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Karalius

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About Karalius

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  1. Courts have indeed confirmed that the case has been marked as cancelled and will no longer go ahead Very good news!! Thank you to everyone involved you guys are awesome I could kiss you :))!!
  2. Hey guys, Update: I have done as Eric suggested, however have had no response yet from courts. Good news is that I received a letter from CEL last night and it states that the claimant discontinues proceedings for the whole of this claim! Looks like they got a bit scared of the bill I will double check with courts today to ensure this is true. Again, this is 2/2 cases I have won against CEL with CAG help!!!! Thank you to everyone involved and I have one more to fight!
  3. I just phoned up the courts and was told that it can only be postponed by filling out form N244, paying 100 quid and if the claimant agrees they can change the date, otherwise its 250 quid. Does that sound right?
  4. Unfortunately at the time my work did not require me to travel, until 2 weeks ago I will try to ring the courts tomorrow to see if they can change the hearing date.
  5. District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour. Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December. I have a few questions if possible to get an answer from anyone please. The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing. My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about? 2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January? Thanks!
  6. Thank you Andy/DX. I should have called them to check myself, sorry for wasting your time. It was indeed court error. My N180 was received on the same day as the letter got sent out. No need to send it again :) Thanks and I will be putting my time in preparations to this case.
  7. Good morning, I have received a letter on Tuesday dated 26 Oct that my case has been transferred to my chosen court for allocation and judge will allocate the claim and give directions. Now, last night I have received a letter form courts also dated 26 Oct that says following: The defendant, you have been sent notice of proposed allocation to track which specified the date by which you were required to return the directions questionnaire. You have failed to file the directions questionairre with the CCBC by the date specified in the notice. IT IS ORDERED THAT The defendant must file the questionnaire on or before 7 days from service of this order with CCBC via post, via document exchange, or via email @... If the defendant does not comply with this notice your defence/counterclaim will automatically be struck out without further order of the court, subject to the claimant having complied with this order, the claimant will be at liberty to enter judgement. Right... so I have sent out the questionnaire, but I guess it never arrived, or it arrived late (I have proof of sending receipts). Now my question is today is 31st, and I have 2 more days for letter to reach courts. I will send this out first class special delivery today. Would that be the correct thing to do, or its best to send them via an email and explain that I was on holiday, thus my questionnaire was not delivered in time due to letter arriving while I was away, or is there another option that is faster I do not know about? Can someone please help me? Thanks
  8. Thanks Andy, just filled it out and will send both tomorrow to CEL and courts. Much appreciated, have a good evening.
  9. Hello guys, Hoping all is well, please can someone give me advise. I have just returned from holidays today 21 sept - 8th Oct. I had found letter from courts served on day I left request to complete form N180 by 8th of October (today). How big problem will this cause me if I do not send this out until tomorrow, or do I even need to now? A1 - should the answer be yes? D1 - how should I choose the court that I want? can I just put one down that is close to my work for example? Thanks Scannable_Document_on_8_Oct_2019_at_22_09_59.pdf
  10. Thank you, I will look it over when I get home from work. I have posted the defence on MCOL and also to CEL directly Have a great weekend guys! I appreciate all the help this community has provided, and I mean that! Without you all I would have definitely bowed to these cowboys and paid up!
  11. Thanks both, I will do that right now on MCOL website. Eric, just to clarify this should be also sent to CEL via post? If so, registered post/to be signed for or just normal first class and keep receipt?
  12. Thank you everyone for chipping in with remarks and advise. I understand your message Eric, my apologies I will take that in consideration. I am not being arrogant here, just haven't had experience in dealing with many of these situations, especially the courts. Should I have this defence posted now or wait till Sunday 18th before the deadline of Monday 19th August? Thanks
  13. Eric, many thanks for taking your time to write this out. I agree about not mentioning my partner. Stupid for suggesting that the hotel refused to give permit as it would then make me a keeper at the time. Can you please advise if I am right that specifically paragraph 5 of POFA is where CEL fails to identify me as the driver? Right, I have copied and retyped everything. I believe this makes sense to me if I were to be questioned in the court. Does this seem ok? 1. DEFENCE 1.1 The Claimant has failed to identify the driver at the time as they do not rely upon the POFA to create a keeper liability and there is no cause for action against the defendant as they were not the driver at the time. 1.2 In any case no contract offered by the claimant by way of signage at the site so therefore no breach of contract. 1.3 The signage is prohibitive in nature and not a genuine offer of parking terms. 1.4 The defendant does not believe the claimant has locus standi in this matter as they have failed to show sight of a contract with the landowner that assigns the right to enter into contracts with the public and to make civil claims in their own name as per CPR 31.14 request sent on 22nd of July 2019. 1.5 I invite that the court use its management powers under CPR 3.4 to dismiss the claim, as claim by the Claimant has no merit by its own volition, as particulars of claim are so poor and inadequate to determine what is being claimed and why action has been taken against the defendant as there is no keeper liability in this matter. The claim is abuse of Civil Procedure
  14. Hi O'Frog, thanks for above. I have slightly polished and changed the wording on the defence, may you please review and advise if this is ok? Would I be right citing that the court use it's management powers under Rule 3.1 to dismiss this claim? 1.2 I was not the driver. So, should I remove the part "I could not have accepted contractual obligation and also the amount claimed then becomes a penalty as it is clearly there to act as deterrent and not a genuine offer to park" and leave it only as "Inadequate signage – signage is not compliant with POFA/ATA CoP so no contract can be performed by the claimant"? 1.3 In POC it does not state if I was the driver or the keeper. It states "Claim for monies relating to a Parking Charge for parking in a private car park managed by the Claimant in breach of the terms + conditions (T+Cs)." 1 DEFENCE 1.1 I request that the court use its management powers under rule 3.1 to dismiss the claim, as claim by the Claimant has no merit by its own volition, as particulars of claim are inadequate to determine what is being claimed and why action has been taken against the defendant as there is no keeper liability in this matter. The claim is abuse of Civil Procedure 1.2 Inadequate signage – signage is not compliant with POFA/ATA CoP so no contract can be performed by the claimant. 1.3 The claimant has failed to meet the conditions, therefore there is no keeper liability in this matter 1.4 Hotel refused to give permit so no contract can be formed 1.5 The defendant does not believe the claimant has locus standi in this matter as they have failed to show an assignment from the landowner to them to enter into contracts with the public and to make civil claims in their own name and likewise the necessary planning consent for their signage and equipment as required under the Town and Country Planning Act 2007 and these also being requisites the BPA Code of Practice. Claimant has failed to respond and provide proof under CPR 31.14 request.
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