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    • more detest the insurrectional ex variety dx
    • Laura, I was surprised that the Director said that you hadn't appealed twice. I thought that the letter you posted on 24th June was the second appeal and that was to the IAS. And they did say that there was no further appeal possible. Could you please explain how many times you appealed. I am going to read your WS now. PS  Yes I meant to say that the keeper did not have a licence therefore it was wrong of them to assume he was the driver and the keeper. Thanks for picking that up.
    • In answer to your questions yes even though it wasn't called that, it was the NTK. Had it been a windscreen ticket you would not have received the NTK until 28 days had elapsed. In earlier times if the warden was present then a windscreen ticket would have been issued. It nows seems that the DVLA and the Courts don't see a problem  with not issuing a ticket when a warden is on site. A period of parking must mean that ther e has to be a start time and a finish time in order for it to be considered a period. A single time does not constitute a period. I am not sure what you mean by saying it could be taken either way.  All they have mentioned is  the incident time which is insufficient. There are times on the photos about one minute apart which do not qualify as the parking period because they are not on the PCN itself. The reason I asked if the were any more photos is that you should be allowed 5 minutes Consideration period for you to read the signs and decide whether you want to accept them and you do that by staying longer than 5 minutes. if  more  do not have photos of your staying there for more than 5 minutes they are stuffed. You cannot say that you left within the 5 minute period if you didn't , but you can ask them, should it get to Court , to provide strict proof that you stayed longer than the statutory time. If they can't do that, case over.
    • I recently bought some trainers from Sports Direct and was unhappy with them and their extortionate delivery and return postage charges. I tweeted about being unhappy, and received a reply from someone claiming to be from Sports Direct asking me to send my order number and email address by pm, so a claim could be raised. Which I (stupidly) did. The account used Sports Direct's name and branding, and a blue tick.  The following day I received a call from "Sports Direct Customer Service", and with a Kenyan number. They asked for details of the issue, and then sent me an email with a request to install an app called Remitly. They provided me with a password to access the app then I saw that it had been setup for me to transfer £100, and I was asked to enter my credit card number so they could "refund" me. I told them I was uncomfortable with this (to say the least), and was just told to ring them back when I did feel comfortable doing it. Ain't never gonna happen.  I just checked my X account, and the account that sent the message asking for my details is gone. I feel like a complete idiot falling for what was a clear scam. But at least I realised before any real damage was done. if you make a complaint about a company on social media, and you get a reply from someone claiming to be from that company and asking for personal details, tread very carefully.   
    • The good news is that their PCN does not comply with the Protection of Freedoms Act 2012  Schedule 4.. First under Section 9 (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; The PCN does not specify the parking period. AS you rightly say the ANPR times do not include driving to the parking space and then from there back to the exit. And once you include getting children in and out of cars especially if seat belts are involved the time spent parked can be a fair bit less than the ANPR times but still probably nowhere near the time you spent. But that doesn't matter -it's the fact that they failed to comply. Also they failed to ask the keeper to pay the charge.  Their failure means that they cannot now transfer the charge from the diver to the keeper . Only the driver is now liable. As long as UKPA do not know who was driving it will be difficult for them to win in Court as the Courts do not accept that the driver and the keeper are the same person. Particularly as anyone can drive any car if they have the correct insurance. It might be able to get more reasons to contest the PCN if you could get some photos of the signs. both at the entrance and inside the car park. the photos need to be legible and if there are signs that say different things from others that would also be a help.
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County Court Claim Form received!


bladeboy
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Hi all, this morning received a county court claim form from Incasso on behalf of Co-Op Bank.

 

It came via the Northampton Bulk Issue Centre.

 

The Particulars of Claim are vaugue to say the least. It just says: "....The Particulars of Claim is in respec of monies due pursuant to an account maintained with the claimant. And the claimaint claims: 1. XX,XXX

 

That's it. There's no reference to anything else.

 

I have CCA'd them and they will be in breach on Monday next week. They have not acknowleged service and I suspect that this form is a 'response' to be honest.

 

No deed of assignment ever issue although the firm Incasso say they are acting on behalf of the original creditor so not sure if they need one.

 

Some help with a defence would be appreciated.

 

This creditor is one of about 8. The sum is just in excess of £10,000.

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You should send back the acknowledgment of service saying that you intend defend the case in full.

 

Separately you will need to send off a request to the claimant (or their solicitors) as shown on the claim form advising requesting that information about this purported account.

 

One of the legal people here will help with the exact wording if you need it. Just ask.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Ok, 1st, you need to acknowledge service, do it online now using the password on the front of the claim form, tick defend all of the claim, and print off the receipt when prompted.

 

Next, file this as your defence,

 

Defence

 

 

Ixxxxxxxxxxxxxxx make this statement as my defence to the claim brought by xxxxxxxxxxxx

 

1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR

 

2.No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

 

3.Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

4.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

Next, send this to the other side by recorded, keep the receipt,

 

 

' Herewith copy defence by way of service, the same having been filed with the court.

 

Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement and Default Notice upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Ok, 1st, you need to acknowledge service, do it online now using the password on the front of the claim form, tick defend all of the claim, and print off the receipt when prompted.

 

Next, file this as your defence,

 

Defence

 

 

Ixxxxxxxxxxxxxxx make this statement as my defence to the claim brought by xxxxxxxxxxxx

 

1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR

 

2.No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

 

3.Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

4.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

Next, send this to the other side by recorded, keep the receipt,

 

 

' Herewith copy defence by way of service, the same having been filed with the court.

 

Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement and Default Notice upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

or alternatively see the link i posted above as if you serve upon the other side a copy of your defence in the interim between them amending their statement of case, you must in accordance with CPR 22 ensure that you have a statement of truth

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He guys, can't thank you enough for that. Will get to work tomorrow.

 

At this stage, do I say from the outset that I'll be defending the entire claim?

 

Yes

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 2 weeks later...

Do it PTs way, but be aware that if they don't comply you will have to make an application to the court which will cost you £45, you get this back if you win.

 

Have you phoned the court to find out what date your defence must be filed by?..i can work it out if you can say what date is on the claim form.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Right defence went in and will have been delivered today - the deadline will be tomorrow. Went special delivery. Got the receipt.

 

OK, what to do now?

 

Do I:

 

a) Send a full CPR request for info?

 

or)

 

b) Invite them to simply amend their POC and plead correctly in accordance with CPR pt 16?

 

Still no CCA, still no default notice.

 

PS: the defence was pretty much as PT's directions. Not too much put down but then the poc were a joke i.e. "you owe us xxx"

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Have you sent the letter to the claimant along with a copy of the defence as pt suggested? (dont forget dont sign this one just type your name).

 

Just a thought you say you sent the defence by post...did you sign a statement of truth at the end?

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Yes, signed a statement of truth at the end, although one I typed out (as per posts on here and blue form format) and then hand signed.

 

Haven't sent anything to claimant yet. What to do now?

 

Sorry for the ignorance here, first time through the process. :-(

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Dear Sirs

 

 

 

Please find attached a copy of the defence by way of service. A copy has been served to the court.

 

Despite a request for clarification of matters , you have failed to comply, accordingly I am unable to plead to the case as matters stand

 

Please serve amended particulars of claim and plead your client’s case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. In addition to this I would ask that copy of the default notice and assignment together with proof of service be served with the amended particulars as they are clearly relevant to your clients case and referred to with in the claim .The matter will be transferred to my home court and the claimant will have to produce the documents, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton County Court regime.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

 

 

This is what pt suggested you send to the cliamant

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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