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jazzhands111

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  1. UPDATE: Received a letter from the court and a hearing has been set for late November via telephone (it's a shame because I was hoping to get a court experience). The claimant has still yet to file a court fee and has until late October to do so. So it looks like I'll see you guys nearer the date provided they go ahead and pay the fee! Thanks for all your help up to this point.
  2. So there is no need to respond, even to their request of evidence I intend to rely on at this stage?
  3. Update: Since my last post I've received a letter from the court indicating my case has been allocated and is awaiting a date from the judge. today I received a letter from BW Legal saying if I pay within 21 days they'll drop the case. I'm assuming that this is just final scare tactic before court? On the letter they state their clients position refuting my defence with the wording "PARKING IN THIS AREA IS PERMITTED FOR: VEHICLE DISPLAYING A VALID PARKING PERMIT AND PARKED IN THE CORRECT ALLOCATED BAY. " They go on to mention some case law (Vehicle Control Services Limited v Alfred Charles Crutchley [2017]). They also go on to say "if you intend to rely on any evidence which would provide you an unfettered right to park in the Car Park outside of the terms and conditions, please provide evidence of the same within 14 days of the date of this letter". Am I obliged to provide that information before getting a court date? The rest of the letter is pictures of my car and copies of the ticket, NTK and my website appeal. It should also be noted that on some of the pictures it appears as though it's just an image file that hasn't loaded properly and in its place it just has "IMG_xxxxxx.jpeg". Attached is a censored copy of the letter. Is this something I just ignore or do I need to respond? Cheers parking_compressed .pdf
  4. UPDATE: So I received a letter from the court acknowledging the defence, it wasn't particularly noteworthy just a boiler plate so didn't make a post about it. Today however I've received a letter dated 01/01/21 from the court and they appear to have allocated it to the small claims track. They have attached form N180 (Directions questionnaire) which needs to be sent back before 18/02/21. Along with this they have sent out some paperwork regarding mediation. I'm guessing we are passed the stage of mediation considering I've already voiced my concerns to both the Claimant and their Solicitor which they have rejected so I should just mark that box as "no" right? It should also be noted that the 14 day period to return my CPR 31 request has also lapsed and I haven't received anything. So just looking for some clarification, at this stage just return the N180 ASAP and then wait again for something to show up? On the cover letter it has some notices I'll type them verbatim here. Take notice that: 1. This is now a defended claim. The defendant has filed a defence, a copy of which is enclosed. (side note no copy was enclosed of my defence) 2. It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why. 3. You must by 18 February 2021 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office: the County Court Business Centre, 4th Floor St Katherine's House, 21-27 St Katherine's Street, Northampton, NN1 2LH and serve copies on all other parties. For point number 3 does that mean I have to send a copy of this form to both Link Parking and BW legal or just BW legal? Does filing it with the court office just mean sending it back in the post or something else? Just asking for clarification as @dx100uksuggested I was making too many errors and I want to avoid doing that from now on as it's a serious legal matter. Cheers
  5. Spent some time reading through threads, is there a global thread that has a list of the acronyms used? I'm finding some of the language confusing.
  6. Ok, so I've submitted my brief defence and just been to the post office to send the CPR. Is the ball now in their court and I'm waiting for a reply via MCOL or is there something else I should be doing? Cheers
  7. Sorry I guess I messed up, I thought I read somewhere to leave that as late as possible to give them as little time to respond. Clearly wrong, does it harm me now? Is my brief defence ok? Cheers
  8. Sorry I haven't got back with the defence sooner, other things came up but I still have time to submit and this is what I've come up with after reading other success threads. Should I go ahead and proceed or do I need to make any changes? Also I have the standard CPR ready to post and I've attached it here. Is everything OK and should I go ahead with submission and posting? 1. It is denied that any contract was entered into between the Defendant and the Claimant. 2. It is denied that the keeper of the vehicle broke any contract with the claimant on the days in question. 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. @dx100uk why did you ignore the letter of claim please? I did not ignore it, I sent the snarky letter in response as suggested. do you still have the ticket? yes i suspect this carpark is owned by the railway company so byelaws over rule their silly contract... if they even have one There is no railway line anywhere near the property so I'm confused as to why you would think that?
  9. Thanks Dave, I'll get onto working on a defense first thing tomorrow. In the meantime I was wondering if you could clear something up for me? I notice that the court that they've filed in is in Northamptonshire, however I was under the impression that any court action would be local to the defendant. Do I need to request that they move to my local county court (and if so what's the procedure) or am I in for a 4 hour drive?
  10. I've had time to familiarise myself with with the process by reading some more threads. I've acknowledged service via MCOL and below is as @brassneckedadvised I should post. Name of the Claimant ? Link Parking Limited 4 King Square Bridgwater Somerset TA6 3YF Date of issue – 15 DEC 2020 Particulars of Claim What is the claim for – 1.The Claim is for the sum of £210 being contractual charges due from the Defendant in respect of 2 Parking Charge Notices for contractual breaches which occurred between 16/02/2020 and 17/02/2020 on private land operated and managed by the Claimant in relation to a vehicle with the registration mark (redacted). 2.The land is privately owned and the Claimant operates and enforces a parking management scheme. 3.The Defendant is believed to be responsible for the vehicle when the contractual breaches occurred. 4.Despite demands, charges remain unpaid. 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 16/02/2020 to 14/12/2020 being an amount of £12. The Claimant also claims £120 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice. What is the total value of the claim? £420 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes I'd be interested in filing a counter claim against the company as well for having to spend hours on end researching this nonsense as well as for stamps and envelopes for letters I had to send in response to their demands. I'm not sure if it's possible but at this point I would like to be as petty as I can. As @dx100uksuggested I have not gone any further than acknowledging service, if I have my timeline correct then that gives me until 10th January to file a defence?
  11. Thanks I'll give that a thorough read through when I get a chance later today. I called the court and they confirmed the letter had been sent out and to give it a few more days. However they are going to be closed from next week until January 4th. The problem here is my notice to reply expires on that day and so if I dont get the letter between now and then I won't have the opportunity to respond. The person on the phone explained that he can email me an acknowledgement of service which extends my reply period by 14 days and so I have until the 18th to respond. Does this all sound correct? Because you mentioned that this can be all done online and the person I spoke to didn't advise me of that option. I don't want to lose this on a technicality. Cheers Edit: here is a copy of the email from the court. If you are returning your claim response or any claim response forms to the court by email then you MUST state the phrase ‘CLAIM RESPONSE’, together with your claim number, in the subject line of your email. Please note all full admissions must be sent directly to the claimant or their solicitor. Thank you for your enquiry, Please read these notes carefully - they will help you decide what to do next. Court staff can help you complete the reply forms and tell you about court procedures. They cannot give legal advice. If you need legal advice you should contact a solicitor or the Citizens Advice Bureau immediately. You must respond to this claim form within 14 days of the date of service. The attached forms may be used for that purpose. The date of service is taken as 5 days after the issue date. If you agree with all of the claim and wish to pay it now Take or send the money, including any interest and costs, to the claimant. The address for payment is on the front of the claim form. You should ensure that the claimant receives the money within 14 days of the date of service. There is further information on how to pay below. If you agree with all of the claim and are asking for time to pay Complete the admission form (N9A) and send it directly to the claimant within 14 days of the date of service. Please see the address on the front of the claim form to which documents are to be sent. Do not send a copy to the court. Filing an admission may result in Judgment being entered against you. If you admit only part of the claim Complete the admission form (N9A) and the defence form (N9B) and send them both to the court within 14 days of the date of service. If you disagree with the claim or if you want to make a claim against the claimant (counterclaim) You must send either the completed acknowledgment of service form or a defence to the court within 14 days of the date of service. If you send the acknowledgment of service you must send a defence to the court to arrive no later than 28 days from the date of service. Registration of Judgments If this claim results in a Judgment against you, details will be entered on a public register, the Register of Judgments, Orders and Fines. These details will then be available for credit reference agencies to pass onto credit grantors and others seeking information on your financial standing. This will make it difficult for you to get credit. A list of credit reference agencies is available from the Registry Trust Limited, 173/175 Cleveland Street, London, W1T 6QR. Costs and Interest Additional costs and interest may be added to the amount claimed on the front of the claim form if Judgment is entered against you. If Judgment is for £5,000 or more, or is in respect of a debt which attracts contractual or statutory interest for late payment, the claimant may be entitled to further interest. How to Pay • payments must be made to the person named in the address for payment box quoting any reference and the court case number. • do not bring or send payments to the court - they will not be accepted. • you should allow at least 4 days for your payments to reach the claimant or their representative. • make sure that you keep records and can account for all payments made. Proof may be required if there is any disagreement. It is not safe to send cash unless you use registered post. • a leaflet giving further advice about payment can be obtained from any county court. • if you need any further information you should contact the claimant or the claimant’s representative. Please note: The attached form(s) contains fillable form fields, and the software to complete the form can be downloaded for free from http://get.adobe.com/uk/reader. Please see the attached blank claim response forms. Regards,
  12. UPDATE: So it looks like they are/have proceeded with court action? Attached is a copy of a letter I got today, I have not yet received the letter which they reference from the County Court Business Centre. I'm guessing not being in receipt of that letter doesn't absolve me of anything since I've received this one. Problem is I don't know what to do now in order to respond. Scan 18 Dec 2020.pdf
  13. The owner of the flat (not the building or land owner) said that visitor spaces were available marked with a V. The private spaces which require a permit have to be applied for and these spaces are marked with numbers e.g. flat number 5 gets parking space number 5. At first I thought I had made a mistake and the parking spaces were marked in roman numerals (meaning V would not be visitor but 5 instead), but they are not. There is no information on where to obtain visitor permits, nobody appears to have any clue, I called the ground rent collection company and the management company. It should also be noted that he's had other visitors in the time since, who also parked in the same spots but without tickets.
  14. Hi DX!, I hope you aren't working too hard, you seem to find my posts no matter what time of day they are posted. So the suggestion here is radio silence until I receive a court date? cheers.
  15. UPDATE: I sent off my response letter and they have come back with the following response - see attached pdf with identifiable information redacted. What's my next step here? I feel like they are sticking on the fact that my car was not displaying a permit, which is true. But there is no information anywhere on site on where to obtain a "valid parking permit" and as explained earlier in the thread a "valid parking permit" is not required for "genuine visitors" as stated by a notice on the information board inside the building where I was parked. Do I need to give another response or just wait for court action? I feel like i'm talking to a brick wall, they keep coming back with the same response in terms of a valid parking permit regardless of how many times I tell them one wasn't required. Cheers Scan 13 Nov 2020.pdf
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