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pieboy100

Being taken to court! Need advice.

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3779 days.

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Ok guys sorry for double posting but this is serious and I thought more people might look at it if it were a new thread...

 

Basically I got a PCN from Minster Baywatch in August last year for allegedly parking without a ticket. I got advice not to pay and ignore the letters...

 

Since my last post I'd forgotten all about teh ticket... today I got a letter from Northampton County Court claiming for £127.43 from the ticket. I only have a few days with which to submit a defence...

 

anyone got any ideas? What shoudl my main points be?

 

Currently I have:

 

The claimant has refused to show proof that I was the driver of the vehicle on the said date.

 

The alleged amount claimed is out of proportion with the real damages that would be sought for such an alleged offence.

 

What else should I put and is it ok to word them like the above?

 

Thanks

 

pieboy

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Since my last post I'd forgotten all about teh ticket... today I got a letter from Northampton County Court claiming for £127.43 from the ticket. I only have a few days with which to submit a defence...

If you only got the claim today, you have 14 days from the 'deemed date of service' (this will be on the claim form) to acknowledge the claim. If you do that within the 14 days, you then have 28 days from the original 'deemed date of service' to submit a defence. Suggest you post on Pepipoo, where there are some well-versed experts.

 

See here for Minster Baywatch threads:

http://www.google.co.uk/search?hl=en&client=firefox-a&rls=org.mozilla%3Aen-GB%3Aofficial&q=site%3Aforums.pepipoo.com+Minster+Baywatch&btnG=Search&meta=

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PM sent.

 

Minster Baywatch got spanked last time. Suckers for punishment in desperate times.

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Told you so

 

Told who what?

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Blimey a PPC actually taking somebody to court! interesting to see how it turns out. They cant win surely?

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That ignoring wouldn't work

 

How did you? You only have 3 posts and the one saying I should pay was sent after your "Told you so..."

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Feather Duster = Troll

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subscribing ;)

 

FD... taking someone to court and actually standing a chance of winning are 2 different things :)


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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subbing

Pieboy, did you also post on Pepipoo?

regards


Please remember our troops, fighting and dying in our name. God protect them.

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Subbing with interest


<----------- If I have helped in any way please click on my scales :p

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Paperwork is peachy. Our OP is accused of 'parking illegally', committing an 'offence' and thus has been issued a 'penalty charge'.

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CPUTR and Fraud ? let the negative averments fly !

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I suspect some admonishments from the beak will forthcoming, assuming it gets that far.

 

Makes one wonder if they have been getting advice on the POC from Planet Perky.


-------------------------------------------------------------------------------------------------------------------------------------

This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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Subbing! Just caught this thead for the first time :eek: Looks like Pieboy is unfortunately one of the rare examples of PPCs going to court :(

PM if you need any advice Pieboy


If you believe that this post has helped in any way please click on the star to the left

 

DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Thanks guys... Al has been kind enough to help with my defence... I'm pretty nervous about it all now - I'm wondering about counterclaiming but I'm not sure how much for (travel and time should be paid really), though again Al has given me good advice on getting them to pay.

 

I could do with support more than anything right now! :)

 

pieboy

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Im in the same situation and in court soon, you can read my topic here so good luck with yours :)

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Thanks guys... Al has been kind enough to help with my defence... I'm pretty nervous about it all now - I'm wondering about counterclaiming but I'm not sure how much for (travel and time should be paid really), though again Al has given me good advice on getting them to pay.

 

I could do with support more than anything right now! :)

 

pieboy

 

How did you get on? I have received County Court papers now and wondered if you share your defence with me.

 

Cheers

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Start your own thread and spell out the particulars of claim.

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Start your own thread and spell out the particulars of claim.

 

Sorry, can't see the tab for start new thread.

 

Basically, I parked in the car park of the Grosvenor Casino in Newcastle in June last year. I have been a member of the casino for over 10 years and have used this car park on numerous occasions in the past. Obviously, somewhere between the last time I parked there and this time they have contracted Minster Baywatch to control the car park.

Due to the numerous times I have parked there in the past I honestly hand on heart did not see the notice signs. When I returned to the car I seen the notice on my windscreen and only then noticed the signage.

I rang the casino and they confirmed that the car park was free to members with a caveat of only when the casino was open for business. Obviously I was unaware of this.

I googled Minster Baywatch and found all the forums advising me not to pay etc. I also found a template letter on Martin Lewis site. When my invoice arrived I sent them the template letter saying I was not paying.

I have ignored all letters since from Roxburgh and Graham White solicitors. I have also ignored the phone calls. (Still don't know where they got my telephone number from as I am ex-directory and also on the TPS list.)

Anyway I have now received a County Court letter from Northampton Court using their Money Claim On-line service.

The particulars of the claim are just that my car was parked in contravention of the rules of the private car parking facility at the casino. They are claiming £125 plus £25 court fee, so £150 in total.

My only defence is I really really did not see the signs and I was also unaware that that you are only allowed to park there when the casino was open. I also think that £150 is a bit harsh for an honest mistake.

Hope you can help.

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This might be my starter for a defence to file:

 

The defendant concedes only that he is the Registered Keeper of the vehicle in question.

 

The defendant denies that he entered into any actual or purported contract with the claimant or their principal.

 

The defendant denies that any other party entered, as the defendant's agent, into any actual or purported contract with the claimant or their principal.

 

The defendant denies any trespass by himself or any agent of his on the claimant's land or the claimant's principal's land.

 

The defendant denies that the sums claimed or any sums at all are due to the claimant from the defendant.

 

Without prejudice to the statements made above, the defendant asserts that the amounts claimed constitute an unlawful penalty charge.

 

The defendant relies on established case law including, inter alia, Dunlop Pneumatic Tyre Company Limited -v- New Garage and Motor Company Limited [1915] AC 79 and Excel Parking Group -v- Hetherington-Jakeman in the Mansfield County Court on 18 March 2008.


********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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