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  • FIRST POST
    • kappie
    • By kappie 7th Oct 17, 3:34 AM
    • 25Posts
    • 1Thanks
    kappie
    civil enforcement
    • #1
    • 7th Oct 17, 3:34 AM
    civil enforcement 7th Oct 17 at 3:34 AM
    need help i have received claim form county court and dont know what do .
    iv been some threads but its giving me headache.
    i was not the driver, and iv not received a letter before action
Page 1
    • Quentin
    • By Quentin 7th Oct 17, 8:14 AM
    • 33,044 Posts
    • 16,998 Thanks
    Quentin
    • #2
    • 7th Oct 17, 8:14 AM
    • #2
    • 7th Oct 17, 8:14 AM
    The Newbies faq thread near the top of the forum comprehensively covers court claims.

    See #2 there
    • kappie
    • By kappie 7th Oct 17, 9:17 AM
    • 25 Posts
    • 1 Thanks
    kappie
    • #3
    • 7th Oct 17, 9:17 AM
    • #3
    • 7th Oct 17, 9:17 AM
    been reading through page two of newbies but not quite sure what to put in my defence
    • Quentin
    • By Quentin 7th Oct 17, 9:22 AM
    • 33,044 Posts
    • 16,998 Thanks
    Quentin
    • #4
    • 7th Oct 17, 9:22 AM
    • #4
    • 7th Oct 17, 9:22 AM
    been reading through page two of newbies but not quite sure what to put in my defence
    Originally posted by kappie
    Page two is a waste of time (and space!!) as its just full of posts from others who cannot read not to post there!


    #2 is what you should be reading (ie post no. 2 on the first page)
    • kappie
    • By kappie 7th Oct 17, 10:49 AM
    • 25 Posts
    • 1 Thanks
    kappie
    • #5
    • 7th Oct 17, 10:49 AM
    • #5
    • 7th Oct 17, 10:49 AM
    sorry i meant #2 not page 2
    • Quentin
    • By Quentin 7th Oct 17, 10:56 AM
    • 33,044 Posts
    • 16,998 Thanks
    Quentin
    • #6
    • 7th Oct 17, 10:56 AM
    • #6
    • 7th Oct 17, 10:56 AM
    If you are getting a headache reading up on this maybe take a break or wait till you have a laptop or desktop to use.

    That thread has so much advice on dealing with not only the court forms but links to other resources including defences to use
    • kappie
    • By kappie 7th Oct 17, 11:01 AM
    • 25 Posts
    • 1 Thanks
    kappie
    • #7
    • 7th Oct 17, 11:01 AM
    • #7
    • 7th Oct 17, 11:01 AM
    if i have not had a letter before action are they in breach of court protocol
    • KeithP
    • By KeithP 7th Oct 17, 11:07 AM
    • 3,891 Posts
    • 2,126 Thanks
    KeithP
    • #8
    • 7th Oct 17, 11:07 AM
    • #8
    • 7th Oct 17, 11:07 AM
    if i have not had a letter before action are they in breach of court protocol
    Originally posted by kappie
    Yes............
    .
    • kappie
    • By kappie 7th Oct 17, 11:14 AM
    • 25 Posts
    • 1 Thanks
    kappie
    • #9
    • 7th Oct 17, 11:14 AM
    • #9
    • 7th Oct 17, 11:14 AM
    cheers i think i might be getting somewhere , think im coming out of panic mode
    • kappie
    • By kappie 7th Oct 17, 12:32 PM
    • 25 Posts
    • 1 Thanks
    kappie
    iv drafted up a statement in defence for a PCN County court claim is there anyone out there could check it out and tell me if it is any good
    Last edited by kappie; 07-10-2017 at 4:49 PM.
    • Megannie
    • By Megannie 7th Oct 17, 4:20 PM
    • 5 Posts
    • 0 Thanks
    Megannie
    Kappie same thing has happened to me :-(
    • Quentin
    • By Quentin 7th Oct 17, 4:53 PM
    • 33,044 Posts
    • 16,998 Thanks
    Quentin
    iv drafted up a statement in defence for a PCN County court claim is there anyone out there could check it out and tell me if it is any good
    Originally posted by kappie
    Make sure it's anonymous and post it here for comments
    • kappie
    • By kappie 7th Oct 17, 4:58 PM
    • 25 Posts
    • 1 Thanks
    kappie
    im new to this game
    how do i upload it
    yes i have removed an id
    • Quentin
    • By Quentin 7th Oct 17, 5:15 PM
    • 33,044 Posts
    • 16,998 Thanks
    Quentin
    Post it. If too big split over more than one post
    • KeithP
    • By KeithP 7th Oct 17, 6:10 PM
    • 3,891 Posts
    • 2,126 Thanks
    KeithP
    a) It was not a notice to keeper but a “Parking Charge Notice” as detailed in the title of the invoice.

    f) It was a speculative invoice titled “Parking Charge Notice” and not a notice to keeper...
    Originally posted by kappie
    Surely the first notice to you, the keeper, is a notice to keeper.

    It may have been late, it may have non-compliant wording, but I suggest it is a notice to keeper.
    .
    • Redx
    • By Redx 7th Oct 17, 6:20 PM
    • 15,919 Posts
    • 19,958 Thanks
    Redx
    Surely the first notice to you, the keeper, is a notice to keeper.

    It may have been late, it may have non-compliant wording, but I suggest it is a notice to keeper.
    Originally posted by KeithP
    agreed

    if the first postal notice was a Parking Charge Notice, then its a Notice about a parking infringement. If they obtained DVLA details for the RK, and sent the parking charge NOTICE to that KEEPER , then its a NOTICE to KEEPER

    THE TITLE IS ALMOST IRRELEVANT

    if they did not send it , then they are likely to have failed POFA2012, but if it was sent , within the relevant timescales, plus with the correct wordings required by POFA2012, then its an NTK - its still an NTK even if it fails POFA2012

    there is NO requirement for it to be titled NOTICE TO KEEPER
    Last edited by Redx; 07-10-2017 at 6:44 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • kappie
    • By kappie 7th Oct 17, 6:43 PM
    • 25 Posts
    • 1 Thanks
    kappie
    iv edited the paragraph does that look better
    • Lamilad
    • By Lamilad 7th Oct 17, 7:30 PM
    • 1,011 Posts
    • 2,010 Thanks
    Lamilad
    To be honest that defence is a bit of a mess....

    There have been some really good CEL defences posted on the forum over the past few months. You just need to do some more research

    Use the search function to find relevant threads.
    • kappie
    • By kappie 7th Oct 17, 7:33 PM
    • 25 Posts
    • 1 Thanks
    kappie
    I have change the parking charge section do you think its better
    • kappie
    • By kappie 7th Oct 17, 7:38 PM
    • 25 Posts
    • 1 Thanks
    kappie
    Dont know where to look i need some help
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