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prince percy

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About prince percy

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  1. I'm just downloading an proper editor. I seem to remember when this company were set up there was no payment for their service and they just took the ticket revenue as income. They got rid of them in the end of 2015 because they wanted to charge for the service.
  2. I;ve just been doing some reading on this and have see a lot of people using the Protection Of Freedom's act in relation to parking claims. is this a good route to be going down?
  3. Ok I will do this now and get it in the post this afternoon. Is this likely to end up with a hearing?
  4. Sorry for delay in this a bereavement in the family so was tired up with that. Anyway this is the defence I filed Defence 1. It is admitted that Defendant is the recorded keeper of Txx xxx. 2. It is denied that the Defendant parked in Stxxxxx Way, Keynsham, at the times mentioned in the Particulars OR the Defendant is unable to admit or deny the precise times he was parked in Stxxxxy, Keynsham as he has no recollection of this. The Claimant is put to strict proof of the same. 3. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC 2012UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark 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. 4.. If there was a contract, it is denied that the parking charge is incorporated into the contract. As per Thornton v Shoe Lane Parking 1971 2 QB 163, the relevant term must be made known before a contract was formed. Here, the charge was not incorporated into the contract because the signs were unclear as to what the terms were if I had been in the car park at the time I was there on behalf of the land Owner Cvvv xxup Lts as at the time the claimant is alleging I was employed as a Housing Officer for Curo so would have been there on company business. 6. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. The deadline for them to file correct paperwork was 30/12/19. I have checked MCOL and the last action was that its transferred to my local court. They have my email address as before the claim was raised I made a subject access request to see what info they hold on me. I am guessing now I can ask the court to stay the claim as they have not properly filed the claim?
  5. So today I have received an email from BW Legal with the witness statement and court bundle. Our Client: Premier Park Limited Client Ref: …….. Balance Due: £778.23 Claim Number: County Court: Bath Hearing date: 24/01/2020 at 2.00PM We refer to the above matter. We attach by way of service our client’s witness statement which will be relied upon at the forthcoming small claims hearing. A copy of the same has been filed at court. Notice is hereby given pursuant to CPR 27.9 (a) & (b) that our client will not be in attendance at the hearing and wish for the Court to decide the claim in their absence. Please note that our client will be represented by an advocate. What to do next As you are aware we have now made several attempts to contact you to try and discuss an amicable way forward. Unfortunately a settlement has yet to be achieved and we are therefore now preparing for the final hearing in which we shall ask the court to award our client a County Court Judgment against you for the balance outstanding. Our client remains willing to resolve matters with you on an amicable basis. It is important that you telephone our office, on the above number, as a matter of urgency to discuss the options available to you. If you are in any doubt about the content of this letter and/or require guidance/assistance on clearing the balance due to financial difficulties, we would advise you to seek free advice. On the reverse of this letter is a list of some free Debt Management Companies that are available to help, alternatively you can obtain legal advice from a Solicitor. Yours sincerely, I will up load the pdf late as i'm just reading it and will need to redact personal information.
  6. I re-requested the CPr because I got paranoid they didn't get the original and was worried about going to court ect. I received the N157 saying to had been allocated to small claims track I don't have the copy with me at the moment but it had something about the claimant not following certain CPR rules and advised they had to submit a proper application and pay the £80 fee by 30/12 or it would be struck out. it has given a court date in January and listed it for an hour. I'm guessing I don't need to do anything at this stage?
  7. I re-sent my CPR request and got some stuff back, i don't think they have the orginal contract between them and the landowner so may not be able to prove they had the right to issue tickets there. Nothing else from BW Legal in that time. I got a letter from the local court saying it had been allocated to small claims track, then the letter as posted above. i'm really hoping this gets struck out.
  8. Just to update on this. I received a letter from the local county court last week advising me that BW legal had not submitted a proper application in line with CPR rules and they had until the 30/12 to do this or it would be struck out. I don't want to get complacent but i'm starting to think they don't have enough evidence to issue the claim correctly as they have not provided me with the information I requested. They did send me a load of photos of the car and a copy of the ticket but that was about it. Just got to wait now.
  9. So I filed my defence using the guide from here. I have now received a notice of proposed Allocation to the small claim Track. Just wondered what the tactics of filling in the form. Do I request the mediation first? or do I stick with my defence and state that I have no reason to believe I owe them any money? Thanks in advance.
  10. I've uploaded a clearer pic of the ticket and the T&cs Thanks ticket2.pdf
  11. I've just worked out how to do this, not had much time this week and last due to holiday and work ect I thought the deadline was Monday. Ma hoping I can get it done over the weekend and upload asap? parking.pdf
  12. i'm struggling to format the pictures to a pdf. I need to file my defence this weekend. Am I best to adapt one of the existing ones from here or go do the route of that I was working for the land owner and there fore had permission to park there? this option feels like of it goes to court a judge is not going to be sympathetic to me having not stated any of this information and trying to resolve.
  13. just an update on this. I ignored the pre-action protocol and toady I have received a claim from for the debt. I presume I just defend this by stating that the debt is in a stayed claim? Will I still find details of this on MCOL?
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