backdoor UKCPM/gladstones windscreen PCN CCJ - farnborough Central Merlin Rd Hamps GU14 7

[Dodiqq]

Ok. Ill make it short and sweet

 

I can  now redo and post it  here tomorrow morning

 

Thank you so much 

Edited November 19, 2019 by Dodiqq

[dx100uk]

Anything else is for later if it progresses

 

I am the registered keeper of vehicle make/reg

Needs to be with your 1st lines

 

[Dodiqq]

Draft Defence_v2.pdf

 

Abuse of process - should that be as part of defence?

Should this be mentioned in witness statement?

[honeybee13]

Without reading the whole of your thread, I'm not sure which stage you're at, but that document reads like a witness statement.

 

Have you submitted a defence to the case?

 

HB

[Dodiqq]

I'm confused Honeybee.

 

The witness statement is to ask why I didn't respond to court documents, is it not?

 

The defence is what I would have submitted as defence to the Claim Particulars should I have been given the chance? I cannot submit a defence without seeing the documents supporting the claim. I have therefore, in the previous version of the Draft Defence stated that

"2.1.3 Consequently, any correspondence from the Claimant or Claimant’s Agents would be misleading, resulting in procedural impropriety.

2.1.4 Consequentially, any evidence that Claimant may have of the vehicle registration XXXXX would not be in support of the Claim Particulars."

I'm at the stage when I need to submit the N244 ASAP,  and aim for a strike out to get my best shot to get a mortgage in time.

[honeybee13]

Thank you for the clarification, people should be along to advise later.

 

HB

[Dodiqq]

OK can we tackle this one by one then please.

I will  please need some guidance here as have never filed such form, I'm sorry

 

DRAFT ORDER 

01.   Item no. 1 - retain "struck out or heard at re-hearing" or delete the struck out?

02 .  Item no. 4 - should this be included? or how else to write it?

 

In Witness statement I am saying 

 

I am XXXX XXXX, of MY ADDRESS NO.3 and I am the Defendant in this matter.

 

This my Witness Statement in support of my application dated XX November 2019 to:

1.Set aside the Default Judgement dated 14 August 2019 as I was not properly served at my current address and I am given leave to file a defence, copy of which is attached to the application.

 

2. Order for the original claim to be dismissed or Set Aside to be re-heard at a new hearing; on the basis that the Defendant has a reasonable defence.

3. Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee and refund of any illegal fees paid by Defendant to Newlyn Debt Collection Ltd pursuant to the Default County Court Judgment of 14^th August 2019 and reasonable Defendant’s costs required to set aside the Default Judgment

 

03. Are points 1-3 to be repeated exactly in the Draft Order?

 

I have deleted some information and make it clearer,  but now I really don't know what more to do.

Spent the evening putting the Exhibits together.

 

 

 

Please?

 

Another question as to whether the initial Formal Demand Letter issued to previous address ma question how I got my hands on it in the first place.... 

 

I really am anxious to send this as this prolonged stress really impacts on my well-being.

If I can submit end of today that would give enough time to get it to court on time Friday & process.

 

Any final comments?

191014_witness statement_v06.pdfDraft Defencev4.pdf

[ericsbrother]

I have read through your draft defence and the key point is the wrong location and lack of locus for the claimant.

All of the bit about abuse of process is by the by because if the judgement is set aside and you win the rematch they will have to pay you back all of the money and your costs anyway so although the statement is true it just muddies the waters a little.

 

There should be a simpler way of just explaining that you have paid up and are seeking to recover this money,

it doesnt really bother you who has to pay it back and if the claimant loses more money because they have employed a bunch of chancers to do their dirty work then tough luck to them.

 

I would include any photographic evidence  you have as well,

if you get the set aside you can go for a summary decision on the back of it if you are prepared and they have someone representing them.

 

Often they wont be properly prepared for a full interrogation so make sure that you are up for it by giving the court everything you have at this point.

 

That also stops them ambushing you.

[Dodiqq]

Thanks for reply!

 

This is the content of exhibits with photos and location, the rest of the documents is as per submitted post on Page of 1 of the thread.

 

Exhibits - anonim_compressed.pdf

 

I know it's "by the way" but I hope to discourage the Claimant for pursuing it AND I just need more reason for court to strike it out NOT JUST SET ASIDE - I AM RACING AGAINST TIME HERE!

 

Well, I can give a detailed explanation of this in witness statement to give a bit of context and a I can make a briefer one in defence. 

 

When you say, give it all, does it mean I should include the email from the facilities manager saying it is not in their management or not? Sounds like a sidetrack.

 

 

[dx100uk]

their poc says merlin road

 

where are you claiming the photos of your parked car on ther NTK are taken

to me it looks like merlin road

 

in post one you've changed the poc to say FAKE road. why?

 

 

 

 

 

[Dodiqq]

I think the building at the back with fence and the surface of the road not marked in bays clearly gives it away as Kestrel Road, parallel to Merlin Road (and not in Farnborough Park management)

Sounds like I will have to insert the confirmation from the facilities manager if it is still confusing.

 

I have anonymised the road I thought that was required - I have submitted the original in documents. The principle is the same.

[ericsbrother]

I would throw i the kitchen sink but you need to make sure that it all flows well to make sese of both the timeline and the content of what has been claimed and denied.

 

generally you start at the beginning with on the xxth of month year the defendant received a letter from the claimant stataing that their vehicle was observed parked at a location y in contravention of the terms offered by way fo sgnage at the site

 

but this is denied because the vehicle was at location z at the time and they have no authority to offer unilateral parking contract there.

 

Since then the claimant has doen this and that and the defendant had no opportunity to respond as they had move house or whatever.

 

then go into the detail fo the wrongdoings and refer to your evidence.

 

this isnt the only way of doing this but however you do put things down it must make sense as it is being read so clear references to attached documents, previous cases etc.

 

So to answer the question about the letter, yes you include it as long as you can reference it from the story side of your writing

[Dodiqq]

Thanks Erics

 

- The parking was not offered by the ways of signage, the Claim Particulars refer to a breach of contract communicated by signage. In the draft defence I am referring to photos of the Kestrel Street, where the car was parked (and where they may have a contract with client), and where the signage "contract" was not visible to the driver.

 

- I don't know if they do/don't have a contract for this road and I cannot say something I don't know. I am just saying that if they claim the client is Farnborough Park, it was confirmed by facilties manager Kestrel Rd is outside of their management. But that's a side track.

 

- I would like to avoid anything that would insinuate I had a conversation with the Claimant or Gladstones (the Demand letter of August 2018 is to my address no.1 where I lived till 1st July, and court claim form was sent to Address no.2 . 

 

I had refused liability for the incident as specified in Gladstones letter of 20th December in my letter of January and subsequently February (but I dont have copies other than one I attached in documents pdf submitted in Page 1 thread ) and updated them with my new address no.2 but after I rejected and rejected they clearly didn't give up even after I moved houses to my current address

 

[dx100uk]

thank you.

so Kestrel Road

 

combine your defence into your WS

 

at each point you made refer to ONE piece of evidence via exhibit xx to back it up.

 

IMHO as it stands, you have too many points and too much evidence.

 

I was playing last night....

 

IN THE NORTHAMPTON COUNTY COURT BUSINESS CENTRE 

Claim No. 

BETWEEN: 

UK CAR PARK MANAGEMENT LIMITED 

Claimant 

– and – 

Defendant 

YOUR NAME  

____________________________________ 
WITNESS STATEMENT OF XXXXXXX 
______________________________________  

I am XXXX XXXX, of MY ADDRESS NO.3 

 

I am the registered keeper of the vehicle reg/make model

 

This is my Witness Statement made in support of my set aside application dated XX November 2019 in relation to the forthwith default judgement of £269.53 dated 14/08/2019 Claim number ……..

 

My vehicle has never been parked on Merlin Road, the location described in the Claimants Particulars of claim. 

 

the claimants Notice to keeper photographs [Exhibit x,] show the parking location as xxxx road. 

 

i was refused settlement of the Default Judgment Order of £269.53 with the Claimant and Gladstones Solicitors in respective phone conversations on 7th and 8th November 2019, both referred me to Newlyn Debt Collection Ltd. 

 

Newlyn Debt Collection Ltd through their letters [Exhibit F] and over phone conversation 7th November 2019 duped me into payment. 

 

They informed me over the phone that if I do not pay by Friday the 8th November 2019, their bailiffs will come early morning on Saturday 9th November and clamp my car and repossess my house if I own one. 

I settled the sum of £359.53,

 

etc etc

[ericsbrother]

the point being the land and thus their supposed authority is not continuous and they have stated the wrong place so no parking event took place at the laocation they say it has.

 

there are previous cases that were chucked out unceremoniously because of the failure to properly identify the land in question and not being under their management is just an extra but wise to find out who owns it and what arrangements they have (if any) with the parking co. Y

 

ou can add that you have asked to see this authority but no sight of the authority assigned from the landowner was forthcoming so you aver they have none and thus no locus in this matter

[Dodiqq]

Thanks DX, just a question why are you referring to the Formal Demand Letter as Notice to Keeper? It doesn't mention a specific location (just Farnborough Central) and therefore it is not a Notice to Keeper...… or are we leaving this for later to dispute later as another point?

 

Thanks Ericsbrother, how do I find these cases? I wouldn't know where to start...I don't have access to any legal sites.

[dx100uk]

yes formal demand..

but it gave you the pix of your car

from that

you now have proved their particulars of claim are for the wrong road = set aside.

 

as for other cases id leave that till later IF another hearing happens [parking prankster website] 

 

so carry on from my above, 

next part is newlyns are a DCA , they cant add anything to any court judgement settlement - abuse of court process 

 

 

[ericsbrother]

parking pranksters blogspot is the first place to look.

 

As for saving stuff for another time, there may well not be another time. 

Put it in either your WS or in the set aside statements as part for the timeline so that read received letter on the xxth of month but it fails to conform to the protocols of the POFA and thus no keeper liability was formed.

 

If the wroding is bad enough then NO liability whatsoever is created, you ahve to read the POFA as well

[Dodiqq]

Well given that CPR 16 1 (a) requires (a) a concise statement of the facts on which the claimant relies;

subsequently Part 22 requires particulars of claim to be verified by a statement of truth,, I hope this will get struck out the moment I prove different location.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.4

[Dodiqq]

191014_witness statement_v07SIMPLE.pdf

 

Ok one document.

Is this enough ? 

Edited November 21, 2019 by Dodiqq

[brassnecked]

And remove any reference to "Guilt" its civil not criminal, so there is no guilt involved  if found guilty to pay within 28 days"

[dx100uk]

4.0 drop all mention of a mortgage.

 

6.0

add

I also demand the return of my £359.53 payment made under duress to newlyns Debt collectors.

 

they as a DCA have no legal right to add £100 to a default judgement and were not operating as bailiffs.

 

Their separate Bailiff company even if involved did not issue the required notice of enforcement.

 

i plead to the court to note the above action as i believe this is highly unlawful and possibly in contempt of a court judgement and maybe even a case of extortion.

 

a company that operates separate debt collection and bailiff wings should know better .

 

[Dodiqq]

Thank you DX. Although I'm not sure what are you exactly saying, is the below what you meant?

 

6.0 

I also request the return of the £359.53 payment made under duress to Newlyn's Debt Collection Ltd.

In order to enforce a County Court Judgement, Creditor is required to follow rules under CPR Part 70.
Newlyn Collection Plus Ltd., instructed by Claimant, proved no legal right to add a sum of £100 to the Default Judgment, they were not operating as bailiffs. Should a bailiff company be involved, an appropriate Notice of Enforcement should be served. 

I plead to the Court to note that the above action I believe is highly unlawful, possibly in contempt of a Court Judgement and maybe even a case of extorsion under the Theft Act 1968. 

 

Edited November 21, 2019 by Dodiqq

[dx100uk]

not were not... cannot operate as bailiffs nor add anything to a court judgement.

 

[lookinforinfo]

Newlyns are a particularly nasty bunch of bailiffs but they also have a debt collecting side too. They sometimes appear to forget which company is the debt collector and which is the bailiff to put it nicely. But it does have the effect often of scaring people into paying up quickly regardless of which which wing of their organisation is doing the chasing.