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harni

Cpm windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth

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No they didn’t however that is due to the fact I didn’t request it.

 

During my research before sending it, I was under the impression they were not in a position where they had to release that information however I realise now that I should have requested that. 


As DX has kindly confirmed, it’s due 27th so I do still have some time but want to start refining (and not make silly mistakes!)

 

I’m convinced here they have really stitched themselves up but need to cover all bases

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But they will have to produce it regardless to you requesting or not if the claim progresses to the disclosure stage

 

so dont sweat about that


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you need to put somewhere in your witness statement that you do not believe that they have the necessary permissions and contract and  that they have failed to show LOCUS STANDI to bring this matter to court.

 

that will put them on the back foot and certainly if the judeg doesnt ask them to provide evidence you should be ramming this point home in your oral submission on the day.

 

Better though to try and force the issue before that day, they may very well drop the matter once they have a copy of your WS in their hands

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Im due to submit my defence on MCOL in a few days and have the defence below.

I would appreciate any criticisms or improvements.

 

In reference to point 3, the claimant has actually provided me with a letter stating that double parking IS acceptable.

Do i include this or leave that to later down the line at WS stage?

 

 

Defence.pdf

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are you an archaeologist? if not where did you dig up that old relic of an outline defence?

 

come on, reread the thread on the forum and choose somehting that fits your circumstance better.

 

so I would suggest

1. the claimant has failed to show a cause for action as they have not shown they have a right to enter into contracts with the public nor to make claims in their own name. The defendant does not believe they have locus stando in this matter.

 

2  In any case there was no breach of the contract offered by the defendant.

 

3 the claimant offered individual terms that override the signage at the site so the terms in that contract were adhered to and thus no cause for action by way of a breach of contract

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thank you Eric for the advice.

 

Yours sounds much better and to the point!

 

I will be submitting defence this evening and see how we get on from there.

They have still been hassling with persistent calls and letters!

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Harni... just a slight correction to EB's defence - it's "locus standi", not stando.

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I did notice that but thanks for correcting

 

although I’m sure I could spell it however I wanted and they would still ignore and carry on with this rediculous claim!

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One thing you might want to consider is the claimant's reason for the charge, as mentioned in your appeal - being that parking was not allowed in the area your vehicle was parked. This is prohibitive, this not an offer of contract at all. You could also argue that the signage did not apply to the side of the carpark where you were parked, thus no terms of parking applied.

 

It's always as well to have  as many angles of defence as you can.

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my main two reasons here as I see it are the fact that all PCNs were issued for the reason of double parking where their terms and conditions do not prohibit this and they have sent a letter stating this is acceptable in the undercroft spaces (which mine is) and also the map they supplied during an appeal does not cover my space. 
 

Im not sure if I could use this as well in a way but someone who parks opposite me has always parked a motorbike and car in their space and has never had a ticket for double parking so in my eyes, they are just trying to push their luck. Obviously I would struggle to evidence this though. 
 

since all of this kicked off, they have altered the signage to include no double parking and whilst I have an argument with the building management over this, I have stopped parking there since then. I do however expect them to try and use their updated signage in the case. 

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Regards the signage - you have a copy of the original signage posted on here, so use that against them. A judge won't take kindly to them trying to mislead in that way.

 

Ultimately, if it states on the ticket that the reason was double parking, then that's what you are defending against. Is that what it explicitly states on the tickets?

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so double parking not a conditionon the sign= no contract to breach.

You can expand on this (point 2) but be careful not to be too specific in case they try and dig up another excuse that you havent got covered.

 

the other thing is if the claim doesnt specify what it is you have done to breach the contract you can state this and ask that the court use its powers under CPR 3.4. Add this after the other defence points as it isnt part of your defence or send it as a separate letter. It may well get filed with the other paperwork unread until much later but that wont hurt you any, just drag things out a bit more

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16 hours ago, shamrocker said:

Ultimately, if it states on the ticket that the reason was double parking, then that's what you are defending against. Is that what it explicitly states on the tickets?

 

Correct. Every ticket states double parking and there is no mention whatsoever about blocking the road way however in their replies to my appeals, they always avoided the point of the double parking and made it about overhanging onto the road way (which i wasnt anyway). As far as i can see, they really do not have a leg to stand on!

 

3 hours ago, ericsbrother said:

the other thing is if the claim doesnt specify what it is you have done to breach the contract you can state this and ask that the court use its powers under CPR 3.4. Add this after the other defence points as it isnt part of your defence or send it as a separate letter. It may well get filed with the other paperwork unread until much later but that wont hurt you any, just drag things out a bit more

 

Their claim form just references contraventions. Nothing to say I've parked inconsiderately or double parked so again, i really cant see them having a leg to stand on!

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then there cant be a contravention of a term that doe4snt exist

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Exactly as i thought. I just need to convince the judge this is the case (unless they pull out before this stage)

 

Received a letter a few days ago from the courts acknowledging receipt of my defence and that it's being served to the claimant giving them 28 days if they wish to continue. Other than preparing and gathering evidence for my WS, i assume at this point its a case of sit back and wait for the next communication?

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yep, keep an eye on the clock and if they dont pay the hearing fee you ask that the claim be chucked out. It should automatically get stayed but in reality they get given more time and somethime even prompts to pay up before it happens

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is this something I can track on MCOL?

Will it show in the status when they pay?

 

I’ve just had a letter from BW legal stating CPM are proceeding and they have been really kind and offered for me to pay the full balance and the best bit? I can even pay in instalments if I’m hard up!

How kind

 

am I just waiting for their directions now they have told me they are proceeding?

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mcol ended at allocation to CC.

begging letter.

 

ring the day after the fee is due


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Might even get a suggestion to proceed on the papers, if they copy Gladdy's busted MO.  On The Papers is always a desperate bid to stop their dodgy POC, and WS being challenged at a hearing.


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That won’t be happening. I have full intention to see these clowns in court.

 

Am I correct in thinking they have 28 days from the last day of submitting defence to pay up otherwise I can request it’s struck out?

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no read the letter that came from the court acking the receipt of your defence

 

dx


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today i have received from Northampton the N180 form.

 

From my research on here, im aware of what i need to do with filling the form out and returning it to the court, claimant and a copy for myself

 

however as i have not yet received BW legals copy, do i wait before submitting mine?

 

Reason i say this is that i am sort of expecting them to request a hearing on the papers, something which i'm not having.

If they request this and ive already sent in my N180, can i write to the court separately to decline this?

 

Also, just an odd thought here which id like some views on.

Their signage on the site has always said (and still does even modified to not allow double parking) that a valid permit must be displayed. Permits have never ever been issued to anyone on this site.

 

Now the reason i say this is i know its completely unrelated to my case in that they aren't chasing me for that but what it says to me is they're T&C's don't really apply to this site and that it just evidences more and more that they seem to be making rules up as they go along.

 

Am i barking up the wrong tree here with an additional line of defence?

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do the n180

makes no odds 

 

await the n157

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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There is a space for comment on the N180 where you can state that you wish to object to any request by the Claimant for an "on the papers" hearing.

I wouldn't worry about the permits term, as the non-display of a permit is not the apparent cause for action against you. Have you sent them a CPR request for documentation?

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Thanks guys. CPR was sent off and reply received which they have perfectly evidenced my point for me in!

 

ill send off the N180 then. Cheers for your help

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