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    • Pasting my proposed defence below - it is due on Monday, but I'm away all weekend so I will have to submit it tomorrow. Thank you to all the people on the forum who contributed on all the other posts that allowed me to 'borrow' all of this info.   On a number of threads I've seen particulars of claim noted above the defence, should I include that or leave it out when I submit the defence? Not sure if it's intended to be helpful for the judge or s/he would take a dim view of it if I did?   Just on point 3, I wasn't the driver of the car, should I say that or not?     Particulars of claim (for reference only) 1.The claim is for a breach of contract for breaching the terms and conditions set on private land.   2. The defendant's vehicle, XXX XXX, was identified in the Liverpool John Lennon Airport on the 16/01/2018 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited.   3. At all material times the Defendant was the registered keeper and/or driver.   4. The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations.   5.The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the defendant has failed to settle the outstanding liability.   6.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.     Defence   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 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It’s denied that the defendant ever entered into a contract to breach any terms and conditions of the stated private land.   2. Paragraph 2 and 4 are denied. 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.    3. It is admitted that Defendant is the recorded keeper of the vehicle. The claimant is not in a position to state who the driver was at the time.   4.  Paragraph 5 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Liverpool airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract.   5. Paragraph 6 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.    Therefore the claimant is put to strict proof to evidence its cause of action and contractual costs and what loss it has suffered.    The Claimant is further put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.   The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the recovery or any recovery at all.
    • Lloyds have failed to respond to my letter of claim concerning their incomplete disclosure and in all likelihood will miss their deadline to respond.   I propose the following particulars of claim:  
    • I won a judgment and High Court writ. It’s currently with an enforcement company.
    • Yes, sorry it’s £5000 not £7000 that I’ve spent on repairs. I know it sounds ridiculous, but originally I was quoted £1800 for the gearbox. As I’d bought the car and obviously wasn’t going to get anything back from the promised warranty from Yew Tree cars, it was a decision that seemed the most realistic under the circumstances. But then the scenario gets worse and it gets to a stage that you’ve invested such and such amount, constantly being assured that once this job is done the car will be in A1 condition…… To summarise: Car bought 29th December 2020  Went to Autoessentials aka 169UK beginning of January 2021. Amount paid to above £5000
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foxy v abbey


FOXYLADY1970
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There is a spready with a list somewhere but I'm going to watch the football so I'll have a little look for it later tonight Also I've calculated using the survey on the front page averages, that Abbey have refunded about 300 customers from this site, which I thought was quite a telling stat to use.:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi foxy,

 

Half -time

 

http://www.consumeractiongroup.co.uk/forum/general/64871-spreadsheet-claims.html

 

latest Abbey claim is 13/03, but you've got plenty to choose from

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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i got confused...my brain hurts

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Hi,

Not sure if I should write to Abbey and ask for there cooperation to the terms of the court order dated.................... and tell them that I am now preparing my Court Bundle and will also be asking for £80.00 towards ink and paper and 40 hrs @ £9.25 for the time it has taken me to prepare to go to court.?????????????????

Ordinarily there are no costs awarded to either party in the Small Claims Court. But if one party behaves unreasonably, the other can ask the Judge to award costs in accordance with CPR27.14; namely £9.25per hour Bundle prep and £6.75 per letter. However, don't write to the Judge (or Abbey) Just ask Abbey for it as part of the settlement prior to Court (ie include it in the inevitable telephone conversation with James/Inga just prior to Court). They didn't even raise an eyebrow at my 34hrs. I had ready a schedule of how that was made up but they didn't ask. Clearly, if they refuse to pay prep costs, just threaten Rule 27.14. http://www.dca.gov.uk/civil/procrule...enus/rules.htm

Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Hi everybody,

 

Bundle all done and ready to send to abbey :D god it took some time, and had couple of sleepless nights, anyway its done now so lets just see what happens

 

Am just putting details together and will pin so that when I finally get a phone call from somebody I will be ready to talk settlement.

 

I am going to ask for 35 hrs @ £9.25 for putting bundle etc together and £50.00 to cover cost of ink, paper postage etc.

 

so with the court costs this will put my amount up to £1818.72 - £230.00 goodwill gesture they have already paid.

 

total due £1588.72.

 

Would I need to advise court that the amount has gone up or just leave it as I understand that on small claims you cannot claim for costs.

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Foxy,

 

On my N160 ( Notice of Allocation) it says in a box at the bottom under "Notes"..........As you have consented to your claim being heard in the small claims track, any costs allowed to the successful party will be limited to the maximum sum which can be awarded in the fast track".

 

 

Is yours the same?

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Foxy,

 

It looks like the drinks are going to be on you............:):p

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi Foxy,

 

Haven't been on here for a couple of days, glad it's going ok for you! Did you send a letter with your bundle requesting your costs or are you going to wait until they contact you?

 

I've had so much on the last few days but I really must get back on track with my witness statement & bundle & get it off to them!

 

Villafan

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Hi Foxy,

 

Witness statement has to be exchanged by 17.05.07 & bundle lodged on 31.05.07 but I'm planning on sending them together before 17.05.07. I'm busy printing & photocopying at the moment inbetween looking after & sorting out 2 children & 1 hubby! Trying really hard to get it done asap as my computer keeps crashing on me.:eek: I think I might have to invest in a new one with my payout!!!!:p:D

 

Villafan

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hi villafan,

 

Yes i know how you feel i have 3 children to run around after and run my own business so been busy time for me also.

 

I have not sent off bundle to court as i need to advise them if abbey stick to the directions or not so cant do anything until the 14th May.

 

Keep me posted.

 

Foxy

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hi everybody,

 

im a very happy girl today just had letter in post from inga kirkman saying they will settle with me in full cheque will be sent out or paid into account.

 

thank god for that looks like I have won will inform the courts once money has gone into my account.

 

:) :) the good news is they didnt take off the goodwill payment they had already paid me so £260.00 better off.

 

thank you for the help everybody and keep me posted on how your getting on.

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Hi Foxy!

 

CONGRATULATIONS & SNAP! Only thing is I don't agree with her figures so have e-mailed her & just awaiting a response.

 

Wonder if charleyfarley has received a letter too?

 

Hope you've got a nice big smile on your face :D :D

 

Villafan

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FOXY.....................looking good:)

 

Well Done..............you don't get congratulations unti lyou get the cheque;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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no was going to do it when they called but never mind they have over estimated the claim anyway as they have not taken off the £260.00 they have aready paid into my account.

 

how much less is your for

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Well done Foxy lady ....really good news . Am I right in thinking that you did NOT submit your court bundle ?

 

Checked with the Court yesterday and my AQ is still with the Judge !!!!

Absolutely nothing heard from the Abbey , I am a little tempted to call them but on the other hand I would prefer that they contact me , as I dont want to look as if I am begging .

 

Charleyfarley have you had something in the post ??

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hi lady E,

 

I had sent my bundle to abbey but not onto court as they didnt want it until the 6th June abbey had to send there bits to me by 14th May and then I was going to inform courts and send on bundle to them saying abbey had not repied to order.

 

will let you know when I have received the money.

 

keep me posted on your claim and good luck

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