I need a little help with my defence. I have been looking at the defence in the sticky and it does not fit my situation. The car park that I used is free for people to use in the evenings. I parked in a position that is not a marked bay but I did not cause any obstruction, or any difficulty for other users to negotiate there way in or out of any parking bays or roadways within the car park. my reason for parking where I did was the place was full. Because it is a free car park I did not overstay or neglect to display a ticket or pay the correct fee. Any suggestions for a good defence needed. thanks in advance Chris

Death, Taxes and I will defend this that's three things I'm certain of.

the claim is from PCN (NW) LTD and they have employed GPB Solicitors LLP to pursue the matter. I have a feeling the landowner would wash there hands of the whole issue, giving the usual "we employ a company to manage the car park" blurb.

Thanks dx Yes I will Ack online also saves a stamp.

POC The Claimant's claim against the Defendant is for breach of contract in respect of a notice issued to vehicle (???????) on (date) at (Location) following unauthorised parking event: OUTSIDE DESIGNATED PARKING SPACE. The Terms And Conditions to which the Defendant agreed to be bound by using the site were clearly displayed in prominent places throughout the site. The Claimant's claim is inclusive of recovery costs as per the Terms and Conditions, notice of which was given to the defendant by way of a parking charge notice and numbered 12345678. And the Claimant claims 160.00. The Claimant also claims interest thereon pursuant to section69 of the County Courts Act 1984 at the rate of 8.000% per annum calculated with a daily rate of 0.04 to the date hereof amounting to 11.48

I received court papers N1 today for a parking charge notice, and I fully intend to defend the claim. I've not been to the forum for ages so I need to do some reading to get my defence in order. I will keep this thread posted with any developments. First job is to tick my Acknowledgment of service and pop it in the post.

Halifax £12000 + 8%

Hi Joulin I'm glad you took my advice by joining this forum I've had a look around and found a letter you can send. It was written by Bookworm for a similar problem to yours, and I've amended it as best as I can to fit your situation. Just fill in the parts required and send it off. Dear Sir/Madam, I purchased a Telescope [ make model etc] from you [name of company] on [date]. The conection to the trypod failed on [date]. On contacting you, you refered my complaint to the dealer [name] I have had no reply or contact from the dealer and you have refused to respond to several of my emails I have now been made aware of my statutory rights under SOGA 1979 (as amended) and know that my contract is in fact with YOU, the retailer, and that it is YOUR responsability to repair, replace or refund this faulty Telescope. Furthermore, as the Telescope failed long before 6 months from purchase had passed, the item was deemed inherently faulty and the burden of proof lies with you should you wish to dispute this. With this in mind, I expect you to arrange collection of the Telescope and sending it off for repair at no cost to myself. Failing that, I will accept a replacement or refund. Yours etc...

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You need to get your info together input it into the calculator and find out how much they owe you. If it is more than owed on the card start the reclaim process. they should roll over pretty quick with a CC claim because they can't have it stayed. Have you checked your credit file? it may well be that the account has been defaulted and frozen at £x.xx the amount they feel is outstanding. If you have not had a statement for over a year you need to send a SAR to get an upto date picture of what they are claiming and what they owe you.

If the CC agreement is found they can begin to persue the debt at any time regardless of any time limits. If they breach the time limit, your only course of action is to report them to your local trading standards. Who will then promptly do nothing. They can't just go directly to court though! How would they explain to a DG that it has taken so long to produce an agreement? Also it is my belief that if they do have an agreement then they won't take their time producing it. If they don't have it then yes, you both enter a stand off. They will (even though they are not entiled) put a default on your record, and it's a complete nightmare getting it taken off. you can't just reclaim any amounts paid on the account! If for instance it goes to court how would you explain reclaiming monies paid in respect of borrowing that amount in the first place. I believe though that you don't technically owe them any interest, because that interest forms part of the agreement that is unenforcable. Also charges form part of that agreement, so you can reclaim them. then all thats left is to get them to write off the rest of the debt, or come to a mutual full and final settlement figure. But that default will be a nightmare to get rid of.

I don't know what a Preference Account is sorry. You say you opened it in 2007, how long has it been since you made a payment? The loan may well have charges also so you can place this account in dispute as well to give you time to get some kind of plan together, don't worry your not alone you'll get plenty of help. The CC should be the first one to get resolved they can't stay CC cases. The current account will take longer because of the test case. Are you on benifits this will have a bearing as to what they can do and how much you can afford to pay? They have had a big hand in putting you in this situation, and their sole aim is to squeeze you for charges, and put you in a debt spiral then they've got you for years. Or so they think. You have a default on your record and they will not remove it without a fight. They know a default is just like having a CCJ it stops you getting credit. Or moving to another bank without difficulty. try to provide some of the details I've mentioned above. But please don't put any personal details in open forum.

Try going to your local branch in person. This sometimes works, be very polite and explain the circumstances as you have done above.

Send this as soon as possible Data Protection Act 1998 Subject Access Request your name and address Halifax Bank Data Protection Manager Trinity Road Halifax HX1 2UJ Dear Sir/Madam ACCOUNT/CARD NUMBER: ************ ACCOUNT IN DISPUTE Please supply me with a complete detailed list of transactions and charges relating to my account history with your organisation I require a full disclosure of any and all data that you hold about me, including but not limited to notes to the account, and any other relevant data. Additionally, where there has been any event in my account history which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, it is my belief that you have levied disproportionate penalties against me and I shall be reclaiming them plus any additional contractual interest as a result of these charges, and also reclaiming the enclosed £10 Data Protection Act subject access request fee. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch. Further to the above, please ensure that any contact by yourselves or Blair Oliver & Scott debt collectors is made in writing only. Telephone calls and personal visits will not be accepted and also viewed as harassment. Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Yours faithfully, PRINT NAME ONLY[ pFONT='V PP dana','sans-serif'].[/font]