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NCP/BW ANPR PCN Claimform Bought ticket but threw it away


Rovarp
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So I have not received a response from the solicitors to my CPR31 request and my wife's defence is due this coming Friday. If it is a standard defence that I should be entering, please can I ask which one I should use?

Thanks, R

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std 3 - 5 line defence in almost any PCN claimform thread here already

use our search top right

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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This is the defence that I think is most appropriate for my wife's case. Any last minute amendments and should I include point 6?

 

1.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract.

 2.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

 3.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.

 4.  I believe that the Claimant did not obtain planning permission granted for signage etc under the Town and Country Planning Act 2007.

 5.  The Claimant has added additional amounts to the claim to try to circumvent limits on legal costs in an abuse of court procedure.

 

I was wondering whether I should add one more line based on this case from the same car park:

6. Signage is inconsistent and deliberately confusing.

 

 

I shall file at 3:00pm this afternoon.

Thanks again all.

 

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Well done in digging out the other thread, that persuasive case will be a big help further down the line.

 

Your six points look good to me - with the exception of point 3 which can be cut out because your wife admitted to being the driver.

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Yes as per FTMDave looks good but lose the POFA Driver is identified so point on POFA not applicable.   still plenty to go at if it ever gets to WS stage anyway.

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!

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  • 1 month later...

Hi.

 

Please let us have the information requested in the forum sticky so we can see what they've got wrong, with luck.

 

The sticky also tells you what steps to take next.

 

 

HB

Illegitimi non carborundum

 

 

 

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Hi HB,

Thanks for you prompt response.

This is an ongoing claim and I have submitted the defence as per thread above. I am just asking about the Directions Questionnaire and Notice of Proposed Allocation to the Small Claims Track received this morning. I just wanted to know if I should just fill in and return declining the offer of mediation and accepting the Small Claims Track? 

Do I need to send copies to NCP and BW Legal as well?

 

Also BW Legal have been on the phone, but I declined to put them through to my wife. They still have not responded to my CPR31 request. Should I follow this up?

 

Many thanks in advance.

Rovarp

 

 

 

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LEGAL : N180 Directions Questionnaire (Small Claims Track) **Correct at Sept 2016** - Legal - Consumer Action Group

 

fill out 3 copies

1 wit you

no to mediation 

the rest is obv.

on the copy to BW omit phone/email/sig.

 

you are quite correct to not answer calls and block their nymber

never talk to the fleecers or their dogs by phone/email/text ever!

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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