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Do I defend myself in person at Civil National Business Centre, against parking fine

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  • #16
    If you go to court, and assuming you are being sued as the keeper and lose, at that point you need to remind the judge that the claimant can only recover that portion of the charge which remains unpaid.

    Generally this is only £100, not the £170 on the claim form.

    This is as per PoFA2012 Schedule 4 sec9 (2) (f) :
    (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is givenó

    (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

    (ii)the creditor does not know both the name of the driver and a current address for service for the driver,

    the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid
    ;

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    SHORTCUTS

    Pre-Action Letters
    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Witness Statements
    Directions Questionnaire
    Statute Barred Letter



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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