Legal Notice of Breach of Contract...

[crem]

 

i didnt ask to go to court, and there is certainly no way im travelling to bournemouth to attend...

 

As far as I'm aware you can request the court to be moved to your local one. Perhaps one of our legal experts will confirm or not?

[crem]

They put double yellow lines (I know they are worthless from a legal point,

 

If you lose, it would have cost you lots more money .. the CCJ will be on you for 6yrs (as I doubt you will be able to pay the amount within 28-days for it to be removed).

 

angry_driver you acknowledge they have no legal standing yet you are berating skyelet for not paying. It seems you contribution to this thread is unhelpful and antaganistic. You are also making unfounded assumptions about whether skyelet will carry a CCJ for 6 years (just like PPCs do) for defaulting on a court judgement. Perhaps there is another thread you will feel more useful in.

[RichardM]

i didnt ask to go to court, and there is certainly no way im travelling to bournemouth to attend...

 

I may not be a legal expert but from the CAB website::

 

If the case is for £15,000 or less, it can be started in any county court.

 

 

The court will then transfer the case automatically to the defendant’s nearest county court if:

 

• the case is defended, and
  
• the claim is for a fixed amount, and
  
• the defendant is an individual, not a company.
  

To be honest, with those particulars of claim, I don't think Trethowans have got a cat in hells chance of winning. The person that filed it should be sacked for wasting the company's money on frivolous lawsuits.

 

I'm sure that the legal eagles will have a field day putting together a very strong defence for you, but sadly, I bet they won't even turn up in court on the day. Make sure you keep records of all the time and money spent on putting together your defence and claim it back off them when you win.

[RichardM]

removed.

Edited October 12, 2008 by RichardM

[slick132]

Please keep posts polite and constructive for the OP, Skyelet.

 

If in any doubt, please read the Site rules.

 

Thanks.

[TheChancellor]

 

To be honest, with those particulars of claim, I don't think Trethowans have got a cat in hells chance of winning. The person that filed it should be sacked for wasting the company's money on frivolous lawsuits.

 

 

 

Hey Richard that's a Debt Recovery Assistant you're talking about.

 

Not my field but a couple of questions:

 

Does the ticket No.3550 tally?

 

Should the "Date" & "Due Date" show the same date?

 

I shouldn't worry about the case being delayed as they have applied for a Daily Rate of Interest of £0.011.

 

Hope the judge is good at maths pmsl.

[Al27]

The court will then transfer the case automatically to the defendant’s nearest county court if:

the case is defended, and

the claim is for a fixed amount, and

the defendant is an individual, not a company.

 

Our company is taking someone to court next month. The case is being held in OUR local court, not their's, so they are going to have to travel down to us because they didn't request it be moved. We purposely stated we wanted it to be heard in our court, and we're the claimant.

[lamma]

MCOL/small claims ?

[RichardM]

Our company is taking someone to court next month. The case is being held in OUR local court, not their's, so they are going to have to travel down to us because they didn't request it be moved. We purposely stated we wanted it to be heard in our court, and we're the claimant.

 

The defendent doesn't have to request it to be moved. It is done automatically if the three conditions stated are met. It would suggest, therefore, that your company is either taking a company to court, OR, it isn't being defended OR the amount being claimed is not a fixed amount.

 

I've also taken (as an individual) a company to small claims and had the case heard in my local county court, because as a company the defendent did not have the right to request it to be moved.

 

In the OP's case, she has nothing to worry about as the three conditions are being met so it will be transferred without question.

[Al27]

It would suggest, therefore, that your company is either taking a company to court, OR, it isn't being defended OR the amount being claimed is not a fixed amount.

 

It's the first one

[skyelet]

With respect I did read you post ... you were going to a clinic got onsite to park and no spaces so instead of waiting for someone to go, or drive around a little more or park off site and walk you decided to park on the double yellow lines.

 

You were having a 'routine scan' - you're pregnant not disabled .. If you were a few mins late for your scan they would still have accomodated you (as I presume other patients would have the same trouble).

 

I do not wish to get into a slanging match, I was just pointing out that the chances are when this goes to a hearing you will probarly have just given birth and have all the hastle/time this WILL take, with a new born and all the stresses that brings .. over £25

 

I know you didnt ask for it to goto court, but if you didnt pay then they would take it to court ... its obvious - where else are they going to take it to recover the charge they beleive is due.

 

You may win / You may lose - No one on here can give you that guarentee.

 

If you win then you pay them nothing, as you will be on maternity leave so you will only be able to claim your travel to court and nothing for the time/effort you put into sending docs off / doing research (as small claims are limited to loss of earnings ONLY).

 

If you lose, it would have cost you lots more money .. the CCJ will be on you for 6yrs (as I doubt you will be able to pay the amount within 28-days for it to be removed).

 

All for £25.00 which you could have paid in instalments to them - a lot less hastle than the position you find yourself in now !

 

Angrydriver, thanks for your comments, but as i stated in my OP i waited already, and there were long queues for each of the 2 remaining operational car parks. I am aware that pregnancy doesnt class as a disability, but i also have problems with my hips/pubic bone due to the pregnancy which makes it very painful to walk even short distances. There was no chance of parking off-site as the hospital is surrounded by housing estates and main roads.

stating that all this for £25 is all well and good, but i appealed it, which then meant they were asking for £50 becuase the original time frame was out... and as i have already explained, i dont have that sort of cash. I am not asking for a garuntee that i will win the case, i know that no-one has that sort of power im female.... not thick.

 

Hey Richard that's a Debt Recovery Assistant you're talking about.

 

Not my field but a couple of questions:

 

Does the ticket No.3550 tally?

 

Should the "Date" & "Due Date" show the same date?

 

I shouldn't worry about the case being delayed as they have applied for a Daily Rate of Interest of £0.011.

 

Hope the judge is good at maths :grin: pmsl.

 

Thanks for your help here thechancellor, who do i ask these questions to abuot the date/due date being the same... and yes the ticket numbers match

[markie76]

ouch, Angry_Driver sounds like you need to take a chill pill or get the bus instead and read a book on being polite and impartial...

[skyelet]

Okay i think im going to start drafting a defence..

 

 

Any hints/tips on how to word it/write it ?

 

Deleted

Edited October 13, 2008 by slick132
Not nec'y to name names.

[skyelet]

Oh and ive just noticed that the "appeals" address is exactly the same address as the solicitors...

 

why do i get the feeling i have put my foot in it now :(

[angry_driver]

So when they rejected your appeal the letter gave the the opportunity to pay £25.00, it also states if you do not pay or contact them they will take it further.

 

Did you then come on here, get the advice to ignore them and were surprised when they did as they said and issued court proceedings.

 

If you would have contacted them within the 7-days and explained your financial problems them they may have offered you a payment plan .. but it is clear from your own posting they did offer you the chance to pay the reduced amount after rejecting your appeal.

[skyelet]

thanks angry_driver, but i do not find your ranting helpful nor constuctive and so i will chose to ignore it, reading through some of your other posts... seems you like to flame a fair portion of all of those 20 posts you have made.

[angry_driver]

Thats fine, sorry if you felt a view other than the one you have is not constructive.

 

Its your money & time you are gambling with.

[electron99]

Methinks angry driver works for a PPC:roll:

[lamma]

a payment plan ? are they licenced to offer credit ? angry_driver, which PPC do you work for ?

[skyelet]

HAHA! thanks for all the help guys... lamma, i have drafted out a defence... would you like me to PM it for your perusal?

[TheChancellor]

 

Thanks for your help here thechancellor, who do i ask these questions to abuot the date/due date being the same... and yes the ticket numbers match

 

 

I was asking the CAG members with experience of these matters.It read like they may have been demanding payment on the same day & I didn't know if that was suposed to be - say - 7 days later.

[slick132]

Hi Skye,

 

Better to put the defence here on thread so it can be checked and commented-on if nec'y.

 

[skyelet]

Thanks Slick132 but as lamma said, prob not a wise move to keep the defence here...

Edited October 13, 2008 by skyelet

[lamma]

I would not have put your defense up on the board. the PPC now knows all about it. best policy is never publish the defense, let them find out through the court.

[skyelet]

ye i guess.... iw as thinking that too... after i did it. gonna remove it now