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  1. Hi all, Thought you may be interested in the latest communication from the Court received today.. Many thanks. Judgement.pdf
  2. Gick - What else is there for them to submit? The Witness Statements have been submitted, a date for the hearing had been set but due to my change of address we are awaiting a new date from the local court. I'm guessing that will be forthcoming after looking at the proof of payment that they asked for. DX - Yes, It was submitted and received about a week or so before the cut-off date. It was Excel that submitted it rather than their solicitors, though.
  3. Hi, DX - I'll go through them and make any necessary redactions and get them uploaded Gick - The court here notified them of my change of address but omitted to tell them what it is. I've had an email from Excel/Elms requesting my new address and subsequent confirmation of its receipt.
  4. Hi, Happy New Year to all. Just a quick update on this. The case was transferred to a local court and a date for hearing was set - late January. Witness statement submitted. At the end of November I moved address, informed the court and requested a move to my new location. The request has been granted. On transfer, the new court has requested (General Form of Judgement Order) that I submit a copy of the receipt on which I'm relying. Failure to do so resulting in the defence being struck out. I have complied. I'm not quite sure as to what I should or shouldn't read into this. It does look, though, as this is the first time anyone has looked at what has been presented. Is it a good or bad thing?
  5. Well, the case has been transferred to a localish court and the date of the hearing set to late January - Covid permitting, I guess. Today I received the attached offer to cough up and avoid the hearing - no chance of that happening. There are a few questions that have come to mind and any opinions would be greatly appreciated. I am in the process of moving home. The new location is some 200 miles away from here and I will have moved well before the date of the hearing. With this in mind, is the option of the case being considered on documentary evidence and without a hearing one worth following? The alternative as I see it is to inform the court that I can't attend and rely upon the written defence. Would doing this put the claimant at an advantage should they turn up at the hearing? Whilst it would be inconvenient to make the journey, it is something I'm prepared to do. With regard to preparing the defence documents, there have been many variations of the claim, "the contravention was on leaving the car park", "I didn't pay for the first 98 minutes", and the statement in the Particulars of Claim "parked without payment" and feel that their presentation may include them. Would they be allowed to bring up additional particulars, for example the "didn't pay for the first 98 mins"? Do I defend purely on the PoC that the car was "101) Parked without payment of the parking tariff for the vehicle registration mark of the vehicle on site"? In which case the defence is going to be based on the proof of payment. Or do I include the other spurious claims that they have brought up in the past? Thanks for reading.ELMS Offer.pdf
  6. Hi, The defence has been submitted and I've received the 'Notice of Proposed Allocation to the Small Claims Track'. In their Directions Questionnaire, ELMS have opted for mediation. I'm guessing that I should follow suit, if only to show willingness. Opinions?
  7. HI, Just going through everything, again before submitting. In cross referencing, with respect to this: I have come across this: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27 I'm guessing that cost recovery is not an option and that part of the defence should be removed. Is there an alternative; were the two rules replaced by anything? Thanks.
  8. Thanks ericsbrother and brassnecked. That's the way I was thinking, but just need to be sure. Your confirmation is greatly appreciated.
  9. Hi, Thanks for that. I have acknowledged the claim and indicated I intend to defend. I've been looking at all the communications on this and the various differing claims - "didn't pay for the first 90+ minutes", "contravention time 18:01 (when leaving car park)" etc. and was trying to decide whether to defend purely on the Particulars of Claim - "Parked without payment...", or whether to also bring into it the afore mentioned different allegations. I think your suggested draft defence answers this (PoC), but any other thoughts and guidance would be appreciated.
  10. It's been all quiet since my last posting, but it appears the sleeping giant has decided to wake up. This morning I received the County Court Claim Form from Northampton - attached. As you will see from the particulars they have gone down the avenue of 'parking without payment', despite having provided them with the proof that I did pay. Naturally, I'm going to defend and am starting to put it all together. Do I have grounds to put in a counter claim or not, and would it be worth the cost and effort? Any advice on how to proceed would be greatly appreciated. CCClaim.pdf
  11. The data was obtained pre-GDPR. The PCN was issued on the 14th May 2018, with GDPR becoming effective on the 25th May 2018. Unless it can be applied retrospectively, I feel this is a moot point. Just found an interesting article : https://www.vsec.infinigate.co.uk/blog/according-to-the-gdpr-it-is-in-force-already :
  12. I hope you all had a good Christmas and New Year! Thanks to all for your input. Here's my proposed response: With reference to your letter of December 2019, reference as above, its contents are acknowledged. The matter has been passed to yourselves after BW Legal’s failed attempts to bully me into submission; using lies, mistruths and threats of legal proceedings. Perhaps they saw the error of their ways - perhaps not! As before, I’ll keep this simple so as to avoid confusion. The Particulars of Debt in your letter are unsubstantiated. We parked, I paid. As your client insists on taking Court action, then please advise them that I will make a request to the Court for full costs due to unreasonable behaviour (CPR Part 27.14(2)(g)).
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