hamadryad
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Posts posted by hamadryad
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I’ve heard nothing from the court so far, and it’s fast approaching the 28 day mark!
maybe they’ve folded!
H
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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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Well, it's either been withdrawn by them, or I have a CCJ, or I should hear back that Ive got a fight on my hands.
Fingers crossed that they've withdrawn!!!
Any idea when I'll know?
H
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Sent ti off by email rather than wait for someone else's actions.
Got a response back from the court too acknowledging receipt.
Cheers all!
H
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All the assistance I’ve received on here has been very reassuring and a great help, so I’m not panicking really.
I’ll maybe send it anyway. It can’t hurt, and would mean that I’m not dependant on the actions, or inactions, of another.
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
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It's asking for a Defence Pack Password.
I don't have that!
I've tried putting in the details from the pack, but it keep on saying either the claim No, or the password are incorrect!!!
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Thank you!
I’ll sort this ASAP.
H
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I have form N9B in front of me now.
I'll complete and copy you in before I send it.
Cheers,
H
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hi All,
Well I've heard nothing back, and the date is becoming close when I have to deal with this!
So, any ideas where I should go next.
Shall I contact the court direct?
H
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That’s very interesting!
Given that they have raised a case though, they must believe they will win, surely. Otherwise it would be a waste of the court’s time.
That is, unless it’s kind of ‘automated’.
We shall see.
H
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@honeybee. Got the claim form from the court & responded as per instructions.
@dx. I believe I have 33 days from date of this claim form, (14/04/2022), so if I bank on 30 days I should be ok.
I think that would put me having to respond to the court before 10th May.
H
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Hi all,
I sent off the letter as per instructions, and did the AOS too.
Just got back this from bw legal this am.
I am assuming that it's a letter designed to get me to pay without them having to do anything, cos I've heard nothing else back from them.
H
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That’s the fault of the scanner, I’m afraid. Sorry.
As for the machine, no. Not really. When I couldn’t get it to work I abandoned further attempts.
H
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I meant I’d amended it with the appropriate details. It’s in my pocket to go off now.
I’ll review the other issues when I get home later today.
I did receive a 'Letter of Claim', dated 31 Jan 2022
Having filled in the AOS, do I now have to send off the defence and counter-claim forms too?
Which Court have you received the claim from ? N1
Manual Claim CCMCC (Salford) ?
New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?
If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)
Name of the Claimant : Britannia parking
Claimants Solicitors: BW Legal
Date of issue – 14 Apr 2022
Date for AOS – 02 May 2022
Date to submit Defence – 16 May 2022
What is the claim for –
1.THE Claim is for the sum of £104.80 being due from the defendant in respect of a Parking Charge Notice (PCN) for a contractual breach which occurred on 17/08/2021 in the private car park/land at Poole – Quayside BH15 1HA in relation to a (Car No withheld).
2.The PCN was issued as the driver failed to comply with the terms and conditions, as displayed.
3.Despite demands, the charge remains unpaid.
4.The claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.02) from 17/08/2021 to 13/04/2022 being the amount £4.80.
The Claimant also claims £60 recovery costs as set out in the Terms and Conditions and in the AT AoS Code of Practise.
What is the value of the claim? £249.80
Amount Claimed £164.80
court fees £35
legal rep fees £50
Total Amount £249.80
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I followed exactly what you suggested and I’ve printed out the letter (with appropriate amendments) and it will go to bw legal today.
I’ve kept all the letters back & forth too.
I’ll follow up on the rest off the details later today.
Fingers crossed!
H
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They have sent me a password.
Followed the instructions & it’s printing off now.
It’ll go in the am!
cheers
H
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The original was sent out to me (at my old address) on 24 August 2021
Date of ‘contravention’ was 17 August 2021
I was next contacted by bw legal on 31 Jan 2022.
Thats what started this ball rolling.
H
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Clearly the MCOL is having a 'hissy fit' today, cos I can't seem to log in to check.
Thing is, that the 28 days is up on Monday, so if I don't hear anything by then, by my reckoning it should have died.
That is, unless they get a judge to unstay the case.
H