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royalblue1878

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  1. Not that I am aware of. There is other post but I have not opened it. There is a small pile waiting for him to collect. He has only given his bank this address so I guess Marstons got his mailing address from them?
  2. Today I received by hand a notice of attendance by marstons for a council tax debt owed by a friend who uses my address as a mailing address. The friend has no fixed abode and travels around the country so uses my address as a mailing address. Until I can get in touch with him how should I deal with the letter and the bailiffs? Many thanks.
  3. Many thanks FTMDave. I have made the changes as you suggested. I'll get that off to CST after the weekend. Should I send a copy to Smart/DRP too? Thanks again.
  4. Question about the letter below... How is the LBC they sent shoddy or badly put together? Did they miss something? Just so I know what I am writing about! I added the bit about 'keeper liability section 9' which I found on another thread about Smart parking. Is that relevant? Thanks all. ---------------------------------------- Dear CST Law, I am in receipt of your letter dated the 22nd September 2020 and have noted its contents. Unfortunately for you I cannot accept this shoddily thrown together piece of tripe to be a LBC as it fails miserably to come anywhere near a LBC as required under the revised Civil Procedure Regulations and so would expect a court to summarily dismiss any claim later made by you or your client on that basis. Your clients know full well that I was not the driver, so as I was not at the Airport Pub I couldn't enter into any contract with your clients, even someone with GCSE grade 1 in law could work that out. No keeper liability has been established and to boot the signage is a prohibition. You have also failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper. So, to make sure that there is no misunderstanding, I deny that any monies are owed to your client by myself as there is precedent case law that your clients' greed has blinded them to. Even the British Parking Association have given in and changed their stance. The same applies to the inflated amount of the claim, the POFA and contract law are very clear on this point and again plenty of examples of dismissed claims are in the public domain. Remember DDJ Harvey at Lewes in May? It would be wise if you took your obligations you signed up to when being entered onto the SRA roll and advised your clients it is not in their interests to continue with this matter as they have no cause for action and I shall seek a full costs recovery order under CPR 27.14.2.(g). for any civil claim made under the unreasonableness criteria. Yours Sincerely
  5. I'm not to bothered about the grief they would give us, it's easier to deal with knowing they can't do anything, tad used to it now. If a letter to them now can also deal with it without naming the BIL, then that would be good to. The OH has said she doesn't want to go anywhere near a court as that is not her thing, so need to avoid that too. Obviously she shouldn't need to go through that as she wasn't driving.
  6. Hi All, A Letter before claim arrived today from CST Law. I saw somewhere else that it may be an idea to name the driver at this point. Is that the case? Many thanks.
  7. Thanks for the N245 link, that would have passed me by otherwise. I didn't argue the address thing the way you just wrote, it may have made a difference.
  8. When I received a notice of assignment I requested a CCA. In the letter I put the street number from my old address down and they updated their records , hence the court papers going to a house up the road. Basically a daft typo on my part.
  9. No set aside unfortunately, the incorrect address was my error and the judge didn't think the argument to defend the original case was strong enough. The end result is a CCJ but as that won't really affect me it's not too much grief. The experience in court was more enjoyable (if that's the right word) than I thought it would be. I now have to agree a repayment schedule but they will still be waiting a long time to recoup their costs as the little work I did have is now starting to be cancelled because of Covid 19 Many thanks for your help to everybody here. Invaluable as ever!
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