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dark.knight.10

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Posts posted by dark.knight.10

  1. Hi,

    Sorry for the radio silence, I just didn't have it in me to tell you all how moronic I have been all week! 

    I went to the wrong court!!! the first court (Harlesden - the preferred location), not the one that was rescheduled in! I really think I need a break because my brain is fried. 

    Anyways, I feel like I let everyone down! 

    Thank you all for everything! I will be donating regardless! I planned to donate the whole amount to this site. 

    • Sad 1
  2. I got the bundle on the 31st July . They sent it via email. I was away, I came back 2 days ago. 


    I did get the re-listing letter but it did not have an action attached to it … atleast that’s what I understood. 


    Honestly, I’m so sorry, I know I must be very frustrating but I’m so swamped and my mental health is none existing. 

    I have noticed that they’re not attending, so do I still go even if I havnt served them with my defence? 
    does my defence look good to you?

    bundle Redacted

    DEF TB 2_Redacted_compressed_Redacted_compressed.pdf

  3. This is the defence submitted to money claims.gov.uk
     

    Defence

    I contend that the particulars of claim are vague and are generic
    in nature which fails to comply with CPR 16.4. I will accordingly
    set 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. Paragraph 1 is denied. It is denied that I ever entered into a
    contract to breach any terms and conditions of the stated private
    land.

    2. 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. The claimant has yet to evidence that their contract with the
    landowner. Further it is denied that the Claimant’s signage is
    capable of creating a legally binding contract.


    4. Paragraph 2 is denied. It is admitted I am the recorded keeper
    of the vehicle. The Claimant is not in a position to state if I
    was the driver at the time.


    5. Paragraph 3 is denied, there are no contractual costs and
    interest cannot be accrued on a speculative charge.

    6. Not withstanding the above on 09/08/2021, I made a request
    pursuant to CPR 31.14 for the Claimant to disclose the necessary
    evidence in support of their claim. To this date the claimant has
    failed to respond to said request.
     
     
    Do I have to submit another defence or do I just print and take it with me to court? 
  4. Apologies 

    Here is my defence so far:
     

    [Name] [Address] [City, Postcode] [Date]

    The County Court [County Court Address]

    Case No: [Case Number]

    In the matter of: UK Car Park Management Limited (Claimant) v. [Name] (Defendant)

    DEFENCE WITNESS STATEMENT

    I, [Name], of [Address], hereby make this witness statement in response to the claim brought by UK Car Park Management Limited (hereafter referred to as "CPM") against me in relation to the alleged parking charge incident at The Atlip Centre ANPR Ealing Road Alperton Wembley London, on the Contravention Date of 8th July 2019.

    1. I confirm that I own multiple cars, and the vehicle registration number (Reg), in question, is not my daily driver.

    2. The parking incident occurred at my local gym, which is frequented by my family and friends, and any one of them or their friends could have been the driver on the Contravention Date. I have reached out, however, I cannot definitively identify the driver responsible for the alleged breach of parking terms. 

    3. Furthermore, I want to bring to the court's attention that I have previously received a parking ticket on my daily driver at the same gym location, which was later cancelled by the manager after providing evidence of my presence at the gym during the stated time. This demonstrates my willingness to address parking-related issues when I am indeed the driver.

    4. It is essential to highlight that the address of 197 Atlip Road and the post code HAO 4LW mentioned in the claim do not match. The contract, as described by CPM, appears to be wrongly drawn up and does not represent the actual area they claim to control.

    5. The contract provided by CPM does not grant them permission to pursue legal action through the courts.

    6. Furthermore, the contract is not in compliance with the BPA Code of Practice 13.1 or 13.3. The signage at Atlip Road explicitly states that there is no grace period for parking. This discrepancy demonstrates that the contract is not consistent with the BPA guidelines.

    7. CPM is in breach of contract point 4, as they do not possess planning permission for their ANPR signs.

    8. Contract point 8 is also erroneous, as there is no alternative to applying to the DVLA for keeper information. Their claim of having alternative means is unsubstantiated.

    9. I challenge the validity of the contract as certain essential details, such as signatures, have been redacted, making it impossible to verify its authenticity.

    10. The PCN provided by CPM is non-compliant, which means that the alleged debt cannot be transferred from the driver to the keeper. There is no basis for assuming that the keeper and the driver are the same person.

    In light of the aforementioned points, I respectfully request that the court considers these issues when making its judgment. I believe that CPM's claim lacks sufficient evidence and is based on a contract that does not hold up to scrutiny.

    I hereby declare that the facts stated in this witness statement are true to the best of my knowledge and belief.

    Signed: __________________________ [Name] Date: ___________________________

     

  5. Thank you dx, 

    I am the registered keeper, I did not see anything because she took those letters. 

    Okay here is the full story:

    My sister is a pharmacist, she working fills in for different pharmacies that have shortage. She was working at reading boots for 3 shifts 12,15 and 17th of feb. 

    she got tickets for two of those dates because “she had to drive through the bus only area to get to the boots car park”

    These tickets would arrive in my name, she'd open the letters and say she got a ticket and she's dealing with it. 

    She mistook the two tickets for one, so she only paid off the one on the 12th of Feb, and thought that's that... 

     

    So I need PE2 and PE3 forms... do I call the court on Monday to call off this "warrant" and what's the difference between a warrant and CCJ? 

     

  6. Okay here is an update:

    it’s the vehicle that my sister drives:

    reading bus Lane 

    it went to debt collectors

    she paid the original ticket: I’m getting her to send me the actual receipt 

    The agent say it’s not a CCJ. It’s a warrant … they’re looking for the car to take it 

    what’s the difference between a warrant and CCJ?

    Turns out she made a mistake and this is a different ticket…

    The agent advise me to pay it now and appeal it in court. If successful. They’ll refund 

    my appeal would be that my sister was driving the car and I have not seen any tickets. 
     

    is this the right way to do this ? 

  7. I have checked my credit report, there is nothing. I have not moved address, I've been in the same address for 14years. I have had a CCJ once before and I paid it on the same day some 7years ago. It disappeared from my credit report. I'm using credit Karma. 

    Here is the upload again

    Can they come into the house? this is surely a mistake? how can I find out, can I ring the court on Monday? is it too late by then?


    Upload_compressed_compressed.pdf

  8. Hi all, 

     

    I know this is probably a lost cause but I want to vent a little... 

     

    There is a new speed limit on part of the A40, from Westway bridge that was introduced a few months ago ... 

     

    There are already average speed cameras, They set the speed limit to 40 until you get to the Westway bridge (30)... now they have moved the sign forward a few meters back!!

     

    its so frustrating, because my sister had one last month and I was sure to do 30, I don't understand! did the speed limit change earlier from when the signs said so... 

     

    its so bad and confusing that there are numerous articles about it 

     

    https://twitter.com/ottocaruk/status/1557653090702090240?lang=en-GB

     

    IMG_3397 copy 2.pdf

  9. @dx100uk It was a work trip, I have been reading threads, however there are many jargon words and I am dyslexic, it take me a little longer to get there ... thanks for your patience. 

     

    I will say No to mediation because its private land parking, 

    Suitability for determination without a hearing? no, 

    Reason: There are factual disputes that requires a hearing (no need for more details?)

     

    I will make 3 copies 

    1 for Court/ 1 for Solicitor/1 for my file

     

    @lookinforinfo That is invaluable, thank you so much for the contract analysis. 

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