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OPS/Gladstones ANPR PCN Claimform - Broadwater Street West in Worthing, West Sussex

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the counterclaim is the worst thing you could have possibly done, the reason, the amount and even just the action are almost certainly doomed. What it has done is cost you money and made it a certainly they will continue with their claim becasue now they CANT back out.

 

if you had just responded to their claim they would have had their bluff called and they would have dropped the matter as being uneconomical.

 

Now they can afford to hire a good solicitor and get that cost from you whether they win their claim or not just because they will beat the counterclaim.

 

your use of the wording about contributing to somehting will be something that is your undoing even if the illness was provable, how much did it contribute? 1%? so who are you claiming the other £4950.00 from? You have to quantify things and that means being exact.

 

You should read more on parking, it is not about justice or even parking, it is about CONTRACTS

 

I'm sorry but you should have flown it past us first

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Hi Ericsbrother

 

Thank you for your post.  

I did seek help here before submitting.

Unfortunately I didn't know the Counterclaim would be part of the online form until I had completed the Defence section and having waited all day to get some advice about the defence from our family solicitor, who didn't say anything about Counterclaim, there was no time left to ask. 

 

At the end of the day I let emotion get the better of me and I messed up.

 

What can I do now to minimise the damage?

Should I hire a solicitor?

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We could do with some help from you.

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you don't need a solicitors and should never use one, they rarely have any idea upon what they are doing regarding these speculative invoice court claims.

 

you were given specific advice upon what defence to file from post 61 onwards

we never said anything about counterclaiming and neither did you indicate you were consulting external legal advice...

 

you did POST that CPR and have not given or used any email address toward gladstones nor OPS have you?

 

dx

 


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

 

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Thank you for that link Andyorch - I will complete it when I get home.

Do I send it to Gladstones as well as the Court? 

Is it a way out with minimal damage?

 

Hi dx100uk.

I posted the CPR to the Court and Gladstones.

I did email an initial version of my defence to Gladstones in error - as covered in posts above. Nothing to OPS.

I am in no way blaming anyone here for filing the Counterclaim; it's appearance in the online form did surprise me and with no time left to ask I made the wrong decision.

 

My family insisted I ask our family solicitor so we had a 5 minute conversation.

Apart from that I have relied on and continue to follow the advice here for which I am very grateful. 

 

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who said send a CPR to the court?

 

dx

 


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

 

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Sorry, it was the Notice of Proposed Allocation that I posted to Gladstones and the Court.

 

The CPR I emailed to Gladstones by mistake; see post #83 for their response via email.

 

After that I received the bundle via email and one further email responding to my Counterclaim.

 

I then informed them that I would be blocking them and haven't received any further comms.

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Quote

Do I send it to Gladstones as well as the Court? 

Is it a way out with minimal damage?

 

Yes.....you just lose your Part 20 fee.

 

Quote

Sorry, it was the Notice of Proposed Allocation that I posted to Gladstones and the Court.

 

 

You mean your Directions Questionnaire N180


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Good morning CAGgers

 

A couple of easy questions for you, asked only to avoid adding to my tally of errors:

 

1. Filling in the Notice of Discontinuance N279 for my Counterclaim, am I the Claimant and One Parking Solution the Defendant?

 

2. I post the completed form to the County Court at XXXX (as opposed to the Business Centre) and Gladstones?

 

Many thanks

 

15 hours ago, Andyorch said:

 

Yes.....you just lose your Part 20 fee.

 

You mean your Directions Questionnaire N180

 

Thank you Andyorch. Yes I meant N180 😞 - I posted that to the Court and Gladstones.

 

Third question: do I leave this section blank for the court to fill in?

 

(....................................................................... (enter name of Judge) granted permission for the claimant to discontinue (all) (part) of this (claim)(counterclaim) by order dated ........................................................)

 

Many thanks

 

KaBoom

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You are the defendant...scratch out ( claim ) leave counter claim.If the claim has been transferred to your local court it goes there...if its still at CCBC then there and yes a copy on the claimants solicitor...and yes you leave the above blank.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Ok I get it: I am the Defendant and I'm Discontinuing my CounterClaim against the Claimant.

 

I had a Notice of Transferral to XXXX County Court so I will send it there.

 

Thank you v much Andyorch

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On 11/02/2020 at 09:16, KaBoom!!! said:

Hi Ericsbrother

 

Thank you for your post.  

I did seek help here before submitting.

Unfortunately I didn't know the Counterclaim would be part of the online form until I had completed the Defence section and having waited all day to get some advice about the defence from our family solicitor, who didn't say anything about Counterclaim, there was no time left to ask. 

 

At the end of the day I let emotion get the better of me and I messed up.

 

What can I do now to minimise the damage?

Should I hire a solicitor?

So having NOT asked 2 different groups you went ahead anyway. You have to read things carefully and fully understand them before you act. BTW I have yet to meet a solicitr who deals with parking matters and the most likey advice you will get from them is "you wwere offered a contract so you ahve to pay" when that is the most unlikey assertion.

 

Now have you noticed that the siganeg shows they are memebrs fo the BPA then they arent? I diotn mena the associate membership shown on the sign with the IPC logo but the other sign.

 

Now this gives them problems as you are entitled to appeal to the BPA and yet they didnt tell you this so you cantell the court that you werent allowed an appeal as per the requirements of the POFA and that menas NO liability for the bill can be created. Also the sign stating the parking charge doesnt ahve the full contractual conditiosn on it so they dont apply to the offer and consideration of the contract. 

 

You will need to go throught thsi sign by sign and explain why it isnt a  valid contract and at best an "invitation to treat" so read up on that as well.

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