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  1. Hi HB, Thanks for you prompt response. This is an ongoing claim and I have submitted the defence as per thread above. I am just asking about the Directions Questionnaire and Notice of Proposed Allocation to the Small Claims Track received this morning. I just wanted to know if I should just fill in and return declining the offer of mediation and accepting the Small Claims Track? Do I need to send copies to NCP and BW Legal as well? Also BW Legal have been on the phone, but I declined to put them through to my wife. They still have not responded to my CPR31 request. Should I follow this up? Many thanks in advance. Rovarp
  2. I have this morning received from the County Court Business Centre a Notice of Proposed Allocation to the Small Claims Track. Should I do anything other than fill it in requesting my nearest County Court? Clearly I won't be requesting the mediation service.
  3. This is the defence that I think is most appropriate for my wife's case. Any last minute amendments and should I include point 6? 1. It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract. 2. 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 only contracted 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. 3. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability. 4. I believe that the Claimant did not obtain planning permission granted for signage etc under the Town and Country Planning Act 2007. 5. The Claimant has added additional amounts to the claim to try to circumvent limits on legal costs in an abuse of court procedure. I was wondering whether I should add one more line based on this case from the same car park: 6. Signage is inconsistent and deliberately confusing. I shall file at 3:00pm this afternoon. Thanks again all.
  4. So I have not received a response from the solicitors to my CPR31 request and my wife's defence is due this coming Friday. If it is a standard defence that I should be entering, please can I ask which one I should use? Thanks, R
  5. So far, we haven't mentioned that it is possible my wife entered the wrong reg number or given them that number to check. Should I now be doing this then?
  6. Logged into MCOL and AoS was received on 23/11/20. I will send CPR this afternoon. Thanks
  7. Both cars are registered to me, so original PCN was in my name. My wife in her appeal said she was driving and she has received all subsequent correspondence. (We now know this was a huge error). I am sure if we had the list of registrations for the day, we could identify the purchase but that is not forthcoming. I did request the PDT machine record of payments made that day in the SAR. It's just if this is the main thrust of the defence and how to present it if it is.
  8. Name of the Claimant : National Car Parks Limited, Saffron House, 14B St Cross Street, London, EC1 8XA Claimants Solicitors: BW Legal. Enterprise House, 1 Apex View, Leeds, LS11 9BH Date of issue – 10 Nov 2020 Date for AOS - I posted AoS on 19th November 1st class. Date to submit Defence - Please advise (apologies for not contacting you guys earlier) 11-08-2020 - dx What is the claim for – 1.The claim is for the sum of £170.00 being the contractual charge due from the Defendant in respect of a Parking Charge Notice (PCN) for a contractual breach which occurred on 06/12/2019 in the private car park/land at Cheltenham Portland Street East Cheltenham GL50 4DW in relation to a xxxxx xxxxxx registration mark xxxx xxx. 2.The PCN was issued as the Defendant 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 £0.04) from 06/12/2019 to 08/11/2020 being an amount of £13.00. 5.The Claim also includes £60.00 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice. What is the value of the claim? £173.00+ Amount Claimed £173.00 court fees £25.00 legal rep fees £50.00 Total Amount £248.00
  9. For PCN's received through the post [ANPR camera capture] (must be received within 14 days from the Incident) please answer the following questions. 1 Date of the infringement 06/12/2019 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 19/12/2019 Uploaded as NTK.pdf 3 Date received It could have arrived any day after 19th December as we arrived home on 31/12/2019 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No 5 Is there any photographic evidence of the event? Yes - See NTK 6 Have you appealed? [Y/N?] post up your appeal] Yes - see Redacted Appeal Letter Have you had a response? [Y/N?] post it up We did not receive a response, however there was a response within the SAR pack which was only requested after receiving the County Court Claim Form - Attached (Appeal Response 2 page) 7 Who is the parking company? NCP 8. Where exactly [carpark name and town] Cheltenham Portland Street East For either option, does it say which appeals body they operate under. BPA Redacted appeal letter.pdf NTK.pdf Appeal response 2 page.pdf
  10. Hello all, This is my first thread, so I hope I am following protocol. My wife parked in an NCP car park late last year. It is controlled by ANPR and she bought a ticket and displayed it on the dashboard. We were away for Christmas and on our return discovered a PCN from NCP waiting for us. I can supply the dates but I do not know how much information of the case I should disclose here at this stage. She wrote back to NCP saying she had bought a ticket and saying 'We have no record of any payment being made against your vehicle registration number'. She was driving our daughter's car so it is entirely possible that she entered her own registration number by mistake. Having read a number of threads here and elsewhere, I entered an SAR on the NCP website asking for photos, all correspondence, a PDT machine record from that day of payment made, and all data that they intend to rely on. This has been received with the conspicuous absence of the PDT machine record. I have read that entering an incorrect number is not a breach of contract, and I think this is our strongest defence, but I would really appreciate any comments that will help in submitting my wife's defence which is due next week. Thanks in advance, Rovarp
  11. My wife has received PCN from this same car park. She bought a ticket at the time but had thrown it away by the time she received the PCN as there was a fortnights holiday in the interim. Please can anyone advise the best way to use this forum for advice on this one? We have requested a PDT machine record of payments made that day, but this has not been forthcoming. She now has a claim form from County Court Business Centre and I would be most grateful of any advice in the best way to present her defence. Thank you in advance.
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