Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • By the way you wrote that post, i can see that you are as confused by the situation as someone reading it. Important advice must be not to pay for any flights etc, until they understand the situation fully. Those that have British passports could be entitled to receive UK benefits. However, nothing is that straightforward. The passport does guarantee anything. The daughter could be entitled to Universal Credit ( which includes housing) as a British passport holder, but this can only be confirmed when she has gone through the Habitual Residency test (HRT). So you will need to read about HRT for British passport holders returning to the UK. There will be requirements to provide information about why they are returning to the UK and what work searches have they done to find work on their return to the UK. In regard to the mother who has a British passport, you will be correct in presuming that no council is going to be helpful in paying for the care home fees immediately on arrival in the UK. When did the mother last live in the UK ? When did the mother last work in the UK ? British embassy in South Africa may be able to provide information and assist with applications ? Just getting on a plane, landing in the UK and expecting help to resolve their situation, would be a silly thing to do. I can see the mother ending up in an NHS hospital for a period, while people wondered how they were going to deal with the situation. Probably not the first to do this, but if the mother also has a South African passport, they could put her on a plane back to SA and then the Daughter would be a difficult situation. Embassy in South Africa must be first place of advice.
    • There are online forums for people moving from South Africa to the UK. This is one of them.   https://moveup.co.za/2019/03/08/how-to-move-to-the-uk-a-step-by-step-guide/   If you want to speak to a social worker you could try the local council.   HB
    • This is not our issue, but an issue with a friend.  Our friend is living in South Africa and now suffers from dementia and is in a home.  The daughter has been paying for the home however the daughter was made redundant and has a child to support.  Daughter's husband keeps kicking her out of the house with the 3 year old boy and daughter had nowhere to go. The mother and daughter both have British passports.  Mother and father(now deceased) are British born, but daughter was born in South Africa.   The 3 year old was born in in South Africa.  Daughter is now broke and cannot keep the mother in a home any longer.  Daughter wants to return to the UK where she did live for several years previously so had NI number etc. however not sure what she can do with her mother.  The other issue is that the father is trying to get custody of the child so another issue. We, on behalf of the daughter who phoned us this morning, want to discuss with a social worker the options if any that may be open as on arrival here the mother will need to go straight into a home.  We can offer the daughter and child temporary accommodation with us.  Who should we contact? A very complicated scenario that normally we would not involved ourselves with as we are in our late sixties, retired and not that much money in the bank. 
    • They’re reporting it as the first case caught in the UK.  How do they know?  It may be the first case as such needing medical attention but surely that’s all they can say.  There could be cases where the symptoms were so mild they’ve gone unnoticed.
  • Our picks

Karalius

CEL ANPR PCN claimform - no permit -Fox restrnt Connault Hse Hotel Lynx way Lon E16 1JR ***Claim Discontinued***

Recommended Posts

Look, you arent going to get a court date this side of christmas so dont worry about your holiday. the courts wont even send you the allocation questionnaire that soon if things are normal.

 

All you need to submit at the moment is an outline of your defence and that will be a couple of bullet points plus a request that the court use its management powers to dismiss the claim as having no merit by its own voilition as the POC is inadequate and the whole thing an abuse of Civil Procedure.

 

so what do you have- no keeper liability and you werent the driver. Inadequate signage, signage not compliant with POFA/ATA CoP so no contract can be performed by CEL. Also hotel refused to give customer permit so no contract can be formed ( doesnt say you have to display permit or get it before parking and you were refused help from hotel)

 

We are happy to help but this is not our court case so you need to knuckle down and do some proper reading up of your own as you ahve already been told. if you dotn understand it how can you talk about it in dec/jan if they do decide to break the habit of a lifetime and turn up?

 

Also have you slagged the hotel chain off online yet? facebook, twitter etc. open a twitter account jusy to do this if necessary. Ideally you want to make them think you will drag them along as witnesses ( law allows it but you have more chance of going to the moon than getting that enforced unless you qualify for legal aid). When you beat CEL you can go bakc and gloat and tell them that their parking management co are dishonest and uselesss to boot (no need to get your libel lawyers on standby, just look at the sig for the statement of truth or lack of it)

Share this post


Link to post
Share on other sites
8 hours ago, dx100uk said:

no 19th sept

 

dx

 

dx - should that be August?

 

Oh and Karalius - the 33 days includes EVERY day - weekends, bank holidays, even your dog's birthday.

Edited by Mrs O'Frog
Note to K added

Share this post


Link to post
Share on other sites

yea august silly me.

 


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

 

Share this post


Link to post
Share on other sites

Thank you all, I appreciate the help. I will start reading and looking at my case more deeply, then start building up the defence. 

 

Thank you for the valid points Eric. Should this defence be submitted last day before the due date (18th August) or advisable to do so earlier? 

 

Many thanks and I will post my defence for review once I have collected all the evidence and read up more on it. 

Share this post


Link to post
Share on other sites

Have you snet CEL a CPR 31.14 request for documents?

If you havent then it wont matter when you submit the outline defence. the idea of waiting until the last knockings is to give time for them to respond and then use the lack of response against them.

If you have you dont delay beyond the time you can submit your defence just to wait for them to do or not do something

Share this post


Link to post
Share on other sites

Yes have sent it on the same day as DX suggested, 22nd of July. 

Share this post


Link to post
Share on other sites

nOk, so whe you submit your outline defence you add the point

 

the defendant does not believe the claimant has locus standi in this matter as they have failed to show  an assignment from the landowner to them to enter into contracts with the public and to make civil claims in their own name and likewise the necessary planning consent for their signage and equipment as required under the Town and Country Planning Act 2007 and  these also  being requisites the BPA Code of Practice.

 

they will have responded if they were going to so safe to sub ,it your defence points.

 

Post them up here before you actually submit them, we might want to suggest tweaks

Share this post


Link to post
Share on other sites

Good morning all,

 

I have wrote out a defence points and added the points as suggested by Eric. Can someone please review and advise if this is good enough. I will then post this on Sunday 18th before the deadline. The only thing I'm worried about adding the point 1.4 is that there is a sign below CEL that says "Connaught customers please register your vehicle at the reception desk to avoid a parking fine", but I guess this point is not valid and does not come together with the contract signs. 

 

Looking forward to your thoughts.

 

Best wishes

 

1.       Order dismissing the Claim

1.1 I request that the court use its management powers to dismiss the claim, as claim by the Claimant has no merit by its own violation, as particulars of claim are inadequate to determine what is being claimed and why action has been taken against the defendant as there no keeper liability in this matter and I were not the driver at the time. The claim is abuse of Civil Procedure

1.2 Inadequate signage – signage is not compliant with POFA/ATA CoP so no contract can be performed by the claimant. I could not have accepted contractual obligation and also the amount claimed then becomes a penalty as it is clearly there to act as deterrent and not a genuine offer to park

1.3 The amount claimed is different from the contractual sum if indeed the contract was offered to anyone. Refer to POFA para 9(2) and the amount being greater than the amount specified at the time

1.4 Hotel refused to give permit so no contract can be formed

1.5 The defendant does not believe the claimant has locus standi in this matter as they have failed to show an assignment from the landowner to them to enter into contracts with the public and to make civil claims in their own name and likewise the necessary planning consent for their signage and equipment as required under the Town and Country Planning Act 2007 and these also being requisites the BPA Code of Practice.

Share this post


Link to post
Share on other sites

Is that a Defence or a Draft Order ?

 

Looks like a draft order as per your heading and cannot be considered as a CPR compliant defence ?

 

Andy


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

Share this post


Link to post
Share on other sites

It's supposed to be defence, but as Eric suggested that I should mentioned the court to dismiss the claim I have added "order to dismiss the claim". 

 

I am sorry, but I have ever only wrote the defence out once in my life time and not very knowledgeable about the courts. 

Share this post


Link to post
Share on other sites

So lose the "Order", just put in your defence that you request or invite the court to dismiss under their powers ....... and cite what they are and why.

 

Volition not violation.

 

Check for missing words and grammar ("as there no keeper liability", "I were not the driver" for starters)

 

in 1.2 you out yourself as the driver?

 

in 1.3 you say refer POFA, but in 1.1 you say no keeper liability - I assume for POFA fails? They won't be digging out POFA at this stage so no good telling them to refer, you state that they have failed to meet the conditions therefore no keeper liability. Did they just say you were driver or keeper in the poc (save me looking back)? If so there's something for you to jump on.

 

1.5 Point out that you asked for these in your CPR 31.14 and they did not respond/refused to provide (as applicable).

Share this post


Link to post
Share on other sites

Hi O'Frog, thanks for above. I have slightly polished and changed the wording on the defence, may you please review and advise if this is ok? 

 

Would I be right citing that the court use it's management powers under Rule 3.1 to dismiss this claim? 

 

1.2 I was not the driver. So, should I remove the part "I could not have accepted contractual obligation and also the amount claimed then becomes a penalty as it is clearly there to act as deterrent and not a genuine offer to park" and leave it only as "Inadequate signage – signage is not compliant with POFA/ATA CoP so no contract can be performed by the claimant"

 

1.3 In POC it does not state if I was the driver or the keeper. It states "Claim for monies relating to a Parking Charge for parking in a private car park managed by the Claimant in breach of the terms + conditions (T+Cs)."

 

 

1 DEFENCE

1.1 I request that the court use its management powers under rule 3.1 to dismiss the claim, as claim by the Claimant has no merit by its own volition, as particulars of claim are inadequate to determine what is being claimed and why action has been taken against the defendant as there is no keeper liability in this matter. The claim is abuse of Civil Procedure

1.2 Inadequate signage – signage is not compliant with POFA/ATA CoP so no contract can be performed by the claimant.

1.3 The claimant has failed to meet the conditions, therefore there is no keeper liability in this matter

1.4 Hotel refused to give permit so no contract can be formed

1.5 The defendant does not believe the claimant has locus standi in this matter as they have failed to show an assignment from the landowner to them to enter into contracts with the public and to make civil claims in their own name and likewise the necessary planning consent for their signage and equipment as required under the Town and Country Planning Act 2007 and these also being requisites the BPA Code of Practice. Claimant has failed to respond and provide proof under CPR 31.14 request.

 

 

 

Share this post


Link to post
Share on other sites

No, you add this at the bottom of your defence and that will be the usual short one of  The claimant has failed to identify the driver at the time and as they do not rely upon the POFA to create a keeper liability there is no cause for action against the defendantas they were not the driver at the time

in any case no contract offered by the claimany by way of signage at the site so therefore no breach of contract

The you can say the signage is prohibitive in nature, not a genuine offer of parking terms

the you state you dont believe they have locus standi in this matter as they have failed to show sight of a contract with the landowner  that assigns the right to enter into contracts with the public and to make civil claims in their own name as per a CPR 31.14 request.

and then you put the bit about their crap POC and ask for the courts to dismiss using their powers under CPR 3.4

 

 

what i wouldnt say is the hotel refused to give you a permit. You do not mention anything about who was there or driving or why they were at the place. It might be needed later but only in response to their witness statement as you are not going to drop your missus in the mire as they may well stop thsi claim adn start a new one against her

Share this post


Link to post
Share on other sites

Eric, many thanks for taking your time to write this out. I agree about not mentioning my partner. Stupid for suggesting that the hotel refused to give permit as it would then make me a keeper at the time. 

 

Can you please advise if I am right that specifically paragraph 5 of POFA is where CEL fails to identify me as the driver? 

 

Right, I have copied and retyped everything. I believe this makes sense to me if I were to be questioned in the court. Does this seem ok? 

 

1. DEFENCE

 

1.1 The Claimant has failed to identify the driver at the time as they do not rely upon the POFA to create a keeper liability and there is no cause for action against the defendant as they were not the driver at the time.

 

1.2 In any case no contract offered by the claimant by way of signage at the site so therefore no breach of contract.

 

1.3 The signage is prohibitive in nature and not a genuine offer of parking terms.

 

1.4 The defendant does not believe the claimant has locus standi in this matter as they have failed to show sight of a contract with the landowner that assigns the right to enter into contracts with the public and to make civil claims in their own name as per CPR 31.14 request sent on 22nd of July 2019.

 

1.5 I invite that the court use its management powers under CPR 3.4 to dismiss the claim, as claim by the Claimant has no merit by its own volition, as particulars of claim are so poor and inadequate to determine what is being claimed and why action has been taken against the defendant as there is no keeper liability in this matter. The claim is abuse of Civil Procedure

 

Share this post


Link to post
Share on other sites

1.1 The Claimant has failed to identify the driver at the time and as they do not rely upon the POFA to create a keeper liability,  there is no cause for action against the defendant who was not the driver at the time.

 

Suggest the above which I think is what you were wishing to say.

Edited by Gick
grammer

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

Share this post


Link to post
Share on other sites

That's more like it Gick, covers the basis and allows Karalius expansion at WS stage, Less is more atm,


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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

the last bit is not part of your defence so no number for the paragraph wanted.

It is a request, if it was your defence they will send you a N244 and demand £255 for reading it.

Please try and follow what people are trying to tell you very carefully

Share this post


Link to post
Share on other sites

Thank you everyone for chipping in with remarks and advise. I understand your message Eric, my apologies I will take that in consideration. I am not being arrogant here, just haven't had experience in dealing with many of these situations, especially the courts. 

 

Should I have this defence posted now or wait till Sunday 18th before the deadline of Monday 19th August? 

 

Thanks 

Share this post


Link to post
Share on other sites

on mcol website

 

dx


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

 

Share this post


Link to post
Share on other sites

Thanks both, I will do that right now on MCOL website. Eric, just to clarify this should be also sent to CEL via post? If so, registered post/to be signed for or just normal first class and keep receipt?

Edited by Karalius
Made mistake

Share this post


Link to post
Share on other sites

ordinary post.

read up on service of documents and you will then realise that a letter is deemed delivered 2 working days after it is posted. We suggest that you get a POP receipt at the post office just in case but your service is just a courtesy as they can read it online and the law says they ahve even if they cant be bothered to as they used the onlne court claims system

Share this post


Link to post
Share on other sites

Thank you, I will look it over when I get home from work. I have posted the defence on MCOL and also to CEL directly :)

 

Have a great weekend guys! I appreciate all the help this community has provided, and I mean that! Without you all I would have definitely bowed to these cowboys and paid up! 

Share this post


Link to post
Share on other sites

Hello guys,

 

Hoping all is well, please can someone give me advise. 

 

I have just returned from holidays today 21 sept - 8th Oct. I had found letter from courts served on day I left request to complete form N180 by 8th of October (today). 

 

How big problem will this cause me if I do not send this out until tomorrow, or do I even need to now?

 

A1 - should the answer be yes?

D1 - how should I choose the court that I want? can I just put one down that is close to my work for example? 

 

 

Thanks

 

 

Scannable_Document_on_8_Oct_2019_at_22_09_59.pdf

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...