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Hi, I have received a N1 std claim form for overstaying on a supermarket car park, premier park Ltd. I have ignored all letters hoping it would go away. Any advise on how I can fight this? Any help would be appreciated.
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You can fight it by:
1. filing the acknowledgment of service stating that you intend to contest the claim..
2. Preparing your written defence.
3. As to 2: https://legalbeagles.info/library/gu...y-court-claim/Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf -
Hi there
Theres a few things to consider. If the ticket was issued by post then you need to look at whether the ticket was compliant with the Protection of Freedoms Act 2012. If it isnt then the creditor will struggle to pursue you as the keeper. I wouldnt admit to them who the driver was as it will open the door to a challenge in contract and you dont need to go down that road.
Also, what does the ticket actually say, for example if the ticket is for parking where there is no right to park then that automatically faces difficulty as the claim would need to be for trespass rather then contract.
As Atticus says, you can defend this, there is info on here how to do so, its a case of reading up.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
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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.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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