ostell I've now acknowledged, I'm going to start building a defence but the main basis will be based on the lack of evidence being presented
Court claim received Nov 12th 2020
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This is what i have so far
Claim: xxxxxx
County Court Business Centre
Norwich Traffic Control vs xxxxxx
PCN
I am XXXXXX of XXXXXxx. I am the defendant in the matter.
The claim is denied in its entirety. I assert that I am not liable for the claimant for the same claimed, or any amount at all, for the following reasons. Any of which is key to the Claimant’s case.- The Claimant has no case to stand on
- The Charge is not a genuine pre-estimate of loss and therefore an unenforceable penalty
The Claimant has not provided adequate evidence/detail in the specifics of the claim to file a full defence. The full details of the contract which it is alleged was broken had never been provided, solely an image of the Keeper’s vehicle being parked in an undisclosed location with no evidence suggesting it is infringing on any contract. In addition to this a location was provided being Guardian Road, this location being too broad to specify an incident.
Furthermore to this being of no recollection to the defendant finding it unreasonable to believe that a parking charge notice was provided despite the defendant or the car never being at said location, As the Claimant has not provided any information regarding the contract.
The details of the signage contract has been made unaware to the defendant, causing for confusion in regard to how the claim is being made, and how there is an unreasonable sum for said claim.
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Pre estimate of loss was killed by Beavis
Location given of Guardian Road is a public highway and therefore the claimant has no authority to issue charges
Add in that this is an embarrassed defence as a request for further details of the claim were requested of the claimant's legal representative but there has been no response.
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Ive removed the post as it contained personal details which really should not be posted on the forum that anyone can access.I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.
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Originally posted by Businessboy View PostOhh damn I'm really sorry about thatI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.
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I am XXXXXXX of XXXXXX. I am the defendant in the matter.
The claim is denied in its entirety. I assert that I am not liable for the claimant for the same claimed, or any amount at all, for the following reason. Any of which is key to the Claimant’s case.- The Claimant has no case to stand on
The Claimant has not provided adequate evidence/detail in the specifics of the claim to file a full defence. The full details of the contract which it is alleged was broken had never been provided, solely an image of the Keeper’s vehicle being parked in an undisclosed location with no evidence suggesting it is infringing on any contract. In addition to this a location was provided being Guardian Road, this location being too broad to specify an incident. Further to this Guardian Road is a public highway and therefore the claimant has no authority to issue charges
Furthermore this being of no recollection to the defendant finding it unreasonable to believe that a parking charge notice was provided despite the defendant or the car never being at said location, As the Claimant has not provided any information regarding the contract.
The details of the signage contract has been made unaware to the defendant, causing for confusion in regard to how the claim is being made, and how there is an unreasonable sum for said claim.
Comment
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
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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
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