Wright Hassall : Formal Letter of Claim

[london boy]

Re: Wright Hassall : Formal Letter of Claim

Do these people not give up? !

[mystery1]

Re: Wright Hassall : Formal Letter of Claim

Well they have 6 years for the statute of limitations. Many appeared to give up until the supreme court ruling in Beavis rekindled their greed and gave them hope.

M1

[london boy]

Re: Wright Hassall : Formal Letter of Claim

Hi M1,

Happy New Year! You were right. I've got another love letter from these beautiful people. Well this time it's from the Country Court. They're claiming £330.86 now after adding on the court fee and legal representative's costs. The 'Particular of Claim' details the amount, interest , etc and goes on to say that 'I will provide the defendant with separate detailed particulars withing 14 days after service of the claim form'. Thoughts for next step? I've 14 days to respond.

Thanks,
London Boy

[mystery1]

Re: Wright Hassall : Formal Letter of Claim

Wait until you get the particulars of claim turn up or the 14 days runs out.

M1

[london boy]

Re: Wright Hassall : Formal Letter of Claim

thanks M1. I thought it was critical to respond to the Claim within 14 days?

Londdon Boy

[Amethyst]

Re: Wright Hassall : Formal Letter of Claim

The 14 days to acknowledge the claim starts from when you receive the particulars. However the courts might put through a default in error if the claimant asks for it after the 14 days (as they do not read the claims before issue) so maybe give the court a call and ask them to note on the file that you are awaiting particulars. If you don't get the particulars before 14 days you can inform the court of that.

[london boy]

Re: Wright Hassall : Formal Letter of Claim

At this stage I am tempted to pay as it's time and hassle. I know this is exactly what they want me to do though...

[Amethyst]

Re: Wright Hassall : Formal Letter of Claim

It is, and it is understandable, see what M1 thinks of your case, but I'd give it at least the 14 days to see if any Particulars show up before making a decision.

[mystery1]

Re: Wright Hassall : Formal Letter of Claim

https://www.justice.gov.uk/courts/pr...l/rules/part09



(2) Where the defendant receives a claim form which states that particulars of claim are to follow, he need not respond to the claim until the particulars of claim have been served on him.



If you want to pay, pay. I would negotiate a much smaller sum first though. It will cost them quite a bit to proceed to a full hearing so even £40/50 now is more profitable.

The instances of people losing and paying more are rare (usually those that don't turn up at court). Losing and paying less not as rare and quite a few are winning too. It's your call though.

M1

[london boy]

Re: Wright Hassall : Formal Letter of Claim

Thanks M1. Do you think I'd have much of a chance of winning based on the details I've provided? Of course, I'd rather not pay anything to these people. My only real concern is if something was to go wrong and I got a CCJ. That would be terrible for me in my position.

[mystery1]

Re: Wright Hassall : Formal Letter of Claim

Well if it's for "authorised vehicles only " http://www.parking-prankster.com/case-law.html read 35 & 36. Great chance of winning.

M1

[london boy]

Re: Wright Hassall : Formal Letter of Claim

well i've decided to take this all the way to the court. i actually went back and had a look at the signs again. The machine to pay for parking is lopsided and you can't even make out properly how much to pay. I didn't have any coins on me but suspect if may not even work. They sent me the court papers and it seems I was waiting for 12 minutes for my wife according to the ANPR. Never got out of the car as had kids with me. On xmas eve in the dark where it's pretty much impossible to see any signs! Plus this is a side road off a busy road. Just seems wrong!

[MIKE770]

Re: Wright Hassall : Formal Letter of Claim

[MENTION=5354]mystery1[/MENTION]

[london boy]

Re: Wright Hassall : Formal Letter of Claim

It's the particulars of the claim that i have received. Would you mind having a quick look at them and the photos of the signs/machine and let me know what you think?CE Claim Particulars.pdf

[london boy]

Re: Wright Hassall : Formal Letter of Claim

plus these ones.