Janus
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ok, I will remove that part and submit
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here is text : 1. It is admitted that Defendant is the recorded keeper of xyz 2. It is denied that the Claimant entered into a contract with the Defendant. 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 carpark 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. The proper Claimant is the landowner 3. 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 Defendant’s signature: Date:
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thanks everyone, here is edited version dev def detail v2.pdf
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thanks guys, apologies for any confusions, I will post up revised issue with advice given
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this is what I have so far , please advise : Converted to PDF that way only registered logged in Caggers can see. devere.pdf
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reply from devere to cpr request : Please note that we will not respond to any further communications via letter or email regarding this matter until ordered to do so by the Court. We have received your letter dated 15th January 2021 and respond accordingly. This is now a Court claim that is progressing through stages within the County Court system. Both Claimant and Defendant will be formally contacted by the County Court and they will order both parties to submit to each other and the Court statements that we will both rely on to either prove the Claim or prove the Defence. Until such time as we receive the Order from the Court then we will not furnish you with those documents. You will absolutely receive all documents in good time when the Court orders us to provide you with them. We note that you will refer this reply within your Defence to our Claim.
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thanks dx, will do
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what is the next stage, start to file defense?
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cpr now done, sent
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ok, noted
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sorry dx, but I am up to my eyes in new job. I will work on cpr tonight.
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dx, have completed the MCOl, aos service I will get the cpr done tonight, and in post to claimant tomorrow thanks
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lookinforinfo how do you mean, can you please explain more? thanks dx, I will register first on MCOL
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thanks brass. I will look into that I have now rechecked the detail on the claim form : Name of the Claimant : Devere Parking Claimants Solicitors: none Date of issue – 7th Jan 2021 Date for AOS - 25th Jan Date to submit Defence - 7 February 2021 (edit - dx) What is the claim for – 1.This concerns the issue of a parking notice in the private car park at *****, Bournemouth on the 29th Oct 2020 to a car **** that parked in breach of the T and Cs is that no parking permit was displayed as required. 2.Signs at the location state the T and cs and that failure to adhere will result in the issue of said pcn. That the driver in the first instance will be liable to accept and pay contractually. 3.The pcn was affixed to car on date of event. Letters have been sent seeking payment but no further response was received 4.the claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% per year from 29/10/2020 to 6/1/2021 on £116 What is the value of the claim? £108 on ticket, £116 on claim? Amount Claimed £116 court fees £25 legal rep fees Total Amount £141
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hi dx, how do you mean? What have I missed? I will process the defense of your guys advice and what I have seen in these forums, as you rightly state I live at the address for goodness sakes and they got the details wrong, they are notoriously incompetent bunch and well known for it in around our area
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thanks honeybee here is detail (I dont have time to scan today, new job on go as mentioned) : Name of the Claimant : Devere Parking Claimants Solicitors: none Date of issue – 7th Jan 2021 Date for AOS - 25th Jan Date to submit Defence - Wednesday, 3 February 2021 What is the claim for – This concerns the issue of a parking notice in the private car park at ***** (address), Bournemouth on the 29th Oct 2020 to a car **** (my reg) that parked in breach of the T and Cs is that no parking permit was displayed as requird. Signs at the location state the T and cs and that failure to adhere will result in the issue of said pcn. That the driver in the first instance will be liable to accept and pat contractually the claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% per year from 29/10/2020 to 6/1/2021 on £116 (Particulars of Claim are in the box to the left of the N1 page 1) What is the value of the claim? £108 on ticket, £116 on claim? Amount Claimed £116 court fees £25 legal rep fees Total Amount £141
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thanks for updated replies I will try to upload requested data today FTMDave, thanks too. the date of the court letter is 7th Jan, so I have until the 21st Jan to submit defense is that correct? does this time period also account for how long one has to acknowledge the claim? I will do this by end of this week anyhow, just want to clarify time scales
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many thanks for replies I have started new job, so will try to find time to scan, upload, just a bit manic at mo please can you explain POFA? I did get letter before claim I told them I live here and 99.9% of time remember to display parking permit (this is issued by management agency) they have first and surname name wrong on claim form
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hi all I received a PCN just before xmas, I forgot to display my parking permit where I live, just one flipping day I wrote to the parking company and explained to them that it was just a moment of forgetfulness they have now taken this to small claims court I have some questions they issued the court claim in wrong name (correct address, and reg) plus the original fine and what they put on court claim is different amount fine = 108 they put 116 on court claim form? how do I stand from these incorrect details? should I defend? all advice welcome, thanks
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Arrow/Restons claimform 1998 HSBC loan debt
Janus replied to Janus's topic in Financial Legal Issues
ok, here is my statement, their defence was based on last payment being 2013, but, I had records to show that that was already a previous gap of more than 6 years witness statement_upload_24.3.18.pdf -
Arrow/Restons claimform 1998 HSBC loan debt
Janus replied to Janus's topic in Financial Legal Issues
[ATTACH=CONFIG]71186[/ATTACH] as per request, I understand you now want to their defence their defence was based on printed so called bank statements (around 50 pages worth. Did not authentic to me. They were not letter headed, anything like that), which contradicted my own electronic statements (which were printed off as part of my defence) came down to, and from what I have read online, the judge only has to see a shred of so called statement, evidence on their part, you are up against it -
Arrow/Restons claimform 1998 HSBC loan debt
Janus replied to Janus's topic in Financial Legal Issues
hi guys I do and have appreciated all your help. my main focus, priority had to be my health, I nearly did not make it through 2017 I have had surgery twice and poor health for past 18 months. I have only just got back on feet, 90% health over past 6 weeks or so I will post up my defence over next day or so -
Arrow/Restons claimform 1998 HSBC loan debt
Janus replied to Janus's topic in Financial Legal Issues
thanks for replies, I am dushed after the hearing yesterday, tough day at work today, so am worn out the judge gave me a load of waffle about fast tracks etc and from what I can recall said the case had not been officially allocated to the small claims, or something along those lines. To be honest at this point yesterday I was phasing out, I just wanted to get out of there I guess it will be few days before I see the paperwork, bill from Restons, for costs At the end, the solicitor and judge starting talking about another case in front of me. Which I found unprofessional really. Just my opinion. Clearly they work together on a regular basis the judge was not interested in my defence at all really, I did make a CCA request, all I got back from the original bank was 'they do not recognise me on their system from the account details I provided' which were 100% correct I made a SAR request to get back up copies of my statements, again the original lender (HSBC) did not comply with the request. I did get a reply, but I heard nothing else I did all this 3 months back, so was probably late in timescales, but I have had very poor health for past 18 months. I have had x2 major ops in 18 months, and this had to be my no.1 priority, to get back to some kind of good health, a process which I am still working on -
Arrow/Restons claimform 1998 HSBC loan debt
Janus replied to Janus's topic in Financial Legal Issues
I lost my defence hearing today at court, between Arrow and myself I will now have to deal with options on CCJ, pay all (if I can), pay in installments, or tell them to go whistle dixie, I do not have house/mortgage, am self employed. part of me wants to tell them to go take a long jump off cliff I did a good witness statement based on Statute Barred ( I probably left the CCA request etc too late due to ill health last year which distracted me, took my eye off the ball. My health had to come first, without that we are nothing) another poster wrote a good post about 'what can they actually do even with CCJ', something like that (if you have no house/mortgage etc). Post was few years back (dont know if I can put posters name here, or link to his post ?). It kind of cheered me up a bit today. anyway, been long day, I got another 1.4k slammed on top of 4.7k debt to boot from judge for their costs. I had good witness statement and good case , but he was always going to side with the claimant, plain as day. my advice to all is not to sit on these things, take all the advice here on this forum and get the CCA requests etc in as soon possible -
Arrow/Restons claimform 1998 HSBC loan debt
Janus replied to Janus's topic in Financial Legal Issues
ok, court date is end of March, what do I need to do to prep my defence ? even based on their records last payment was 2012
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