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Total parking solutions/ ie legal solicitors
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100 per pcn i cannot afford that. Where do I submit my defence? still very confused. Also about the date. I cannot find a reason for the appeal which will work. I cannot say i can't afford it or that I'm a student0
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What are the chances of me losing? I am really scared now0
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your defence is emailed as a pdf attachment (once you have drafted it) to the CCBC in Northampton , with the reference number in the header , then phone them to ensure they add it to your file
it is too late to appeal this
you can only defend yourself , not appeal
your defence will be based on legal arguments , not on the ability to pay or not. even if you have no money or assets at all , it wont prevent a judgment against you unless you are successful and win
this is a legal matter , like the JUDGE RINDER programme , but without all the theatrics and cat calling you get on there
you need to gen up and defend yourself , and try to win , otherwise it will cost you dear
so draft up a defence and post it on here, but with no personal details or references
once approved , you save it as a pdf and email it to the CCBC as an attachment0 -
I had a read through the forum and plucked out any relevant arguments. I just wanted to know if this is roughly what I can send them.
the County Court Business Centre
Claim Number: ___
Between:
Civil Enforcement Limited v ___
Defence!Statement
I am ___, the defendant in this matter and registered keeper of vehicle ___. I currently reside at ____.
I deny I am liable for the entirety of the claim for each of the following reasons:
The Claimant has added unrecoverable sums to the original parking charge. It is believed that the employee who drew up the paperwork is remunerated and the particulars of claim are templates, so it is simply not credible that £50 'legal representative’s (or even admin) costs' were incurred. I deny the Claimant is entitled to any interest whatsoever.
Schedule 4 also states that the only sum a keeper can be pursued for (if Schedule 4 is fully complied with, which it was not, and if there was a 'relevant obligation' and relevant contract' fairly and adequately communicated, which there was not as there was no clear, transparent information about how to obtain a permit either inside or outside the site) is the sum on the Notice to Keeper. They cannot pluck another sum from thin air and bolt that on as well when neither the signs, nor the NTK, nor the permit information mentioned a possible £900 for outstanding debt and damages.
1. The claimant failed to include a copy of their written contract as per Practice Direction 16 7.3(1) and Practice Direction 7C 1.4(3A). No indication is given as to the Claimants contractual authority to operate there as required by the Claimants Trade Association's Code of Practice B1.1 which says
1.1 If you operate parking management activities on land which is not owned by you, you must supply us with written authority from the land owner sufficient to establish you as the ‘Creditor’ within the meaning of the Protection of Freedoms Act 2012 (where applicable) and in any event to establish you as a person who is able to recover parking charges. There is no prescribed form for such agreement and it need not necessarily be as part of a contract but it must include the express ability for an operator to recover parking charges on the landowner’s behalf or provide sufficient right to occupy the land in question so that charges can be recovered by the operator directly. This applies whether or not you intend to use the keeper liability provisions.
2. The particulars of claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached. Indeed the particulars of claim are not clear and concise as is required by CPR 16.4 1(a). The Claimant are known to be a serial issuer of generic claims similar to this one. HM Courts Service have identified over 1000 similar sparse claims. I believe the term for such behaviour is roboclaims and as such is against the public interest.
The Defendant denies any liability whatsoever to the Claimant in any matter and asks the Court to note that the Claimant has:
(a) Failed to disclose any cause of action in the incorrectly filed Claim Form issued on 12th June 2017.
(b) Sent a template, well-known to be generic cut and paste 'Particulars' of claim relying on irrelevant case law (Beavis) which ignores the fact that this Claimant cannot hold registered keepers liable in law, due to their own choice of non-POFA documentation.
The vague Particulars of Claim disclose no clear cause of action. The court is invited to strike out the claim of its own volition as having no merit and no reasonable prospects of success.
I confirm that the above facts and statements are true to the best of my knowledge and recollection.
Signed0 -
Why are you copying dates not relevant to you? Your claim wasn't issued until a couple of weeks ago, surely?(a) Failed to disclose any cause of action in the incorrectly filed Claim Form issued on 12th June 2017.
And TPS is a BPA member, answerable to the BPA Code of Practice, but you've copied a middle section taken from a Gladstones defence citing the IPC Code of Practice (wrong one).
You need to copy a defence for a BPA member.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thank you for the feedback will go back and check again. Does this mean hey are definitely taking me to court?0
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No-one can say for definite, but they have paid for the claim to be issued, so they aren't bluffing0
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They issue claims to catch the unwary. If you don't know how to handle the forms, get advice here and from the other threads.
TPS are bluffers. They issue the claims and take what cash they are paid. They've only actually been in court once this year.0 -
I am currently working on my defence. I don't mean to be this helpless but i literally do not know how to handle the forms or anything. I will upload another defence tonight0
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Yes you do know how to do the forms - the NEWBIES thread post #2 walks you through EVERYTHING.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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