UKPC/DCB Legal Windscreen PCN PAPLOC now Claimform - 1 to 21 The Martletts, Crawley, West Sussex, RH10 1ER **Claim dismissed, counterclaim dismissed**

[Nicky Boy]

Intrepid,

 

You're giving far too many clues about how you might defend against their rubbish claim.

 

At this stage, you just need to send a vague "snotty letter" to let them know you'd be trouble in court.

 

This sometimes works, and they don't follow up.

 

Look around the forum for examples of snotty letters, then post a draft up here for the guys to vet.

[Nicky Boy]

What is the point of sending a "without prejudice" letter that says exactly... NOTHING?

It can only be an intimidation tactic.

"Oh dear, they're sending letters filled with legal jargon. I'd better pay up."

Personally, I'd use the normal tactic of ignoring... Avoid letter tennis.

[Nicky Boy]

You're probably trying to upload a file that's too big.

Find a pdf reducer/compressor online

[Nicky Boy]

Intrepid,

Just a suggestion on something else to throw in.

As the claim appears to be based upon "the use or enjoyment of land" as per

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16/pd_part16

Other matters to be included in particulars of claim

7.1 Where a claim is made for an injunction or declaration relating to any land or the possession, occupation, use or enjoyment of any land the particulars of claim must –

(1) state whether or not the injunction or declaration relates to residential premises, and

(2) identify the land (using a plan where necessary).

7.3 Where a claim is based upon a written agreement:

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

(And the potentially significant one)...
7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.

 

As far as I can see, their POC is deficient in respect of the above.

If it's not mentioned in their POC's, thet can't rely on it in their WS!

[Nicky Boy]

Well done Intrepid.

Your detailed synopsis of the hearing will help with clarification on a number of things.