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jonnymango

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About jonnymango

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  1. Thanks Erics Brother, could you cast your eye over this as the body of the cover letter to the Court Manager to accompany my DQ... thanks Dear Sir/Madam, Please find enclosed my completed N180 Directions Questionnaire as the defendant. I note that the claimant has requested a Special Direction for the case to be dealt with on the papers. I do not consent to the claimants’ request for the matter to be dealt with on the papers and I believe the case should be dismissed under CPR3.4 on the basis that the claimant has failed to show any authority to enter in to contracts by way of their failure to produce such a contract, nor any evidence of planning consent for their signage under a CPR31.14 request. Furthermore, the claim is made against the driver of the vehicle but the claimant has failed to provide any evidence that I was the driver, and are illegitimately pursuing me as the keeper. Failing that I request that the matter is heard in person at XXXXX County Court, as this is the nearest County Court to me.
  2. Cool, so they've just used that as an unnecessary obstruction to avoid having to provide me with the information requested, and I can still claim that they have refused the request as I don't need to prove any residency, I could in fact have just wanted the correspondence to come to my office instead of home address?
  3. Thanks EB, one thing re the CPR31.14... I recently re-read a letter (attached) they sent to me wanting proof of my residence at the new address I sent for future correspondence with the CPR request said if I didn't they would close the request - at the time I just read it as close the request to use the new address, not close the request for the CPR 31.14. I didn't read it properly at the time, and didn't want to give them proof of my address, knowing that I still have the mail redirection in effect. However, they have in fact used the new address for the most recent correspondence anyway. Have I slipped up, or have they? ChangeofAddress.pdf
  4. Cheers. Worth making the CPR 31.14 request again at the same time?
  5. Thanks, so just do the Directions Questionnaire and send it (with a covering letter?) back to the court? No contact with Gladstones?
  6. hello again wise ones. So as expected I got the letter from Gladstones saying they are proceeding with the claim, request to deal with on the papers, matter relatively straightforward, costs to attend hearing disproportionate, elected not to mediate, client would be happy to listen to any genuine payment proposals. Subsequently a couple of days ago received notice of proposed allocation to small claims track requiring completion of the Small Claims Directions Questionnaire by May 15 So, do I reply to Gladstones first, refusing to agree to it going on the papers and requesting again the information previously requested? Then fill out the Directions Questionnaire and send that back to the courts? Then go back to EB's post and start preparing a statement, or do I wait to see if they decide they are actually going to take it to court before putting time in to that? Thanks in advance as always! GladsProceedWithClaim.pdf AllocToSmallClaimsTrack.pdf
  7. Sounds like you could write a book nevermind a long post! Fingers crossed they drop it further down the line.
  8. Defence submitted. Thank you, and I'll be back as soon as I hear anything further. On that note, what am I likely to hear next from anyone?
  9. Thank you. Will do, and really appreciate your time and efforts.
  10. Thanks EricsB, you put the wotsits right up me there before! Am I ok to copy-paste your version in to my defence statement?
  11. Thanks Eric, I appreciate all of the above, I am somewhat surprised that this advice about the depth of information required to be submitted now is contrary to yours and DX100's previous advice that.. "Once you have acknowledged the claim you have another 14 days to submit an outline of your defence. You can use something straightforward like "there was no offer of a contract by the claimant to the defendant at the time so there is no cause for action" or something like that." and "your defence is not a letter its a 2 or 3 line text file you upload to mcol website." I'll revisit, but would very much appreciate the benefit of your experience. thanks
  12. Thanks Shamrock, I'll try again.... "I am challenging the validity of this claim for the following reasons: 1: The initial NTK is not POFA compliant. It states that Gemini act for an un-named client and does not name themselves as creditor. 2: The signage present at the entrance to the street and adjacent to parking pays does not indicate any charges, tariffs, penalties, or times of operation of restrictions, and does not constitute an offer of a contract. 3: The NTK states the driver of the car became liable for the charge, and the claim is against the driver of the vehicle. No evidence has been offered by the claimant as to the identity of the driver of the vehicle on that day. They are pursuing me solely as the registered keeper. 4: Information requested by a CPR 31.14 request made via recorded delivery, for information relating to the claim including proof of authority from the landowner to enter in to contract with the motorist has not been provided, and the claimant has failed to provide evidence of that authority and the authority to enter in to contracts and make subsequent civil claims, and to provide evidence of planning approval for their signage." Further advice welcomed please, thanks.
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