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RyanB96

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  1. Thanks Andy & Hb. For the reason for "no I want a hearing in person" I saw DX comment on another thread Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally') That was also for an ANPR PCN - I used this same comment. For the "in the" box at the top of the page - what should go in there? There is no explanation for it, and I can't find anything on it. I assume it should be self explanatory but it definitely is not!
  2. Okay, so I will fight this in person then and I think youre right on the poorly friends - thats a stretch I guess. What appropriate reasons can I give for it to "not" be suitable to be sorted without a hearing? - since ultimately it could be
  3. As mentioned before, I had 2 poorly mates in the car with me that needed food/water. One was particularly poorly - would it help my case if either of them were also witness? It is true to say I was more focused on getting in and parked as this person was likely to vomit, that I wasn't exactly looking for parking signs! But I'm not sure if that would go in my favour or against me.
  4. Okay - when getting to court, will I do any of the speaking myself such as reading out my witness statement or will a legal representative speak on my behalf?
  5. Hi, I have filled in the Small Claims Track Questionnaire as below: Mediation - No (Parking Claim) Small Claims - Yes Suitability for determination without a hearing - Can I select yes to this? If I am giving a witness statement and a judge is deciding anyway this seems quite convenient? For nearest county court, I have used the gov website to search by postcode - I assume any "county court" is suitable so this one is fine? (This is nearest) Boston County Court and Family Court - Find a Court or Tribunal - GOV.UK WWW.FIND-COURT-TRIBUNAL.SERVICE.GOV.UK Boston County Court and Family Court - Find contact details, opening times, how to get to here, types of cases managed, disabled access to the building Expert Evidence - No Witnesses - 1 (Me) I plan to send off today
  6. Hi, just an update - I have now received a proposed allocation to the small claims track. I’ve been reading some other posts and with particular interest to something @lookinforinfo said on this thread ablut loading/unloading then the parking begins… when I infringed, I was taking a severely hungover/poorly friend to maccies to help sober them up. It took them about 30 minutes to get out of the car for fear of throwing up if they moved. Similarly, it took them awhile to move to get back in the car before leaving. Would I be right in thinking I can use that to my advantage? finally, I misunderstood the previous comment, and reading other threads hasn’t cleared it up (there are so many!) - is it too late to send a snotty letter since court proceedings have begun, or is it still early enough for me to send a snotty letter that may make them think twice about paying the hearing fee?
  7. In other threads I have read, defendants were issued a letter before claim, before the claim form came through, at which point it was time to send them a letter basically demonstrating I will give them grief. With my case, for some reason they skipped that step. Is it too late to send them that "stinking letter", or would now be a good time to?
  8. Hi Honeybee, I already sent them an email stating not to use email under any circumstance. I will send them a letter now too, and reply to this email again stating not to use email under any circumstance - Is there any extra steps I can take? Is there any harm in also specifically stating the address to us for them to communicate via post? Thanks
  9. The latest, despite previously stating not to use email, I received an email from DCB Legal... (from a different email to the one I blocked too)
  10. For reference, This is the exact email response body: She also attached this attachment (it did not load previously, internet issue) Signs.pdf Along with a site plan, and original notice to keeper.
  11. Hi Honeybee, Thank you for the response - Is there a particular method I should use for this? I have been reading a few other threads, will the following suffice: 1. Reply telling them that in no circumstances should email be used for any further communication. (+ Block their email) 2. Send them a 2nd class letter to confirm email should not be used for any further communication. (+ Proof of postage) For the defence, I've copied the POC and the Defence template below. Should I modify the defence to specify which paragraphs are denied as I have seen on other forums, or leave as is per the template, also as done on other forums - is there an optimal? I did have a crack at it, but reverted to the template as I wasn't entirely sure which of my defence paragraphs absolutely denies which of the POC (e.g. is their paragraph 3 denied due to my paragraph 2, or my paragraph 3 - or both?) - do you have advice which is optimal here? POC: 1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to Vehicle XXXX XXX at McDonalds Wakefield 2 569, Dewsbury Road, Wakefield, WF2 9BY 2. The PCN details are 17/04/2022, 3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of terms on Cs signs (the Contract), thus incurring the PCN(s) 4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests the PCN(s) is outstanding. The contract entitles C to damages. AND THE CLAIMANT CLAIMS 1. £170 being the total of the PCN(s) and damages 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0,02 until judgement or sooner payment. (£12.24) 3. Costs and court fees (£35 Court Fee + £50 Legal Representatives Cost) Total = £170 + £12.24 + £35 + £50 = £267.24 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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. It is admitted that the Defendant is the recorded keeper of XXXX XXX. 2. It is denied that the Defendant entered into a contract with the Claimant. 3. 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 car park 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. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. 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.
  12. Hi, I have just received a response from DCB Legal BY EMAIL (how have they gotten my email? I have never used or given it!) with 4 attachments - me in my car entering car park in colour, me leaving, and then front and back plate zoomed in images too.
  13. Just to update / confirm, the letter is posted and I have the certificate of posting.
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