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Cardiff Devil

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Everything posted by Cardiff Devil

  1. Perfect, Cheers DX. That's gone in the post today. Am I right in thinking the next step is the court directing both parties to compile their witness statements? Thanks CD
  2. Cheers DX So sign the copy for the court, but not the one for the claimant, and is it going to the claimant directly or their solicitors? Thanks CD
  3. So I've received the N180. Am I right in thinking that; I don't agree to mediation (since I don't owe them squat). I agree that this needs to be allocated to the small claims track. I want this transferred to my local county court. I'm not looking to produce any "expert" evidence or any witnesses in person (although I do have a written witness statement I want to submit). I also don't believe I need to fill in the EX370 form for mediation since I don't agree to this. Also it says that I must complete the directions questionnaire and file it with the court by 31st March, and serve copies to the other parties. Does that mean I need to send a copy of this to the claimant and their solicitors, or does the court do that? Thanks CD
  4. Cheers DX, well you were right. Just checked MCOL again, looks like the DQ was sent yesterday. Game on.
  5. Thanks DX. That's pretty much what I figured was going to happen. £255 is more than the cost of the claim and I've read that they can't claim that back under costs even if they won the case later. I haven't heard anything from the court. I'd assume that if I had then that'd mean they'd filled in the necessary stuff and were proceeding, but I haven't so I presumed the PPC had bottled it. The only thing I have had is a letter from the PPC's solicitors arrive on Saturday, dated 9th March, it just quotes the case reference number and says "We act for the claimant in the above matter. Please note our intention to proceed with this claim". However by my reckoning they're timed out. I've tried ringing the court but struggling to get through. Cheers CD
  6. Hi again all. Just a quick update as I've been really busy the last 6 weeks or so. I submitted the short defence on 8th February, just before the deadline and I had confirmation from the court that it had been received. They advised that the other side had 28 days from the date of the letter to respond, which by my reckoning came and went this week. I haven't heard any more and there's no new updates to the case if I log in to the MCOL page. I'm guessing if they don't respond by the deadline then the case gets chucked out? I also haven't had any response or anything from the CPR letter that I sent to the solicitors back on the 12th of January. Do they normally have to respond to this within a set timeframe? Thanks CD
  7. Hi all. As the deadline is approaching now, I'd like to get my defence in by the end of the week in case anything unexpected crops up. If nobody has anything to add I'm going to go with the defence that Dave posted in post #32. Cheers CD
  8. Cheers again Dave. I'll pencil that in for now but I won't submit yet in case anyone else has anything they think should be included. Part of me suspects that they're using this as a last ditch attempt to put the frighteners on me into paying up, and once they receive a properly worded defence and realise I'm prepared to push back they'll bottle it and back out. I'm sure there's some kind of law against using the courts system as an intimidation method but these PPCs seem to know how to play the game. That's Cardiff City for you, snatching a draw from the jaws of victory. Seems to be the motto for our current season so far. Glad you had a good time when you were here though. If you come back any time soon let me know, there'll be a beer on me waiting, Covid permitting.
  9. Cheers Dave, sounds good so far. I take it all the main points I want to raise get introduced later on, as some kind of evidence pack?
  10. Wow, this thread has been busy! So from reading some of the threads in PPC successes, I'm getting a better idea now, just keep it simple. 1. It is denied that the driver of the vehicle entered into any contract with the claimant on the day in question. 2. It is further denied that any contract exists between the defendant and the claimant. 3. The signage at the site is forbidding and inadequate to constitute an offer of a contract. 4. The claimant has no locus standi to make a claim in their own name. Something like that? I've submitted the AOS now and sent the CPR request to the solicitors, what's the deadline for submitting a defence?
  11. Cheers DX and Dave. I got that defence from the sticky threads at the top of the page in this subforum. As I said before it's just a draft. So take out anything specific regarding signage at the site etc? Am I leaving in the parts about POFA for now or leave that until later as well? I'll have a look at some recent threads in PPC successes in the meantime and find out some more info. That's correct, a family member uses the vehicle on occasion to visit a friend at their apartment complex. However, said family member doesn't like confrontation and would likely just pay up if I was to name them as the driver, so I'm quite happy to deal with this as the registered keeper as there's no legal requirement to name the driver? Thanks CD
  12. This is what I've got so far; 1. It is admitted that the defendant is the registered keeper of the motor vehicle bearing the registration mark nnnnnnn. 2. The defendant is unable to admit or deny the precise times that the vehicle was parked at Century Wharf as he was not the driver on the day in question. The claimant is put to strict proof of the same. 3. It is denied that the claimant has complied with Schedule 4 of the Protection of Freedoms Act 2012. Specifically; i. Paragraph 8 (1)(2)(a) The period that the vehicle was parked was not specified. ii. Paragraph 8 (1)(2)(h) The creditor was not identified. The proper creditor would be the landowner. Consequently, it is further denied that the defendant is liable for this charge as the keeper of the vehicle, since the terms of Schedule 4 have not been adhered to by the claimant. 4. 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 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. The proper Claimant is the landowner. 5. If there was a contract, it is denied that the parking charge is incorporated into the contract. As per Thornton v Shoe Lane Parking [1971] 2 QB 163, the relevant term must be made known before a contract was formed. Here, the charge was not incorporated into the contract because the signage at the site states “permit holders only”. Therefore no contract terms or consideration was offered to any driver who was not a permit holder. No contract could have been formed based on these terms so no breach of any kind could have occurred. 6. Save for as expressly admitted above, the particulars of this claim are denied in their entirety. It is also denied that the claimant is denied to the relief claimed, or any relief at all.
  13. Cheers DX, I'll work on it on my own for now and post something up in a few days. Is it safe to post any draft defences up here or should I PM them to someone?
  14. AOS submitted and the CPR letter is in the post. Regarding the defence, I've seen the standard generic defence in the sticky threads but what if I need to add extra bits to it, like reference to UKPC vs Miss C (the residential parking case that Dave linked above)? Or do I just stick to the standard defence for now and include details of those in my evidence pack later? Thanks CD
  15. Cheers DX AOS will be submitted first thing tomorrow. CPR letter has been drafted and will also be sent tomorrow. I've also started drafting a defence. Thanks CD
  16. Name of the Claimant : NSGL Ltd Claimants Solicitors: QDR Solicitors Ltd Date of issue – 7th Jan 2021 Date for AOS - 26 Jan 2021 Date to submit Defence - 9 Feb 2021 What is the claim for 1. The claimants claim is for an outstanding parking charge issued to vehicle XXXX when parked at Century Wharf, Cardiff, CF10 5NP. 2. The site is managed by the claimant. 3.The defendant is the keeper or the driver named in accordance with Schedule 4 of Protection of Freedom act 2012 of the vehicle. 4. Vehicles parking at the site are subject to the parking restrictions and terms and conditions which are set out on signs at the site and from part of a contract between the driver of the vehicle and the claimant. 5. On 09.03.2020, the vehicle was parked at the site in breach of the contract, the contravention being not displaying a valid permit. 6.By entering this contract the defendant agreed that they would be liable for £80.00 parking charges, plus additional contractual charges incurred by the claimant for the collection of the debt pursuant to the terms and conditions. What is the value of the claim? Amount Claimed £162 court fees £25 legal rep fees £50 Total Amount £237 Scanned POC to follow in the morning.
  17. So to my great surprise I returned home today and found a county court claim form from NSGL Ltd on my doormat. I've been to county court a couple of times but never as the defendant. I'd appreciate any advice on what to do next. I know the first order of business is to submit the AOS, but I'm not sure whether I need to do that now or nearer the deadline. I can get a scan of the POC up tomorrow when I get to work but is there any advice anyone can give in the interim on drafting up a defence? Thanks CD
  18. Cheers Dave. Do you have a link to that case or any further details on it? I already have plenty of notes and photos saved, also links to numerous articles about relevant case law etc. I'm happy to continue to file their correspondence into the round filing cabinet unless they nut up and try taking me to court. I've spoken to the resident and she's stated that if it does end up going to court, she's happy to give a signed statement confirming that she is the leaseholder of the apartment and the corresponding parking space and has given my driver full permission to be there. Thanks CD
  19. Thanks DX. I appealed to the PPC and also to POPLA as the keeper, and have never identified the driver. Their NTK paperwork is non-compliant with POFA anyway as it does not identify the creditor or state the time period that the vehicle was parked. I'm happy to continue ignoring them, just wanted to double check that there wasn't anything else I needed to do. Thanks CD
  20. Hi all. Long time no see. I used to frequent this part of the forum many years ago but my knowledge in this area may be a bit out of date. I've been involved with a bit of a long running battle with a company called NSGL Ltd over the last 6 months or so. The driver of my vehicle has been visiting a friend at her apartment complex which has it's parking areas managed by NSGL. Said resident has an allocated parking space but does not own a car so the driver uses that space whenever they visit. However the driver has collected approximately 8 invoices over the space of the last few months for parking without displaying a resident's permit, despite leaving a note on the dashboard stating that they are visiting the apartment that the space is allocated to, they get a ticket approximately once every two weeks. The car park is signed as resident permits only (and is forbidding to anyone not displaying a permit) and the signage is very sparse, and access to the underground car park gate is controlled by an electronic fob which the driver has. I've appealed all these charges to the PPC (all denied, no surprises there) and then to POPLA. POPLA have apparently only just started processing appeals again after a lengthy hiatus due to Covid, and so far only two of my appeals have been heard. Despite being exactly the same circumstances and copy/pasting the entire appeal each time, I've had one appeal successful and another rejected (by a different adjudicator). On this basis I'm expecting around 50% of these appeals to succeed and the others to fail, as it seems to be dependent on the individuals interpretation of the evidence rather than any kind of logical interpretation of law. I've done some digging on NSGL and from what I can see they don't appear to be particularly litigious and don't tend to take people to court and I'm happy to defend the case if they do. They don't seem to be on the same scale as the bigger rackets like Parking Eye but my only concern is that if the number of POPLA failed appeals stacks up, they might feel like chancing their hand. But my question is now that I've exhausted the POPLA route, am I safe for now to just continue to ignore anything else they send, save for actual court papers? Thanks CD
  21. I'm in a similar position myself, I'm just in the process of buying a new property following a divorce. What I found is that as a general rule, anything that's purchased before the Decree Absolute is granted is technically a joint marital asset and she could make a claim for part of it. Issues with child custody are sorted out at the family court and this can be expensive so it'd be in your interest to try an independent mediation to try to agree these things in advance. Your solicitor is right, if you're serious about divorcing you need to initiate this process before you do anything else. I know it's tempting to start looking for properties straight away but don't rush into anything, as it could come back to bite you in the near future if you do it too soon. If you're renting and she's staying with you without your permission it may be worth speaking to your landlord to see if he can help, although if she's been there since 2017 as per your original post, she may now have some tenant's rights even if she's not named on the rental agreement, so evicting her may not be straightforward. Whether she's been contributing to the rent or not may change things too. I'm no expert on this side of things though.
  22. Hi BF I've heard back from the ex's solicitor today. She's advised that this appears to be an error on the court's part that they were not aware of. They've now written to the courts asking for the sealed order to be updated to reflect the amended order under the slip rule. So fingers crossed, looks like this may be sorted. Thanks for your assistance with this. I'll keep you posted on how it progresses.
  23. Hi there. This sounds like an absolute trainwreck in slow motion. As far as I know there's no such thing as an automatic right in law for the mother to be able to live where her children currently reside. Plus I'm not sure why the police would force you to let her back in as surely this would be a civil matter rather than a criminal one, unless they were just "keeping the peace". It'd be interesting to see that letter she produced if you still have it. What's your current living situation? If you're renting and if it's just your name on the rental agreement then she's got no right to be there, however if she's lived there since 2017 she may now have some resident's rights. If you own your current house and you bought it while you were still married she may have a claim to a share of it as a marital asset, even if it's just your own name on the mortgage. I'd say you really need to speak to a divorce solicitor ASAP.
  24. Thanks BF. I've sent them an email as follows; If I haven't heard back from them within a few days I'll follow it up by post, and see where it goes from there.
  25. Thanks BF. The only thing I can think of is that they may claim that they never received the signed amended order. I communicated my intention to return it via email and then sent the signed paper copy the next day. However it was about 3 months ago and I can't remember if I sent it via recorded delivery or not. If they claim to have not received it I'm not sure what more I can do.
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