WY/Gladstones claimform - PCN Glassy Bar 95 Legrams Lane Bradford

[shaf0312]

Hi,

http://www.consumeractiongroup.co.uk/forum/showthread.php?477641-WY-Gladstones-claimform-PCN-Glassy-Bar-95-Legrams-Lane-Bradford-BD7-1NH(2-Viewing)-nbsp

 

I'm in the same situation as above, at the same parking site on the same date.

 

As per the msgs before,

ive acknowledged the MCOL and sent the CPR 31.14 Request to the solicitors today.

 

When would i need to send the defence to the court??

straight away or wait?,

and what to do i need state on it?

 

Any help would be greatly appreciated

Thanks

[shaf0312]

Hi

I received a parking ticket from last year when my vehicle was parked in an empty cash and carry car park.

 

 

I initially ignored the ticket but then later responded advising WY Parking Enforcement Limited that I was not the driver at the time.

 

This week I’ve received a claim form from Northmpton County Court Business Centre

 

Name of the Claimant WY Parking Enforcement Limited

Date of issue – 9th August 2017

 

What is the claim for –

 

1)The driver of the vehicle registration (the 'Vehicle') incurred the parking charges (s) on 29/10/2016 for breaching the terms of parking on the land at Glassy Bar 95 Legrams Lane Bradford BD7 1NH

 

2}The defendent was driving the vehicle and/or is the keeper of the vehicle.

 

3)AND THE CLAIMANT CLAIMS

£150 for parking charges / damages and indemnity costs if applicable, together with interest of £8.39 pursuant to s69 of the county courts act 1984 at 8% pa, continuing to judgement at £0.03 per day.

 

• What is the value of the claim?

Amount claimed £158.39

Court fee £25

Legal representative's fee £50

Total amount £233.39

 

I have seen a similar thread, in which it was advised to acknowledge the MCOL and send the CPR 31.14 request to the solicitors.

Please can you advise on the correct action to take?

 

Any help would be greatly appreciated

Thanks

[dx100uk]

yes get a move on!!

 

you only have a total of 33 days to file a defence

and you've yet to even acknowledge the claim [AOS due by day 19]

 

nor sent gladdy's a CPR 31:14

 

get them done TODAY.

[shaf0312]

Hi

 

Ive acknowledged the claim AOS online today and sent the CPR 31:14 letter to Gladys today also.

 

In relation to the defence do i submit that online today aswel? and is there anything specific i need to state in the defence?

 

Thanks for the help

[dx100uk]

no by day 33

2 line defence already on 100's of PCN claimform threads here already

and theres that other thread in post 1 to watch too.

 

 

dx

[shaf0312]

Thanks, il keep the thread posted with any updates as and when i get them

 

Thanks

[dx100uk]

do NOT miss your defence filing date whatever happens or doesnt

[shaf0312]

I need to file the defence before day 33, is that 33 days from the issue date on the court letter?

 

My Issue date is 09/08/2017

Deadline to file defence wold be: 10/09/2017

 

Would i be right in thinking i need to file the defence nearer the deadline e.g a few days before.

Allowing time for Gladys to respond if they were to respond?

 

Thanks

[dx100uk]

have to be the Friday 8th sept by 4pm as day 33 is sunday

 

 

2 line defence on nearly every claimform thread in this forum.

[shaf0312]

Thanks, will do and will update the thread

[ericsbrother]

If you are going to rely on non compliance of the POFA make sure that it is clear whether you are denying being the driver at the time

[shaf0312]

Hi, my defence is due to be submitted by this friday 4pm.

What do i need to put in the defence, based on non compliance of POFA and me denying being the driver at the time.

Ive searched a number of other threads but getting confused as to what i need to use.

Any help would be appreciated, thanks

[dx100uk]

the simple 2 line defence

nothing you need to get confused about

 

 

post 1 5 9 11 all relate to it.

 

 

cant see you've actually searched anything here unless you've done it whilst not logged in to CAG?

[ericsbrother]

you will need to deny that any contract exists between the claimant and yourself, put this in front of the bit about not being the driver /no POFA compliance etc. and then write "and in any case" the go on to those bits

[shaf0312]

Ive been seraching whilst not logged in till last night when i managed to reset my password.

 

Was only confused because the threads provide alot of info and you stated to provide a 2 line defence.

 

Hi Eric, which thread do i need to look at, in relation to above about no POFA compliance what you are referring to above

[ericsbrother]

you need to read the Protection of Freedoms Act 2012 sch 4, paras 8 and 9 in particular and then read the NTK they sent to see why it isnt compliant.

 

When you acknowledge a claim there is space on the form or in the online box to file a short defence. This is an outline of what your defence is, hence the oft quoted 2 lines. They can be found in many threads on here but when you have to attend the hearing you chuck everything including the kitchen sink into your witness statement and documents you intend to rely on.

 

The 2 line defence merely gives the bandits warning that they are going to have a fight on their hands and they may well withdraw the claim as it costs them more to progress than they can actually win.

 

The reason they issue these dodgy claims is that 85% of people DONT defend so it is a numbers game for them. If every claim was defended they would be out of business even if they won the same percentage.

Edited September 7, 2017 by honeybee13
Paras.