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Court claim received Nov 12th 2020

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  • #16
    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

    Comment


    • #17
      Acknowledgement made via the online system. Now drafting my defence

      Comment


      • #18
        Thoughts ?
        Last edited by Businessboy; 17th November 2020, 13:17:PM.

        Comment


        • #19
          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.
          Last edited by Celestine; 17th November 2020, 14:31:PM. Reason: privacy

          Comment


          • #20
            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.

            Comment


            • #21
              Okay so remove pre estimate of loss?

              Comment


              • #22
                I'm confused on your last point. So I'm an embrassed defence?

                Comment


                • #23
                  What if I didn't ask for anything???

                  Comment


                  • #24
                    Forget that, getting mixed up with another case.

                    Comment


                    • #25
                      Okay so shall I shown you what I've got so far?

                      Comment


                      • #26
                        Okay so shall I shown you what I've got so far?

                        Comment


                        • #27
                          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.

                          Comment


                          • #28
                            Ohh damn I'm really sorry about that

                            Comment


                            • #29
                              Originally posted by Businessboy View Post
                              Ohh damn I'm really sorry about that
                              No worries, i was more concerning about protecting you, afterall its amazing how little info is needed to commit identityfraud nowadays
                              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.

                              Comment


                              • #30
                                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
                                Directions Questionnaire



                                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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