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By evilmrkipling · Posted
Here is the document I received from the court after filling the N244. It only mentions the court date is the 31st of May. I should mention that I am currently out of the country and not able to attend in person. Is there a way to inform them of that fact and ask for a telephone hearing? County Court_Redacted.pdf -
OK, thanks. I was worried about a deadline. You need to prepare a short Witness Statement which states - the move from address A to address B and therefore you never received the Letter of Claim or court papers, and proof of the same as an exhibit; - mention of a draft defence as a separate exhibit (I've knocked something up below); - that immediately you realised you had a CCJ on (XXXXX date) you prepared to apply for set aside, so the Claimant's Witness Statement point 20g about prompt action is incorrect; - mention of the order you would like the court to issue as a separate exhibit (there is an example by Andyorch on Zimbird's thread. Ideally e-mail the court their copy requesting a return receipt and post the fleecers theirs 2nd class with a free Certificate of Posting from the post office. DRAFT DEFENCE (1) the Claimant is suing the wrong person, the Claimant should be suing the driver of the vehicle and has not established keeper liability under Schedule 4 of the Protection of Freedoms Act 2012; (2) Locus Standi - the Claimant is not the landowner and I do not believe they the authority to bring this claim. A letter - not even from the landowner - saying there is an agreement is not the same as producing an agreement (Claimant's Witness Statement exhibit 1); (3) the convoluted "free parking voucher" scheme is an unfair term under the Consumer Rights Act 2019; (4) I do not believe the Claimant has obtained planning permission for their signs which is a criminal offence and makes it impossible to have formed a contract with the driver; (5) the Claimant is claiming the debt, legal costs and an extra invented sum as an attempt at double recovery which invalidates the whole claim. Their action is expressly forbidden under the Parking (Code of Practice) Act 2019 and ensuing government Code of Practice, as well as previous legislation.
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By evilmrkipling · Posted
The only date I have is that the hearing is to be heard on the 31st of May 2022 -
I cant see anything a miss...go ahead and file it.
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