
hamadryad
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Got another letter of claim from Dryad. I'll follow the same procedure. Not sure why they keep on though! H
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Hi all, Got a letter back from the court acknowledging my defence and setting out that a copy is being sent to the claimant or their legals. It says that they have 28 days to contact Tye court or the case will be stayed. The only action they will have is that they’ll need to get a judge to lift the ‘stay’. I might yet win! cheers, H
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I've tried again today, so I've got the email addy & I'm planning to send this. What do you thinks? Dear Sir, I am defending the above claim, but am unable to access the website. I am defending the claim on the following basis: The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Defendant was the recorded keeper of (the car), the car has since been scrapped. 2. It is denied that the Defendant entered into a contract with the Claimant. 3. 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. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. 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. Thank you