Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited

Everything posted by dpac123

  1. And if I can settle the full amount withinn 28 days, the CCJ is removed? It would be helpful to know what made my defence non-compliant for the future...
  2. Yes agreed - I should have come here first! I was so traumatised by the last claim and CCJ in 2015, I've tried to steer clear. Total claim is over £700 as it covers several parking notices, legal costs, etc - I'm hoping to avoid the CCJ and re-defend with a sensible defence - is this possible or do I need to accept the CCJ and pay up/send N245?
  3. Horizon Parking issued a claim - my initial defence was that I had insufficient information from them to confirm or deny the claim and that I had sent them a Subject Access Request. Got a reminder from the court about a more detailed defence, so using the SAR, I completed and filed the following defence: DEFENCE OF CLAIM BY ORDER OF DISTRICT JUDGE xxx DATED 20 JUNE 2018 1. I have received a copy of the Subject Access Request from Horizon Parking Limited and the paperwork includes parking charge notices and reminders from Horizon Parking Limited. 2. I have not received any evidence of a contract between Horizon Parking Limited and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. In the absence of such proof, I would contend that Horizon Parking Limited have no authority to issue parking charge notices. 3. I have not received any proof of planning permission granted for signage, etc under the Town and Country Planning Act 2007, which puts into question any authority Horizon Parking Limited may have to issue or attempt to enforce parking charge notices. 4. I have not received details of any damages and indemnity costs added to the claim, specifically, the date they were levied, the amount of the charges, a detailed financial breakdown of how the charges were calculated, and what the charges cover. This means that even if the Claimant could demonstrate their authority to issue a parking charge notice, the overall amounts being claimed would be in dispute. 5. The signage in the car park is vague – it states: “Parking limited to 2.5 hours” but there is no mention of any penalties for exceeding this time limit. 6. The signage states in small print at the bottom: “If the driver of the vehicle fails to adhere to the terms and conditions of parking, a parking charge notice will be issued.” There are no terms and conditions readily available despite my request from the Claimant. 7. I contend that until such time as the Claimant discloses material which unequivocally justifies an entitlement to the sum of money claimed, it is impossible for the Claimant to show and for the Court to determine that money is owed to the Claimant. I believe that the facts stated in this defence are true. I thought this would be sufficient, but have just received a general order of judgement saying my defence has been struck out because it doesn't adhere to CPR 16.5 I phoned the court and they couldn't advise, so I would like to know what options may be open to me: 1. Can I appeal? 2. Can I submit a revised defence 3. Can I negotiate a payment plan with Horizon to prevent judgement being entered? 4. Anything else?
  4. I'm self-employed so net profits for 2016-17 don't adequately reflect my current income. I should have my accounts done in the next week or so and projections for 2017-18 are 10-20% higher. I'm also paying the mortgage at the start of the month rather than the end of the month, so I suppose that's a good sign. Would it be necessary to prove affordability?
  5. It's currently an outright order - is it worth trying to get it suspended? Also, what kind of costs?
  6. OK, all payments have been on time and fully up to date since Sept 2016. Should I apply to get the order lifted and what are the likely scenarios?
  7. Quick summary: - I owed about £200 in tax, which was passed to Rossendales - Tax was paid directly via HMRC website - Rossendales requested proof, which I sent - Rossendales then tell me HMRC say this relates to another debt (even though the payment reference shows the correct debt) and for me to send a payment proposal. - I send an SAR to Rossendales requesting among other things, a transcript of the conversation with HMRC about this being the "wrong debt". - Rossendales write back saying: "Sorry, we are not the Data Controller, send your SAR to HMRC" Question - is Rossendales obliged to deal with my SAR or can they pass the buck to HMRC?
  8. Statement is from 1st Credit, the claimant. Does the wrong balance from outset (and the fact that they may be trying to pull a fast one) affect it?
  9. The counter claim was disallowed because although we sent it to the claimant, we didn't send it again after the order from the court, as this specified to do so, and we assumed we had already done this. My wife didn't really want to counter claim but it was the only way we could get the claimant to back off, so she is happy with the outcome!
  10. I ended up agreeing to a Tomlin Order with the claimant in Nov 2014 on a reduced balance of £2,650 (including all costs) with payment at £26.50 per month. Payments are being made but I noticed a recent statement where the balance is £2,948 - I have sent them an email to find out why, when the balance should be around £2,000. Could this potentially invalidate the Tomlin order, as they seem to have used the total debt + costs as their starting point, not the agreed reduction?
  11. This got struck out last week in court! The claimant didn't provide a witness statement by the deadline but instead brought it to court on the day, so the judge told her he wouldn't hear the claim. Many thanks for all those who helped with this
  12. Is the court likely to do so if there is no witness statement? Will they let us know before the court date?
  13. Thanks, no witness statement from claimant today and we paid £100 fee to submit N244 and see if the counter claim will be accepted. Would it cost us to request claimant's case be struck out? Will we need to submit another N244?
  14. Sorry for not responding - we issued a witness statement and N244 to apply for a counter claim (court said to submit it anyway). Directions state witness statement must be sent to court and other side 14 days before court date - 14 days is tomorrow and nothing from claimant - if claimant doesn't send witness statement, what happens next?
  15. They already paid the fee and we have a trial date of 2nd Nov. The reason for turning down mediation ironically was to get it sorted quicker rather than wait 4 weeks for a mediation date
  16. The vendetta is the additional stuff to take down my wife's business. Not really an option to proceed to trial - that's what causing my wife the trauma and we've been there before - took her 3-6 months to recover from the trauma of having to defend in front of a judge. So it looks like counter claim, apply for strike out or pay up?
  17. An update on this - we submitted a defence and were offered mediation. My wife wanted to settle this as soon as possible so turned down a mediation appointment several weeks ahead, so contacted the claimant direct with an offer of £150 - half the value of the claim - not bad considering she had to order new fabric and do the job again! We have had no response to this offer and my wife contacted her again last week with the same offer - again no response. However, in the meantime we have received notification of a trial date at the start of November and what can only be described as a vendetta from the claimant: - envelopes through the post with recommendations written by people the claimant has worked with stating how efficient and trustworthy she is. - a curtain fitter my wife worked with mysteriously telling her he can't work with her or anybody other than his main employer any more (even though he is still freelancing for the claimant's co-workers) - the owner of another curtain supplier driving up our road and looking through the window (probably shouldn't have driven up in a van with the company name on it?!). We were planning on letting this go but my wife is stressed, unable to concentrate on working or anything else at the moment. It has probably cost her £1,000's in lost revenue over the last few months, which puts more pressure on me financially as well. We were planning not to counter-claim because of the time and energy involved, but I really don't know how to resolve this other than paying the claimant the full amount for very shoddy work. The claimant appears to think she has a water tight case and is letting people know and seems to be determined to ruin my wife's reputation on her way to getting paid in full for work she didn't do properly. She hasn't followed pre-action protocols - no letter before action - just straight to a claim. The options that I see are: 1. Submit an N244 and see if we can counter-claim 2. Apply for a strike out or set aside because she hasn't followed procedure 3. Pay her in full and rebuild my wife's reputation due to lies she is spreading. Any advice greatly appreciated.
  18. Any further thoughts - need my defence done by Tuesday!
  19. I don't recall as it was a while ago but I'm pretty sure we would have only written a cheque if we thought there was enough in there. transactions don't always clear same day (as if the banks do it on purpose to trip people up) and we probably had a payment that hadn't fully cleared. Sorry I can't be more specific
  • Create New...