MIL Collections Court Action after Mediation Failed

[jaysinc111]

Re: MIL Collections Court Action after Mediation Failed

Thanks M1

Before I write to claimant please can you explain to me why Point 4 in my defence is wrong?
From my research I found that assignment was under Law of Property Act and this had to be served by the landowner and evidence of this provided. The claimant has not done this as requested under CPR.
As I mentioned earlier I am now confused. This goes back over 2 years and I don't recall ever having received a parking charge notice. At the time of the alleged breach the town where I live lift all parking restrictions to allow for late night and weekend Christmas shopping and noting the time on the poc this would be consistent for the time of the year. The other issue is whether it was myself or spouse that had parked there at the time and neither of us have any recollection of this.
I got the template for my defence from another template from this site.

Please advise
Regards

Regards

[mystery1]

Re: MIL Collections Court Action after Mediation Failed

Oops. Yes tht part is fine, this part "The claimant failed to include a copy of the written contract as per Practice Direction 16 7.3(1) and Practice Direction 7C 1.4(3A)" isn't.

M1

[jaysinc111]

Re: MIL Collections Court Action after Mediation Failed

Thanks M1
Do you want me to re-do my defence and post on here before I make the request to the claimant?

[mystery1]

Re: MIL Collections Court Action after Mediation Failed

No. Request first. They'll probably not agree but you should ask just in case.

M1

[jaysinc111]

Re: MIL Collections Court Action after Mediation Failed

OK Letter of request to amend defence sent today. I expect them to not even respond to my letter so how long should I give them and then do I request the court for permission to amend defence?

Regards

[mystery1]

Re: MIL Collections Court Action after Mediation Failed

No, it'd cost you far more than it's worth and you'd be better off just going with what you have.

M1

[jaysinc111]

Re: MIL Collections Court Action after Mediation Failed

Well I got a letter from my home court today saying the case is to be transferred to there and (another) mediation will take place. What do you suggest I do in the long run. I have no income and work only when there is work available so therefore no money. What's the worst that can happen?
I am beginning to feel that this has been a waste of time in the long run...

[mystery1]

Re: MIL Collections Court Action after Mediation Failed

I'd suggest leaving it until you get directions from the court or a favourable reply.

The worst outcome is you lose and have money to pay. In that case you can set up a payment arrangement but will have an adverse marker on your credit file if you don't pay in full within 28 days.

MIL rarely (ever?) turn up and usually lose as a result. If they did win they wouldn't have extra costs to claim as they wouldn't have incurred any so it's almost a free shot at winning a case when the odds are quite good anyway.

M1

[jaysinc111]

Re: MIL Collections Court Action after Mediation Failed

Thanks M1. I'll post any developments on here for others to see.
Regards