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VictoryToThePeople

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  1. Thanks. I'm off work tomorrow so can get it done hopefully. I'm really sorry but which threads should I be looking at? Is there a link anywhere about the process and what/how much needs to be lodged and when? I've found a certain amount out online but a lot of help seems to be more aimed at people bringing a small claim than defending one (unless I'm just not finding it!) When does the witness statement need to be lodged? Is it before a hearing if the matter goes that far? Somehow, I think they'll not let this matter drop and it will go to a court hearing. From what I've read, they don't seem shy of taking matters all the way. I guess they're relying on people like me messing up.
  2. Hi. Personal circumstances have meant that I have not yet managed to send a CPR 31:14 letter. Date of claim 9/4. I did manage to acknowledge the claim. I'm really up against it now time wise to lodge my defence. Please could you help me with the following questions? 1. Is it too late now to send the 31:14 letter and, if so, shall I just concentrate on defending the claim raising as many points as possible? 2. In the defence, should I refer to the vague POC making the point that I am not sure what I am defending? 3. My main argument is that a unilateral contract was made with the car park attendant as he did not refer to T&Cs, neither did the ticket and I was not aware of any signage. Apart from making that point, shall I cover all bases by mentioning that, in any event if they were to rely on that argument (which is denied), the amount of the fine is an unfair contract term and differentiates from Beavis and why I think it does? 4. Do I have to mention case law in my defence for every legal point or just state fact? 5. Can I upload photos with my defence online or do I just refer to evidence that can be produced in court, e.g. the original car parking ticket proving that I bought a valid ticket, photos of unclear signage or shall I just leave it to them to prove the opposite? I'm not sure how much evidence I have to come up with at this stage, e.g. I have spoken to several people on the train platform who have had similar problems with this company and, say, if I could get an independent witness to verify my version of events, would it have to be at the time I lodged my defence or can I produce witness statements at a later date in the proceedings? 6. When I've looked at other people's defences, the points are numbered. Is that just so the other side can refer to points 1, 2 and 3 and address them or do I have to put things in a particular order? I'm working on my defence right now and may have more questions but sure would appreciate your advice and support to get me through this. I'm on my own and can't afford legal support. Had to keep it from my family so they don't worry about this. Many thanks guys
  3. OK. Here goes... "The driver of the vehicle registration XXXXXXX (the 'Vehicle') incurred the parking charge(s) on xx/xx/2017 for breaching the terms of parking at the land at St Georges Car Park Fitzwilliam Street The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle. AND THE CLAIMANT CLAIMS £160 for Parking Charges/Damages and indemnity costs if applicable, together with interest of £4.28 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgment at £0.04 per day."
  4. Hi. Last week I received a County Court Claim Form and I know that I need to act quickly at this point. In the Particulars of Claim section, it states "for breaching the terms of the parking on the land at...". Do they need to be more specific than that, i.e. do they need to specify the actual breach at this point so that I know what I am defending? Also, they mention the name of the car park and the street but not the town. Will this help me in any way?
  5. Sorry. I hope you don't think I'm questioning your expertise - it's just that I've read that they're not shy of taking matters further even if they are on dodgy ground and, to be honest, if I can put this to bed at this stage and mention all the reasons why taking this further wouldn't be a good idea then I'd rather do that BUT I also don't want to shoot myself in the foot by doing so. It's all very overwhelming.
  6. Thanks for your comment. So you're saying that it's best to keep it short and not mention things like the attendant not mentioning any signage? Do you find that this respnse normally makes the
  7. Thanks. I don't feel comfortable using their website. I note that in the LBC they haven't mentioned on what basis they are bringing a claim on behalf of their clients, e.g. breach of contract. They only mention the amount. Should they have done this to comply with 6a of the Practice Direction which sets out that the claimant should write to the defendant with concise details of the claim..etc They have also failed to mention what evidence they are relying on. Should I mention this or am I barking up the wrong tree? Many thanks
  8. Thanks for this. Another thing I'm not sure of is that they've mentioned a version of the Information sheet and Reply form that can be completed on their website but said I can request a paper version. It's a bit late for a paper version. Do I have to reply using a certain form or can I just send a letter?
  9. Hi. I've been doing lots of reading around this and I just wanted to get your opinion on a matter. The ticket issued stated the name of the landowner but the potential claimant is Hx Cpm. Does the wording on the ticket mean that the 'contract' was between myself and the landowner? I'm just wondering on what legal basis Hx Cpm have a right to bring a claim? Sorry if this sounds daft.
  10. Thanks so much Ericsbrother. Could I just ask whether DPA applies on the basis that my former partner gave them my details? Do I need to mention that I have the ticket as evidence? Many thanks
  11. Please find attached Letter Before Action. Any help with replying much appreciated. Parking LBA.compressed.pdf
  12. Ericsbrother you are amazing. Thanks for the explanation when I was having a major wobble. I'll hopefully post up to you later today. I have to work for the moment. Thanks again.
  13. I received a letter before action from Gladstones dated 29/01/18. Somehow I thought I had 30 days to reply to defend but now I have come to deal with it properly I think I should have replied within 14 days. Have I messed up and will I now have to pay up? Thanks for your continued support.
  14. Thanks ever so much for your prompt replies. I can't personally believe a company would become so aggressive in their correspondence over just an upside-down ticket and think they can justify charging me that amount of money for something as harmless as that - particularly as their attendant took my sodding money!
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