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Claim form received from alleged offence 4years ago

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  • Claim form received from alleged offence 4years ago

    Hello any advise greatly received
    i received a parking charge though the post 4 years ago
    it was for a old company car and numerous people had access throughout the day/week. The letter via Bw legal and napier parking arrived numerous months later. Previous advise and communication helped me to formulate a response. After 4 months with no reply a second letter (same as previous) arrived. With help again i formulated the response below
    26/6/20


    To whom it may concern


    Regarding a Letter of Claim delivered by yourselves for the collection of £150.00 on behalf of Napier Parking Limited and additions of initial legal costs, estimated court fees and estimated solicitors cost outlined by your last letter (totalling £229.18)


    As stated in my previous correspondence concerned with this alleged contravention, I am denying the debt as the company vehicle in question was utilized by multiple drivers at any one time and no one is able to remember this alleged contravention on the unremarkable day.


    As explained in 2 separate previous replies I would like to make clear your client has failed to meet POFA2012 schedule 4 paragraph 9, 13 and 14 requirements to hold the keeper liable for this alleged debt.


    I am again writing to you to deny the debt as I have never been liable as no notice to hirer was ever served on myself and if it was did not include the mandatory enclosures under POFA Schedule 4Paragraph 13/14. If your client disagrees with this in the interests of open dealing and the overriding objectives of the court please provide proof, they complied with POFA2012 schedule 4 Paragraph 9, 13, 14. Please provide this within 14 days.


    Previous correspondence included this request and still I am waiting for the proof/documentation originally asked for on the 11th February 2020


    I then have heard nothing for 3 years until a claim form from civil national business centre arrived with the revised amounts of
    amount claimed : 357.84
    court fee :50
    legal representative fee : 50
    total amount : 457.84

    ive read the claims form and understand to answer with 14 Days which i will - is there anything else needed at this stage ? I have previously sent a SAR request to Napier in 2020 for the document which they have sent (although i didn't receive 60% of the letters they claim to have posted )
    thanks
    Tags: None

  • #2
    It seems to me that you have just set out the grounds of your defence.
    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 this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      You could send a CPR31.14 request (https://legalbeagles.info/library/gu...-of-documents/)

      Comment

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