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theyorkshireman

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About theyorkshireman

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  1. Do I go with the advice here: https://www.consumeractiongroup.co.uk/forum/showthread.php?475647-excel-bw-claimform-2011-EPS-PCN-EBBW-VALE-**WON-COSTS** and go simple i.e. "that there is no contract between the plaintiff and the defendant, there is no keeper liability in this matter and the defendant puts it to strict proof that any such contract exists to give a cause for action by the plaintiff against the defendant". Or do I keep on my original lines: 1. It is admitted that the Defendant was the recorded keeper of [i will insert the vehicle details here] 2. 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 [2012] UKUT 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. 3. 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. Statement of Truth: I believe that the facts stated in this Defence are true.
  2. Is this question for me? Or someone who knows. I copied the defence from https://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016*** Copied and pasted below: 1. It is admitted that Defendant is the recorded keeper of [motor vehicle]. 2. It is denied that the Defendant parked in [carpark] at the times mentioned in the Particulars OR the Defendant is unable to admit or deny the precise times he was parked in [carpark] as he has no recollection of this. The Claimant is put to strict proof of the same. 3. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 [set out the specific ways in which the requirements of the paragraphs mentioned above have not been met]. Only include the above paragraph if you have checked the POFA and can refer to the specific paragraphs which have not been complied with. Otherwise delete it. Do not forget to renumber the remaining paragraphs. 4. 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 [2012] UKUT 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. 5. If there was a contract, it is denied that the parking chargeicon 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 [explain]. Only include the above paragraph if you have a good reason for saying that the signage was unclear, or that the signage could only be viewed after parking your car. If the signage was clear then delete it. Do not forget to renumber the remaining paragraphs. 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."
  3. Happy New Year. I have had no response as of yet to the CPR31:14. Here is my draft defence, I would welcome your feedback as I will be submitting tomorrow.: IN THE COUNTY COURT CLAIM NO: [i will insert the claim number here] BETWEEN: EXCEL PARKING SERVICES LIMITED (Claimant) -and- [i will insert my name here] (Defendant) ________________________________________ DEFENCE ________________________________________ 1. It is admitted that the Defendant was the recorded keeper of [i will insert the vehicle details here] 2. It is denied that the Defendant parked in Cavendish Retail Park Keighley at the times mentioned in the Particulars OR the Defendant is unable to admit or deny the precise times they were parked in Cavendish Retail Park Keighley as they have 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 [2012] UKUT 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. 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. Statement of Truth: I believe that the facts stated in this Defence are true. Name [i will insert my name here] Signature [i will sign here] Date [i will date here]
  4. Hello, I submitted the AOS on the 15/12/2018. I sent the CPR 31:14 yesterday by 1st class post and got proof of postage. Is it now time to start my defence?
  5. OK my CPR 31:14 is ready to get sent. What is the best way to send this? Is it posted and do I need to use recorded delivery?
  6. I have been reading the forum and other defence statements. I feel I need to read as many as I can before deciding upon my defence. I am also thinking I need to see what information they hold on me before I submit a defence. So I am thinking I need to: Read as much as possible to help me for a defence strategy. Get a CPR 31:14 request sent by recorded delivery to the solicitors as soon as possible. File a defence prior to day 33. A couple of questions: How many CPR 31:14 requests can be sent? I am not thinking about sending a loads but do I need to make sure I don't miss anything from my initial request? I have read that if a claimant does not respond to the CPR 31:14 request in a timely manner this in itself can be enough to dismiss a claim. Any thoughts on this? Regardless I will not leave this to chance and I will prepare a defence in advance of the response if it appears at all. Once I have an idea of my defence should I post it up here for you guys to review? Thanks
  7. **Correction** For Clarity: I did not get a PCN on my windscreen. I did receive communication in 2016/17 relating to requests for payment none of which I have retained. I destroyed once I thought they had given up. I received a 'letter of claimicon' dated 26/10/2018 from BW Legal. I received a 'claim formicon' dated 07/12/2018 from Northampton county courticon. I received a 'Notice of County Court Claim Issued' dated 07/12/2018 from BW Legal.
  8. I have acknowledged the claim online using the moneyclaim.gov.uk website. For Clarity: I did get a PCN on my windscreen. I did receive communication in 2016/17 relating to requests for payment none of which I have retained. I destroyed once I thought they had given up. I received a 'Letter of Claim' dated 26/10/2018 from BW Legal. I received a 'Claim Form' dated 07/12/2018 from Northampton County Court. I received a 'Notice of County Court Claim Issued' dated 07/12/2018 from BW Legal.
  9. Name of the Claimant: Excel Parking Services LTD Claimants Solicitors: BW Legal Date of issue: 07/12/2018 Date of issue: to acknowledge - 25/12/2018 date to submit defence - 08/01/2019 Particulars of Claim: 1.The Claimant's Claim is for the sum of £100.00 being monies due from the Defendant to the Claimant in respect of a parking charge Notice (PCN) issued on 26/09/2016 (Issue Date) at 18:42:53 at Cavendish Retail Park Keighley. The PCN relate to (Car Make) under registration (Car Reg). 2.The terms of the PCN allowed the Defendant 28 days from the issue Date to pay the PCN, but the Defendant failed to do so. Despite demand having been made, the Defendant has failed to settle their outstanding liability. 3.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 0.02 from 26/09/2016 to 06/12/2018 being an amount of £16.04. The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions. What is the value of the claim: 251.04 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim: Private parking company. Were you aware the account had been assigned – did you receive a Notice of Assignment: I had a 'Letter of Claim' sent 26 Oct 2018 notifying me that BWlegal have been instructed by Excel Parking Services to commence legal action.
  10. Thanks, before I do this the claim form has been issued by County Court Business Centre in Northampton, is this where I would attend court or just an administration centre? I have no problem travelling but I live in Yorkshire and the PCN was for a car park in Yorkshire, Excel are registered in Sheffield (Yorkshire) and BWLegal address if Leeds (Yorkshire).
  11. Thanks for the fast response. I have visited this retail park in the past. I have not moved house since 2016. I received a "Letter of Claim" from bwlegal sent on 26 Oct 2016. I will acknowledge the claim today online using the method you have described. Regarding your point 2: What is an NTK, i previously found a glossory of abbreviations on this site but can not find it. Regarding your point 4: Is the letter before action the letter they sent on the 26 Oct 2016 titled letter of claim stating they intend to commence legal action.? Regarding getting photos, the company managing the car park has changed. There is another thread on this forum which has the photos in question I will find them and attach if that is helpful?
  12. Hello, I have received a Claim Form issued 07 Dec 2018 that I need to respond to. I have no previous communication regarding the PCN, the issue date of the PCN was 26/09/2016. Claimant: Excel Parking Service Limited BW Legal Particulars of claim: "The Claimant's Claim is for the sum of £100.00 being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) issued on 26/09/2016 (Issue Date) at 18:42:53 at Cavendish Retail Park Keighley. The PCN relate to .... under registration ... The terms of the PCN allowed the Defendant 28 days from the issue Date to pay the PCN, but the Defendant failed to do so. Despite demand having been made, the Defendant has failed to settle their outstanding liability. 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 0.02 from 26/09/2016 to 06/12/2018 being an amount of £16.04. The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions" Amount claimed: 176.04 Court Fee: 25.00 Legal representative's costs: 50.00 Total amount: 251.04 Advice on how to respond would be gratefully received. I am willing to face them in court if it comes to that.
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