Jump to content

Buggy1234

Registered Users

Change your profile picture
  • Posts

    6
  • Joined

  • Last visited

Everything posted by Buggy1234

  1. I used the generic defence and edited to include my details. Defence The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Defendant was the recorded keeper of Xxx. 2. It is denied that the Defendant entered into a contract with the Claimant. 3. 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 car park 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. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 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. And yes, that’s correct. It’s the directions q. I received a letter from the court to acknowledge receipt of my defence and it said the claimant had 28 days. 28 days went by and I heard nothing else. 2 weeks ago I got dcbl directions q and their offer of mediation which I ignored and then today I’ve received the directions q from the court which I’ve checked is legit on mcol. Should I be doing a SAR to highfield now so I can at least start preparing a WS? I have no idea if their NTK was done in time or if it was compliant as I never received one. I want to make sure my WS is solid!
  2. Today I have received a notice of proposed allocation to the small claims track. I’ve had a read on what to do and will get it sent out asap. I’ve not had a response to CPR request either from the solicitors. So I still have no idea what the parking charge relates to as it’s a car park I use frequently and also services a restaurant which I eat at etc. I'm just getting frustrated as you don’t hear anything for a while and then they send another letter. Dreading what’s to come and my anxiety is getting the better of me. I'm just very grateful for all the fab advice on here!
  3. Thank you for this advice. I’ll draft something tonight hopefully if I have a spare 30 mins and post here first. My husband has kindly pointed out we moved in Dec 2017 and we changed car Sep 2018. So DVLA and log book will have been done too.
  4. I’ve checked the local authorities planning permission for the site and there’s nothing in terms of ANPRs, poles or signs. Just a refused 20 foot 3G telephone mast and a withdrawn application for a small built annex.
  5. Which Court have you received the claim from ? MCOL Northampton N1 Name of the Claimant : Highview Parking Claimants Solicitors: DCB Legal Date of issue – 16 Feb 2022 Date for AOS - 6 March 2022 Date to submit Defence - 20 March 2022 (so 18 March which is the Friday) What is the claim for – 1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle X at Bradfield Road Car Park S6 2bw 2. The PCN details are 13/05/2017 X 3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s). 4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages. What is the value of the claim? 1. £155 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgment or sooner payment. 3. Costs and court fees Amount Claimed £206.33 court fees £35.00 legal rep fees £50.00 Total Amount £291.33 ...................... Hello All, I've just received the below today - never had any correspondence regarding this before. Plus I haven't owned the vehicle since 2018 and also moved house in 2018. The person who bought our house has been passing post on and nothing there either. I did some reading on here and have posted below as asked - I've also completed the AoS today so now I need to complete my defence. I've seen the generic defence on many of these posts so will edit that and file that - should I do that now or wait it out? I'm also going to send a CPR to both Highview and DCB Legal as well as emailing the planning dept at Sheffield Council on whether they have planning permission to erect ANPR cameras etc. Is there anything else I should be doing? Many thanks for any advice. Claim Form.pdf
×
×
  • Create New...