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    • Okay I have just started to write a draft to put together as defence:   In The County Court   Claim No: XXXXXXX Between XXXXXXXXXXX (Claimant) -and- XXXXXXXX (Defendant) ____________ DEFENCE ____________ 1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. 2. Based on the deficient Particulars of Claim, it is believed that the claim relates to a purported debt as the result of the issue of a Parking Charge Notice (PCN) to the driver of the vehicle XXXX XXX, parked at XXX. 3. It is admitted that the Defendant was the registered keeper of the vehicle in question, at the time of the alleged issuing of the Parking Charge Notice (PCN). 4. The Particulars of Claim does not state whether they believe the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the Particulars of Claim do not meet the requirements of Practice Direction 16 7.5 as there is no mention of anything which specifies how the terms were breached. 5. It is denied that: a) A contract was formed b) There was an agreement to pay a parking charge. c) That there were Terms and Conditions prominently displayed around the site. d) That in addition to the parking charge there was an agreement to pay additional and unspecified additional sums. e)The claimant company fully complied with their obligations within the British Parking Association Code of Practice of which they were member at the time. 6. The Defendant did not enter into any ‘agreement on the charge’, no consideration or communication took place between the parties and therefore no contract was established. 7. The Defendant denies that they would have agreed to pay the original demand of £100 to agree to the alleged contract had the terms and conditions of the contract been properly displayed and accessible. 8. Due to the sparseness of the Particulars of Claim, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct. 9. Further and in the alternative, it is denied that the claimant’s signage set out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.       Statement of Truth: I believe that the facts stated in this Defence are true. Name Signature Date     I need to add that there is no contract with the company, I am unable to confirm terms and conditions as you need to display the permit whilst using facilities on site, the car park in question is free,  the parking company have no proof of loss, they are abuse of process, I wasn't named as being the driver, I have no PCN or any of their solicitor until the claim form came through the post. 
    • scroll up to  ericsbrother post of February 10    a good start.   dx      
    • you have now said twice in posts you have been fined. that shows you haven't been reading up here on private parking claimform threads at all.   use our custom google search box that comes up after you hit our top squares logo.   type in   PCM Claimform.   theN READ as many threads as you can.   you should spot that when people file a defence  its one that has about 3 - 5 simple very basic short lines. and that is one that is applicable to the claimant and the type of parking claim in their poc they are making    you don't file early!!   you have 2 weeks to work this out   post it up here 1st please    
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
    • don't forget we have a custom google search box here   https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=pcn disabled bay&oq=pcn disabled bay&gs_l=partner-generic.12...89905.96346.0.98117.5.5.0.0.0.0.132.411.4j1.5.0.gsnos%2Cn%3D13...0.6527j13191631j6j2...1.34.partner-generic..5.0.0.NzHqsz5KVoY
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colin1096

Buying mums house

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Sorry if i have posted this in the wrong section but here goes .

 

Me and my partner currently live with my mum in her house . The house is paid in full and my father has passed away .

 

My mum wants me to buy the house for £160,000 so she can give my 2 brothers and other sister £40k which is their inheritancelink3.gif and £40k back to me. I have about 50k in the bank so we said we would buy the house for £120k thats with my inheritance off and i would get a mortgage for 70k which me and my partner could afford easily with my 50k deposit against the mortgagelink3.gif .

 

I rang halifaxlink3.gif and they agreed and everything was fine with the mortgage . I went in to see them today and when they heard i was buying my mums house they said that i wouldnt be able too . My mother is 77 and when i buy the house will continue living with me untill she passes away . Me and my partner are happy for this to happen plus we get on the property ladder . The bank said that with my mothers age that this was not possible .

 

We are totally gobsmacked and wondered if any one knew another way around this .

 

Thanks in advance

Edited by honeybee13
Paras

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Hello there, I'm sorry to hear about your problems.

 

I don't quite understand why your mother's age stops you buying the house. Do you have anything in writing from the Halifax please?

 

HB


Illegitimi non carborundum

 

 

 

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they said its all to do with the 7 year law if she gets ill in that period and has to go into care then i could lose the house

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Ah, thank you for that.

 

It sounds as if they're worried about your mum giving the money away now and asking the local authority to pay for her care if she needs it later, which would come under the Deprivation of Capital rules.

 

I'm not quite sure of the connection with the mortgage atm, I'm sure others will know.

 

HB


Illegitimi non carborundum

 

 

 

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But the seven year rule they're talking about I would think could be inheritance tax, I didn't think there was a time limit for deprivation of capital.

 

As I said, it would be interesting to see anything in writing [anonymised] from the Halifax.

 

HB


Illegitimi non carborundum

 

 

 

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ah, the so called 'dementia tax' issue?


IMO

:-):rant:

 

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I'm not sure it's as new as that, Ford. Local authorities have been able to claim deprivation of capital for a long time.

 

HB


Illegitimi non carborundum

 

 

 

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but didn't the rules change more recently, more against joe public as usual. (if someone has assets required to pay for their care, then reduce their tax/ni conts)

i don't know


IMO

:-):rant:

 

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But the seven year rule they're talking about I would think could be inheritance tax, I didn't think there was a time limit for deprivation of capital.

 

The mother would still have a beneficial interest in the house for as long as she remains there. As a consequence, HMRC and the local authority would see any transaction as a "gift with reservation". Depending on the value of her assets when she dies, the value of the property could mean the estate is liable for Inheritance Tax (I don't think the seven year rule would apply in this situation). The LA would also be keen to take action if the mother required care.

 

The OP should take qualified legal advice from an expert in this area. A conveyancing lawyer is unlikely to have the expertise, so I'd suggest a solicitor that is conversant with trust, inheritance tax, and estate planning. But do bear in mind, the rules could change, so a regular review would be essential.


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