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Claim Form received - no NTK, no LBA received before
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Good evening,
Could you please advise if the above is any good? Thank you in advance.0 -
Could anyone please comment on the above? I understand we are all busy but if anyone has a spare minute, it would be really helpful as my deadline is approaching fast.0
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What I meant is it is my car - I own it and I am RK. No firm is involved, I have rented out a vehicle to a driver privately. I have received no PCN nor LBA, just a claim form from CCBC in Northampton. I know who the driver is but I presume the Claimant and PPC do not and they obtained my details from DVLA.
The driver now has returned the car, did not make me aware that he had windscreen ticket issued or if it was through ANPR. since then he is ignoring my calls or dropping them. I could go to his address but as he is traveling with work a lot, I would have to play private detective to catch him.
The Claimant is Gldstones on behalf of PPM who are with IPC.
why if you the named person on the V5 , have you never recieved any paperwork, within 14 days or within 29-57 of the incident?Save a Rachael
buy a share in crapita0 -
[FONT="]Could you please advise on the below defence, I do not have a lot of info about the location and signs, etc. There are so many questions I am not very clear about as well. But perhaps - one step at a time. Does this look any good? [/FONT]
[FONT="]I am XXXXX, defendant in this matter and deny liability for the entirety of the claim for the following reasons:[/FONT]
[FONT="]1. It is admitted that the Defendant was the authorised registered keeper of the vehicle in question at the time of the alleged contravention.[/FONT]
[FONT="]2. The Claimant has no cause of action against the Defendant as the Defendant has not been a driver at the time when the parking charge has been incurred. [/FONT]
[FONT="]3. The identity of the driver of the vehicle on the date in question has not been ascertained.[/FONT]
[FONT="]4. The Defendant, as the keeper of the vehicle has no liability unless the Claimant has met the provisions of the Protection of Freedoms Act 2012 in order to hold the defendant responsible for the driver’s alleged breach. This includes serving a notice to keeper that must meet the strict conditions listed in Schedule 4, Paragraph 8 of the legislation. The Claimant has never served a notice to keeper or letter before claim. If the Claimant produces such a notice with proof of postage the Defendant asks for leave to amend the defence [/FONT]
[FONT="]5. Since the Defendant has not been a driver at the time of the alleged contravention and has never been to the location of the incident, the Defendant has no information regarding the signage and contract between the Claimant and landowner if the Claimant is an acting agent on the behalf of the landowner. The Defendant has requested the information on signage at via email on XXXX followed by a written letter on XXXX. No reply or confirmation of the receipt has been received yet. If the Claimant provides this information the Defendant asks for leave to amend the defence. [/FONT]
[FONT="]6. The Particulars of Claim is vague and incompetent as cause of action is not disclosed:[/FONT]
a) [FONT="]The Claimant has stated that a parking charge was incurred for breaching parking terms on the land at XXXX which does not adequately describe the basis on which the claim is brought. [/FONT]
b) [FONT="]It is not clearly stated whether the Claimant claims £150 for the parking charges and/or damages and indemnity costs if applicable. [/FONT]
c) [FONT="]There is no explanation in the Particulars of Claim how the sum of £150 has been calculated.[/FONT]
[FONT="]7. The Defendant also disputes that the Claimant has incurred £50 solicitor costs as the Defendant has a reasonable belief that the Claimant has not incurred £50 to pursue an alleged £150 debt.[/FONT]
[FONT="]8. The maximum sum which may be recovered from the keeper is the amount specified in the notice to keeper. The Defendant has a reasonable belief that the claimed £150 includes additional charges which then fails to comply with Protection of Freedoms Act Schedule 4 Paragraph 4. [/FONT]
[FONT="] [/FONT]
I believe that the facts stated in this Statement of defence dated xxxxx are true.
I would add that there is no evidence of a contravention and the claimant is put to strict proof, not just ANPR photos of a car driving in and out which is never evidence of any contravention.
And that there is no evidence of 'clear and prominent' terms on parking signs with the parking charge itself in large lettering, so the claimant is put to strict proof of this and that the terms as stated on the signs, were breached.
And add that, in common with most private parking firms, it is believed that this claimant does not own the land in question, so they are put to strict proof of their contract terms describing the level of enforcement, rules, exemptions, grace periods, charges and contraventions as set out by the landowner.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 Coupon-mad, can I just ask - should I add these suggestions in the paragraphs already outlined or make it like a separate ones?0
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Am I missing something? Why dont you say that you were not the driver,, x was and you had rented the car to x in a private rental agreement dated x and the car was in X's exclusive possession between x and y dates? Rather than just saying the driver hasn't been ascertained.....Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
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True. If a keeper was not the driver, that should be stated at the start.Loadsofchildren123 wrote: »Am I missing something? Why dont you say that you were not the driver,, x was and you had rented the car to x in a private rental agreement dated x and the car was in X's exclusive possession between x and y dates? Rather than just saying the driver hasn't been ascertained.....
Separate ones, keep them as snappy, numbered bullet points.should I add these suggestions in the paragraphs already outlined or make it like a separate ones?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Good evening,
I have given a skeleton defence now. I have received a form to fill in with main points being:
- do I want mediation
- is it ok that it will be a small claims track
- where I want the hearing and why
Please could you advise, especially on the last one (I have a feeling that claimant wants a specific location most suitable for them for a good reason).0 -
No need for advice, this is DQ stage and is already fully covered by bargepole in his post about what happens when, which we encourage defendants to refer to at every stage. Post #2 of the NEWBIES thread.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
I am trying to write a covering letter in response to special directions.
"The Defendant has been informed that the Claimant has proposed a hearing on the papers because it considers the matter to be relatively straightforward.
The Claimant also requests to transfer the hearing to the Claimant’s local court if the Defendant does not consent.
The Defendant objects strongly to these proposals.
The Defendant denies that the matter is relatively straightforward.
The issues in dispute include unclear Particulars of Claim and total lack of acknowledgement regarding originals or copies of any evidence or proof of the alleged charge.
As a litigant in person, the defendant would be seriously disadvantaged against the claimant, a parking company that has employed its trade association's solicitor to prepare its documents. The defendant will probably also wish to question the claimant regarding its witness statement and other documents.
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 have been served served to the Defendant.
If the case is not struck out due to incoherent particulars failing to meet the requirements of CPR16.4 and PD16 7.3 - 75, the Defendant therefore requests that the matter is transferred to his local court in accordance with the Civil Procedure Rules when the Defendant is a consumer."
Should I also include that Claimant has to prove the Defendant was the driver on the date of the incident? Or is it irrelevant?0
This discussion has been closed.
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