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Claim Form received - no NTK, no LBA received before

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  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    The defendant will in particular wish to verify that evidence of the alleged breach and required documents with statutory wording under The Protection of Freedoms Act 2012 Schedule 4 have been [STRIKE]served[/STRIKE] served to the Defendant. In the alternative, if not able to rely upon that Act, this Claimant must show evidence as to the identity of the driver. Absent evidence of one or the other, this Claimant has no claim in law against a registered keeper defendant.

    You could cover it by adding something like the suggested extra bit in blue above.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • LGTH
    LGTH Posts: 53 Forumite
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    Thanks Coupon-mad for the advise and your patience. Perhaps I am not a completely lost case. In any case this is a excellent learning curve (if very unpleasant) and a good exercise for me.
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    You are not a lost cause - I work too hard and am a sarky moo sometimes on here...sorry!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • LGTH
    LGTH Posts: 53 Forumite
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    Nothing really to be sorry about :)

    Claimant outlined dates not available referring to email. In the email ( nor in N180 or anywhere else) there are no dates at all. Is that something to be worried about? How do I find out what dates they cannot attend?
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    Does it matter, not really. Just state the dates YOU can't meet. Here is backtobasix' letter in post #106, which got his case stayed:

    http://forums.moneysavingexpert.com/showthread.php?p=72037750#post72037750

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • LGTH
    LGTH Posts: 53 Forumite
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    I see. Last question, a bit silly but I have never done anything of this sort:

    Do I need to address the letter (like Honourable Judge, or ???) to someone and then sign it like yours sincerely. Do I need to include my address and then the court's like in any other standard letter?
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    Mark it along the top:

    FTAO the overseeing Judge (Small Claims Track case allocation and orders), CCBC.



    Dear Sir/Madam,


    yours faithfully,

    and your name (Defendant)
    and full postal address
    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 THREAD
  • LGTH
    LGTH Posts: 53 Forumite
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    Evening guys,

    After sending off N180 (cofirmed by Court via phone and via MCOL as received) I am still waiting to hear from Court where the hearing will take place which is over a month now. Is this normal?
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    LGTH wrote: »
    Evening guys,

    After sending off N180 (cofirmed by Court via phone and via MCOL as received) I am still waiting to hear from Court where the hearing will take place which is over a month now. Is this normal?
    Phone the court and ask - they are usually very helpful.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • LGTH
    LGTH Posts: 53 Forumite
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    Good afternoon,

    I have been informed that the hearing will be in my Home Court at the end of July and it will take around one hour. the letter from Court told to send in WS before 14 days before hearing. So I have a couple of days to do this. Also received a WS from Claimant via email (and all other correspondence from them). They ripped my defence apart and I am panicking once again.
    What should be in the WS as the Claimant's also included the defence with other documentation that has been asked for by me (some missing though). Do I have to do that too?
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