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Am I buggered? <scans attached>


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Personally, I would add rather more to the defence:

 

In addition to the not the driver defence I would add:

 

The defendant further contends that, notwithstanding the defence in the previous paragraphs the Claimant is not entitled to any sums due as any amounts due under any purported contracts are unenforcable penalties. In this regard the defendant will cite the decision in Excel Parking Services v Hetherington-Jakeman at Mansfield County Court in 2008 and rely inter alia the case law quoted in the judgment.

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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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Hello all

 

Right. Have the court date through from claimants OPC going through the small claims track.

 

I will be supplying copies of the letters sent to OPC and will be supplying the details of Excel Parking Services v Hetherington-Jakeman judgement.

 

Anything else I need to add, based on this thread?

 

Thanks as always!

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Problem is, the incident was a good few years back now. I've not asked her, but I personally wouldn't have a clue what I was doing two weeks ago!!

 

That should, in my eyes, work in your favour then.

 

It is up to the plaintiff to prove on the 'balance of probabilities' that both the car was at the place when the incident took place AND that the registered keeper was the driver to whom they have been corresponding.

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

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And yet, as reported over on MSE, this company is still sending out fake (i.e. unsealed) court papers. They must be one of the most incompetent PPCs on the planet.

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I trust that those from Watchdog who read through these threads actually picks up on this and "names and shames" - especially about the apparently false court documents OPC are apt to send out every now and then.

 

Watchdog seem to have caught onto the fact that these charges are not fines now let's hope they cut to the chase and show this up for the complete [problem] that it is.

 

Well done, SF

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Won!!

 

The judge quoted contract law at the OPC representative and dismissed the case!!

 

Thank you everyone for your help!!

 

:D

Another great result, well done.

regards

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

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