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TYLERYDER

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  1. here is my defence.. 1. It is admitted that Defendant is the recorded keeper of xxxxxx 2. It is denied that the Defendant parked in St Johns at the times mentioned in the Particulars OR the Defendant is unable to admit or deny the precise times he was parked in St Johns as he has no recollection of this. The Claimant is put to strict proof of the same. 3 It is denied that the Claimant entered into a contract with the Defendant. 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 carpark 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. The proper Claimant is the landowner. 4. Unfair Contract Terms in Consumer Contracts Regulations: This provides that "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer" … and if it meets that test it is not enforceable. 5.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."
  2. Name of the Claimant ? OBSERVICES PARKING CONSULTANCY LIMITED Date of issue – 02.04.2020 Date to acknowledge - 20.04.2020 date to submit defence - 04.05.2020 Particulars of Claim What is the claim for – The defendant(D) is indebted to the Claimant (c) for a Parking Charge issued to vehicle xxxxx at xxx Retail Park. The PCN details are 02/02/2017, xxxxx The PCN was issued on the private land owned or managed by C. The vehicle parked in breach of the Terms on Cs signs (the contract), thus incurring the PCN. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN is outstanding. The contract entitles C to damages. AND THE CLAIMANT CLAIMS 1. £160 being the total of the PCN and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgement or sooner payment. 3. Costs and court fees. What is the total value of the claim? £275 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? No
  3. I have gone to the money claim website to register and I have done that but it’s asking for defence particulars. It’s saying Please state your defence in a maximum of 122 lines in the box below.
  4. Hello good pipo sometime ago I came to this group for advice about a overstaying parking ticket by OPC WOLVERHAMPTON I was advised not to pay and did that and everything went well. I was given another ticket and I ignored the threats, but now I have been taken to County Court by OPC. The letter that I received from the County Court says that i agreed to pay within 28days but did not. That’s a pure lie I never contacted these people and I never agreed to pay anything. Now my question is this is there a chance of winning this case?
  5. it's not from the police or local council it's from OPC. So this letter is a bluff?
  6. opc noted in their letter that i quote " if full payment is not received by OPC within 28 days of the date of issue of the private parking charge or the discounted payment within 14 days this debt will submitted to the county court for collection without further warning. should formal action be necessary additional costs and charges will be added to the debt which may include interest, court fees and administration charges up to maximum of £400.00 per charge issued. Am worried that they can send bailiffs on my door and take me to court. Any advice on that
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