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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 £60 fine was unlawful, 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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wild26

Lowell Claim form - old Vodafone debt***Claim Struck Out*** ?

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forget the tomlin then?

 

dx

 


..

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Check with your court and ask if a Tomlin Order was ever presented by the claimant to be sealed ?


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Is it possible for Lowell to make a fresh claim on this dept 

 

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they only get one bite at the cherry 

 

did you ring the court?

 

dx

 


..

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Yes I did 

they basically said the same thing 

it would have to be up to the judge to decide and in most cases it’s not worth the courts time 

so I guess we won 

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Hi there 

 

I just needed to know from these letters which i have uploaded can lowell enforce a signed tomlin order for repayment of dept at a later date even after a claim has been struck out at court?

i did ring the court and they said you cant enforce a tomlin order unless it is backed up with a claim. but i am going ring them again on monday morning just to be sure.

 

thanks for any advice giving. 

 

 

convert.pdf

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You need to ask the court what I advised in my last post....word for word.....given that the dates are so close on the Order and The Consent 8th /12th they could have crossed post and the Strike out may be an error.


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ok i will ring them tomorrow first thing

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If they say ...no nothing received....its struck out......if they say nothing received but we are 3 weeks behind with the post.....then its not over yet.....and the order may be rescinded.

Come back when you have definitive answer.

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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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ok i will do

 

thanks

 

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i rang the court and they said the tomlin order was received on the 9th january 2020 but not presented to the judge .

because neither party attended on the 13th january 2020 the claim was struck out  .

and that the claim on 23rd jan 2020 has been sent back to the judge awaiting their decision.

the thing is do i start paying them or do i wait ? 

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Quote

and that the claim on 23rd jan 2020 has been sent back to the judge awaiting their decision.

 

 

What claim ?..do you mean the Tomlin Order ?


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Sorry yes the tomlin order

but should I wait for the judge’s decision 

or start paying Lowell 

because I really don’t want to get a ccj

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I would wait the court's decision and approval ...but you could speak to Lowell and inform them of same if your payment date is approaching...because you dont want to default on the Tomlin Order...and ask they set a new start date subject to the courts approval.


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

 

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Payment date is tomorrow 28th January 2020  

I will ring and inform them tomorrow morning 

 

thanks for the advice 

Edited by wild26

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I would be ringing today......not on the due date.


We could do with some help from you.

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I rang them
we both agreed to wait for the judgment of the court. 
no ccj would be entered 

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:thumb:   Worth the phone call


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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