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Claimform trethowans solicitors - North Middlessex University Hospital Trust


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Hello back

 

 

on 17/7/2014 I received a letter from trethowans solicitors saying my car had been parked at north middlessex hspital car park

and that a breach of contract notice was issued to the driver there on 1/7/2014

 

 

and the charge of £40 had not been paid so they wanted me to pay as the registered keeper.

 

 

I maybe stupidly ignored as didnt think it was.

 

Turns out it was taken to a&e by friend and had very long wait there and didnt have the £13 in change to put in machine not that that was on mind at time.

 

to cut long story short I have now recieved today court papers what do i do from here?

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who the claimant please

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok they are non-compliant with the requirements of the PoFA to claim from the keeper.

 

For a ticket slapped on the car they have to issue the notice to keeper between 29 and 56 days

after the day that was the cause of action.

 

 

As they wrote to you only 16 days after the event

they havent given the driver the required time to pay up or appeal so there is no keeper liability.

 

So, the first part of your defence is there is no keeper liability

due to non-compliance to the requirements of paras 5, 6 or para 8

(NTK where not possible to give ot ticket at time should be sent before 14 days have elapsed)

so only driver can be considered the debtor

 

 

and no evidence has been supplied to show that you were the driver at the time and you deny that you were.

 

secondly, Trethowans havent indicated who the creditor is so no compliance to para 5.1 so no right to claim under para 4

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Thanks for replys.

From the claim form N1 I have recieved.

 

Claimant- North Middlessex University Hospital Trust

Brief details of claim - Unpaid breach of contract notice.

Value40 plus intersest + costs

 

Amount claimed 41.31

Court fee 35

Legal representatives costs 50

total 123.31.

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  • 2 weeks later...

hello I have been down with flu for last week,

 

 

now have to get this back as soon as I can.

 

 

Should I send back notice of service to give me a little more time.

 

 

As am am still a bit unsure how to fill form and

 

 

what to write form what ericsbrother kindly pointed out was there flaws in time line.

 

 

Not quite sure what the refences are to.

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just send the form back ticking the box saying you intend to defend in full.

 

 

You do not need to say anything else at this time but

 

 

I would suggest that i the part where you can enter a defence just put

"no keeper liability as protocols of Protection of freedoms Act 2012 not followed".

 

This will allow them to consider whether they want to continue and lose a defended claim

or discontinue and save themseves not only the allocation fee but your costs as well.

 

You now only have 2 days to get the form back so hurry up.

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Do it online at MCOL if you have the option, relying on prompt postage at this time of year may be a bit risky.

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Thanks Guys I set up on MCOL,

but do not have a password on claim form to use online.

 

 

So am off to postoffice now to send defence form with defence filled in as ericsbrother suggested.

 

 

Will try to send registered and signed for, but dont think can as to a PO box.

 

 

Else will get proof of posting as I believe this is accepted it gets there 2 days after by courts.

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  • 3 weeks later...

Hello all hope you had good xmas and new year.

 

 

Mine went well then

 

 

this letter arrived today

been delayed by xmas post I guess

as dated 20 dec and postmarked 22.12

and needs to be back by 6th jan.

 

So bit tight but seems just a standard form.

 

Its a notice of proposed allocation to the small claims track.

Addessed to me but seems to refer to the claimants as it says.

 

1.This is now a defended claim.

The defendant has filled a defence, a copy of which is enclosed.

(which it wasn't)

 

2. It appears that the case is suitable for allocation to the small claims track.

.............

 

3.You must by 6th jan return form (n180 ).........

and serve copies on all other parties.

 

My Question is

 

 

do I have to send this back to them as well as court as says in last part.

 

 

And would agreeing to mediation be any good

 

 

I dont think so as Want them to drop case?

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you must enter mediation no excuses

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you can opt for mediation but I doubt they will accept. However, the hospital may well want to stop their losses and try and get something out of you and mediation allows you the opportunity to offer the prescribed fee if they feel that getting that is better than nothing at all and a bill for their solicitors services to boot.

When Trethowans lose the claim for the hospital you should be making complaints about wasting public money on this action as a taxpayer rather than as defendant.

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Thanks for repies I'll get this form filled in and the mediation one. Then get it sent off tomorrow to court.

But do I have to send copy to hospital as not given address to send or to trethowans who have address on original papers from court, or is that just for them?

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What will now happen is you will be given potenttial dates for a telephone call do discuss this with the mediator. they go back and forth between the parties and see where there is room for movement. In your case you require them to prove that the protocols of the PoFA were adhered to (they werent) and that they have strict proof of who the driver was at the time as there is no keeper liability as PoFA not adhered to by way of 1) signage to form a contract and indicate who the parties of any contract are. 2)notice to driver on vehicle 3) notice to keeper not sent in prescribed time frame. Also you would want to see sight of the contract between Hospital Trustees and parking co, if not the trust itself, to ascertain if all rights to take legal action has been assigned by the landlord. Also the amount claimed is a penalty is no contractual obligation via point 1)

You should not divulge who the driver was at the time unless that person is happy for you to do so and take on this matter themselves. Currently yours is a winning position when it comes to adherence to the protocols of the law they wish to use but the driver is more exposed.

They will undoubtedby be looking to collect the £13 and their court and professional fees as a minimum otherwise it wont be worth their while but you will be saving the difference between that and the £40 penalty charge.

With your position I doubt if they will want to admit being in the wrong and get nothing so it might well end up in court anyway.

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