Britannia/BW ANPR PCN PAPLOC now Claimform - Quayside Poole

[hamadryad]

Here it is.

 

 

Scan_20220514_Compressed.pdf

[FTMDave]

Go to  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/

 

then scroll down to  Q2) How should I defend?

 

There is a template defence that we advise to use.  It is incredibly generic which means later on at Witness Statement stage it can be expanded to fit any set of circumstances.

 

You can post the form but isn't it simpler to use MCOL?

 

 

 

[hamadryad]

Thank you!

I’ll sort this ASAP.

 

H

[hamadryad]

It's asking for a Defence Pack Password.

 

I don't have that!

 

I've tried putting in the details from the pack, but it keep on saying either the claim No, or the password are incorrect!!! 

[FTMDave]

The other regulars have often written about MCOL having "a hissy fit" at the weekends.

 

Try again tomorrow.

 

If it fails try again on Monday.

 

If by some horror that fails, then e-mail the court.  Any delivery method is acceptable.

 

Whatever you do, don't miss the deadline.

[hamadryad]

Roger that!

 

H

[hamadryad]

I've tried again today, so I've got the email addy & I'm planning to send this.

What do you thinks?

 

Dear Sir,

 

I am defending the above claim, but am unable to access the website.

 

I am defending the claim on the following basis:

 

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.  The Defendant was the recorded keeper of (the car), the car has since been scrapped.

 

2.  It is denied that the Defendant entered into a contract with the Claimant.

 

3.  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 simply contracted by the landowner 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. 

 

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

 

6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

Thank you

[dx100uk]

dont panic about it , very much usual for a w/end that mcol is playing up till someone resets it monday AM.

 

give it till monday pm . that cant hurt you as a litigant in person.

 

dx

 

 

 

[hamadryad]

All the assistance I’ve received on here has been very reassuring and a great help, so I’m not panicking really.

 

I’ll maybe send it anyway. It can’t hurt, and would mean that I’m not dependant on the actions, or inactions, of another.

 

H

[FTMDave]

OK, well what you've prepared is fine.

 

It's irrelevant that the car has been scrapped, adding that part won't help you, nor will it harm you.

 

If you do use e-mail make sure you put the claim number in the subject heading, in fact it would be best to put the claim number and the two parties to the action.

 

Obviously click on "return receipt".

[hamadryad]

Sent ti off by email rather than wait for someone else's actions.

Got a response back from the court too acknowledging receipt.

 

Cheers all!

 

H

[hamadryad]

Well, it's either been withdrawn by them, or I have a CCJ, or I should hear back that Ive got a fight on my hands.

Fingers crossed that they've withdrawn!!!

 

Any idea when I'll know?

 

H

Edited May 16 by hamadryad

[FTMDave]

What happens now is that the central court will send both you and the fleecers a simple form called a Directions Questionnaire, and then allocate the case to your local court in the small claims track.

 

Read some threads with "claimform" in the title and you'll soon get the hang of the legal process.  In fact it's essential that you gen up.

 

 

[hamadryad]

Hi all,

 

Got a letter back from the court acknowledging my defence and setting out that a copy is being sent to the claimant or their legals.

It says that they have 28 days to contact Tye court or the case will be stayed.

The only action they will have is that they’ll need to get a judge to lift the ‘stay’.

 

I might yet win!

 

cheers,

 

H

 

 

[dx100uk]

yep std court practice /letter

get reading up on the poss next stages going fwd (DQ N180 N157 etc)

so you know whats to come

how to react.

 

dont do anything without ever checking here 1st

 

[FTMDave]

Post hidden.

 

The fleecers' reference number is showing.

 

Please redact properly.

Edited June 7 by FTMDave
Typo

[hamadryad]

Apologies, and thank you.

 

New one attached!

 

H

Redacted 20220607_Compressed.pdf

[FTMDave]

Thank you.

 

General hot air these companies always come out with to try to "intimidate" you.

 

Wait and see what comes from the court.

[hamadryad]

I’ve heard nothing from the court so far, and it’s fast approaching the 28 day mark!

maybe they’ve folded!

 

H

[lookinforinfo]

No doubt they will send you their Witness Statement as they tend not to pull out till the las minute hoping that their threats in the meantime will meant that you will be scared and give in first.

Please post up all the documents that the send-suitably redacted. From them we can see how they are preparing their case and how best to defend.

[dx100uk]

Watch mcol for If n180 is mentioned

 

Dx

[hamadryad]

Clearly the MCOL is having a 'hissy fit' today, cos I can't seem to log in to check.

Thing is, that the 28 days is up on Monday, so if I don't hear anything by then, by my reckoning it should have died.

That is, unless they get a judge to unstay the case.

 

H

[honeybee13]

MCOL often goes wonky at the weekend, it's nothing new.

 

HB

[hamadryad]

I emailed them about how I couldn’t log in. Still waiting for a response!

Got a letter from the court yesterday though, saying that the case is on the small claims track.

Not read it in detail yet cos I’ve was out yesterday and last night.

I will read it thoroughly later though.

 

H

[hamadryad]

I emailed them about how I couldn’t log in. Still waiting for a response!

Got a letter from the court yesterday though, saying that the case is on the small claims track.

Not read it in detail yet cos I’ve was out yesterday and last night.

I will read it thoroughly later though.

 

H