hearing?
  4. pdfresizer.com-pdf-resize.pdf So I have been allocated a small claims track. I figure I enter my name above section A. Section A. Small claims mediation. ( I'm going to say yes to this. For reasons of loss of earnings for a day in court and also to seem reasonable, as it states I should be willing to settle before court proceedings ) A1. Yes ( do you agree all in the know? ) Section B: Is obviously my contact details Section C; C1 small claims track? Yes SECTION D; D1 ( unsure here to be honest - On one hand, I'm not the sort of guy that revels in being the centre of attention, so wont be looking forward to court. However, I'd want to hear whats going on. How does this work please? SECTION E; E1 Chelmsford E2 NO ( although i am wating on an email from one of comapnies on the stores onsite to try to confirm something regarding a reason I couldnt leave the site. ( so far nothing and been a week ) E3 Witness - Would this be 0 or 1 for myself? E4 excluded dates ( none as far i know at present ) E5 NO Sign on the last page Return a copy to 1. the court ( on the first page - NN1 2LH 2. ParkingEye ( the legal dept lady listed previously ) 3. Keep one for me All recorded mail and asap now I guess. Do I have to send anything to Chelmsford Court as this is the place Id like it to be heard or is this dealt with by the CC Business Centre? Seems a simple form just a few questions to confirm before I do fill out and send tomorrow.
  5. They did download for me but gave a error as I uploaded as file not supported. I have checked the MCOL after posting this ( trying to think it through myself ) nothing new so I guess not. Their letter arrived today ( I think but we didn't hear the postman and not dated ) When I logged anything, it went up rapidly so I guess wait for Monday and see if it changes. You could be right though and it's an intimidation tactic. It appears we've had a recent ticket that's been paid by my wife, so probable they think this will be paid. I'd rather donate here than pay these leeches. Anyway, thanks for the reply and I'll keep it updated.
  6. hello all, Got back from holiday and this has arrived. Also another letter that I will redact and post up shortly. Looks like they want to take it to court. I'm not sure these are uploading correctly. This is the directions questionaire for the small claims track. claimants DQ.pdf sar return.pdf
  7. @FTMDavethanks very much. Thought I was OK for the minute, just didn't want to chance it without asking first.
  8. Just a quick update. I've had an ' acknowledge receipt of your defence ' letter from HM Courts and Tribunals service. It states that the claimant may contact me directly to attempt to resolve any dispute. If it can not be resolved informally, the claimant will inform the court that he wishes to proceed. I've heard nothing from them. The defence was filed on the 3rd. Letter on the 4th. Am I correct in saying that a WS has to be provided once I have a date on a hearing? I have sent a CPR request and nothing has arrived regarding this request either. The MCOL site has no updated information, other than my entries of AOS / Defence headings. ( not sure that their info would appear - Does it? ) I'm away on holiday on Thursday for a week and didn't want to leave anything hanging while I was away and miss a deadline. Thanks
  9. Defence entered and thanks. The volume of stuff that goes into the WS looks a bit daunting but I guess it's all here. Seems like key is seeing it through, entering docs on time and being available for the case. I'm hoping common sense will prevail here first, 14 mins isn't a massive issue, especially on a quiet day with a million spaces available. Thanks again
  10. Sorry to drive you mad but this is what I'd planned to use as the defence. Is this suitable? Spent the entire night reading and the Poole Thistle overstay post seems to be along the same lines as my issue, so have leaned on that heavily. It's been struggle but I feel what i've read, whilst not all directly relevant, has taken the surprise element away from what will follow. Thanks and have a good weekend. 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 registered Keeper of the motor vehicle (XXXXXXX) is the Defendant. 2. The Defendant denies that they entered into any 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 Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.
  11. Hello all, I have sent this by recorded, signed for mail. I reworded it, hopefully including the important stuff. I wondered if you have any tips on the defense please? Was going to include the fact i wasn't driving, the length of overstay with the reason behind it. ( the boy was with us and needed a nappy change ) Also the fact I spent money in all of the shops that were open that day and the massive surplus of spaces as it was boxing day and most stuff was closed anyway. Or is this sort of case hinged more on the legal issues of them not really being within your rights to do what they do. Thanks all and have a good weekend
  12. AOS done. The rest needs some more time which I don't have tonight, so that's a tomorrow night job. Thanks all Screenshot_20220623-210024_OneDrive-converted.pdf
  13. Which Court have you received the claim from ? County Court Business centre. NOrthampton. NN1 2LH Name of the Claimant : parking eye ltd Claimants Solicitors: (if one is stated) Jayne Leonard ( claimants legal rep ) Date of issue – 20 June 2022 I havent yet. Will do so probably tomorrow night What is the claim for – Particulars of the claim 1.Claim for monies outstanding from the Defendant in relation to a parking charge (ref withheld by me for posting here ) issued on 30/12/2021. 2.The signage clearly displayed throughout Riverside Retail Park, Chelmsford, Victoria Road, chelmsford, essex CM1 1AN states that this is private land, managed by Parking Eye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound ( the contract ). 3.ParkingEye's ANPR system captured vehicle ( reg plate withheld by me ) entering and leaving the site on 26/12/21, and overstaying the max stay period. 4.Persuant to Sch 4 of the Protection of Freedoms Act 2012, notice has been given to the registered keeper, making them liable for the Parking Charge payable upon breach. What is the value of the claim? £170 Amount Claimed 85.00 court fees 35.00 legal rep fees 50.00 Total Amount 170.00 On another note, I didn't send any mail to them at all. No snotty letters or acknowledgement of any kind. Haven't heard anything for months so figured it had gone away. Thanks for your help all
  14. Hello all, Apologies for not replying earlier. I didnt have my more frequently used email assigned to the account. Have since changed it on here. I didnt hear anything until today and got this in the mail. Is this a legitimate summons? jpg2pdf.pdf
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