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calibra

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About calibra

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  1. Just to confirm, this 2-line defence you are talking about - this the the actual defence I submit to MCOL yes?
  2. Is this not relying on the court to allow me to amend my defence if they do not strike the claim? I'm worried here that I'll send the 2 line defence, and that'll be it - the claim won't be stricken, and I won't be able to amend my defence, therefore the pre-Pofa stuff will be excluded? When I first went on forums and told people about the circumstances of my ticket, pretty much every one of them said "don't worry, it's pre-Pofa - they can only go after the driver, not the RK". So you can understand why I'm concerned about submitting a defence that doesn't include that? Seems really risky?
  3. 2 line defence? Nothing about pre-pofa? Surely pre-pofa should be the crux of the defence?
  4. I have to submit my defence by Friday. The bit that worries me here, is that it seems to be concentrating on the fact that Gladstones aren't doing their job properly (dodgy pocs), rather than the individual issues, such as the "event" being pre-Pofa and not knowing the RK, signage etc. Now I believe that once I submit this defence, I can't change it? So isn't this a risky thing to submit? Shouldn't I be putting everything I can think of down as a defence? defence: 1. This is the skeleton defence of the Defendant, [Your name here]. 2. The Claimant has not complied with the pre-court protocols. They are a speculative serial litigant, issuing a large number of identical claims whether there is a cause of action or not. 3. These Particulars I. Do disclose reasonable grounds to bring a claim II. Are an abuse of process III. Fail to comply with Part 16.4 4. We request that the Claimant files a coherent statement of facts which, if true, disclose a legally recognisable claim in line with the Civil Procedure Rules. The defendant believes this is necessary to avoid the courts becoming clogged with trivial disputes based on the Claimant's negligence and misrepresentation, which bring the law into disrepute and harms the interests of parties who would be responsible for the costs of such actions. 5. The Defendant is embarrassed to plead further in light of the deficient particulars. The Defendant is entitled to know the case they have to meet. In addition the Claimant failed to respond to a Part 18 request sent on xx/xx/xx in an attempt to identify a cause of action 6. No admissions are made with regards to the claim. The Claimant is required to prove the same. 7. If the court is not minded to strike out such deficient Particulars, the Defendant therefore will address any inaccuracies or misleading information in my Witness Statement, and Skeleton Argument. STATEMENT OF TRUTH I believe the facts stated within this witness statement are true.
  5. I gather that. I just thought that I should try and get hold of all documentation. The ticket. The images of the car with the ticket on. The image of the signage. The planning permission for the sign. the contract between the PPC and the landowner. The DVLA records of how they got my address etc. And most inportantly for me, as my main defence would be putting the onus on them to prove who the driver was, as it's pre PoFA, I wanted to know if they had any proof of who was driving e.g. CCTV. And making sure all this was valid 4 years ago - contracts, planning, everything. They may have different contracts a now. And then use all that in deciding what to put in my defence. Maybe I'm expecting a bit much. The car park From what I can gather off you guys Here is the car park - just this little 6 car one https://www.google.co.uk/maps/@51.618846,-3.9404724,3a,75y,104.73h,62.04t/data=!3m6!1e1!3m4!1sFHo_1DFwM-9av4gErJ4_0Q!2e0!7i13312!8i6656 incidentally, the PPC is itself is based inside that office block. They have a deal with the landlord to manage the car park.
  6. What I'm trying to avoid, is them producing documentation I don't know about, on the day. If my main defence is pre-PofA and they need to prove that the RK was driving, I want to make sure I know they haven't got anything like CCTV, preferably BEFORE I submit my defence. If I don't need the documents, what was the point of sending a 31.14 then? Just to show unreasonable behaviour?
  7. I need the documentation. I want to know what they're planning to use against me? It was over 4 years ago. I've lost any original documentation they sent out. I don't know if they have CCTV footage or anything? Surely that's stuff I need to be aware of when choosing a defence?
  8. ok the 31.14 has just been sent. I don't expect to hear anything back, however if I don't get anything, I can use it alongside the Poc as evidence of "unreasonable behaviour" in the hearing? I think it may be wise to send a SAR to the PPC now, starting the 40 day deadline?
  9. I'm about to send that CPR 31.14 request using your standard template, but I'm asking for the a verified and legible copy of each of the documents mentioned in the Poc. The problem is, the Poc doesn't mention any documents? Should I just be asking for all documents they plan to rely on?
  10. How can I formulate a defence on no contract or little other no signage if I don't get the documentation on which they're going to rely? I have no pictures of the signage they had at the time, or contracts, and I'm unlikely to get it before I need to submit my defence?
  11. Ok thanks. I believe that Gladstone are likely to ignore the request, which leaves me with the option of sending a SAR to the PPC. However I'm unlikely to get that information back before I need to get my defence in. So I guess that leaves me having to formulate my defence without any idea of the documents they will rely on. No signage, no ticket, no idea of whether they're trying for breach of contract or trespass or whatever. And I can't change my defence afterwards? Seems a bit unfair that?
  12. Yes remove it if you think it'll do me harm. I'll write a new one tomorrow
  13. I haven't actually sent it yet - I may have overdone it a bit. Part 18 AND 31.14 AND my main defence. Maybe I'm trying to get everything in. Just hoping they'll drop it. Let me know if I have and I can edit it. [removed]- dx
  14. Yes. An no defence submitted yet, so I believe I have until Dec 10th to do so.
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