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UKCPM ticket no NtD, NtK arrived more than 14 days after dated.
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should I still win or better just pay to avoid a public register?
Loads of them, acknowledge the service of the claim on MCOL by registering on the Government Gateway and make a note of your unique ID number the system will generate (if you are new to it) because you do not see it again and you need it noted down.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Coupon-mad wrote: »We've never seen a poster lose a Gladstones defended claim from this forum! You should take heart from previous forum successes and read recent example Gladstones defence threads by searching for them.
Loads of them, acknowledge the service of the claim on MCOL by registering on the Government Gateway and make a note of your unique ID number the system will generate (if you are new to it) because you do not see it again and you need it noted down.
Thanks CM! Does 28 days relevant to when I acknowledge? Should I acknowledge asap or on the 14th day? I may get some free time during the weekend, and will try to get my head on this...0 -
AOS must be done within the first 14 days (any time then) which extends the defence time to 28 days counting from service of the court claim.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Image uploaded, any further suggestions? They didn't reply my previous response, which is:I have received your Letter Before Claim dated 14/11/16 and replied an acknowledgement on 28/11/16. I deny any debt to UK Car Park Management. Should your client choose to start court action against me, the claim will be vigorously defended.!
The driver is not identified in your letter and your client has failed to meet the requirements of The Protection of Freedoms Act to pursue me as keeper.
You also cannot presume that I possess all the documents referred to in your letter. Please send me copies of all the documents sent by the client.
When these are supplied, please also confirm whether the intended action is founded on a contractual charge, a breach of a contract or trespass.
Please confirm that your client's contract with the land-holder includes specific authority to take legal action and that this will be produced for the court.
When I receive the documents and your explanations I will be in a position to make a more detailed response. It would be unreasonable to proceed with litigation before you have clarified your client's cause of action.
Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.
Nevertheless, and notwithstanding the above comments, in the spirit of disposing of this matter swiftly and conveniently, I am willing to make an offer of settlement in the sum of £15 in full and final settlement of your client's claim. This offer is made entirely on a 'without prejudice' basis and with no acceptance of liability.
PLEASE NOTE:!This offer will remain open for a period of 30 days from the date of this letter (namely 28 days plus two days for service) after which time the offer will be withdrawn and any court action will be defended in the normal way. In the event of you failing to achieve a judgment in excess of the sum offered in this letter, an application will be made for an order that your client pay the defendant's wasted costs of the action in full.!
I respectfully remind you of your client's duty to mitigate its losses and trust that you will advice your client accordingly.
I look forward to receiving your written acceptance of this offer within the timescale stipulated in this letter.!
This letter was sent out on 12 Dec, I think it isn't too late is it?0 -
Seems tiny pic still not fully working
-- And finally got both displayed.0 -
This letter was sent out on 12 Dec, I think it isn't too late is it?
You can't show that letter in your evidence later, either, because you included a WP offer within the same letter (should have been on a separate sheet of paper, so that you could have shown the court later a copy of the letter where your responded and asked questions). You can't show WP negotiations in court so that letter is now null & void for showing at a hearing, although you can quote from the other parts of it to say you asked questions and they ignored you.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Coupon-mad wrote: »You can't show that letter in your evidence later, either, because you included a WP offer within the same letter (should have been on a separate sheet of paper, so that you could have shown the court later a copy of the letter where your responded and asked questions). You can't show WP negotiations in court so that letter is now null & void for showing at a hearing, although you can quote from the other parts of it to say you asked questions and they ignored you.
Thanks. I didn't know that... It was in another post and I thought it could be some sort of template, that's why I put all in one letter. If I knew it should be in separate letters, I would have done that. Sigh...
Based on the scenario in this thread, would you please suggest me any winning points? Or some procedures I should follow? Thanks a lot!
I'm not sure if I would need a solicitor, if I do, is there any particular place I should look at? I don't know the costs of solicitor, but not sure if it would be more expensive than if I paid in first instance And sorry for being an foreigner, I'm not very confident in my language that able to explain clearly in court...0 -
A quick question, should I tick Contest Jurisdiction?
It says:You can choose to contest jurisdiction of the claim made against you.
Thanks.0 -
A quick question, should I tick Contest Jurisdiction?
It says:
Thanks.
Nope.
If you live in E/W and the parking event took place in E/W, and the pending court case is in E/W, then contesting jurisdiction doesn't come into play.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 Street0 -
A quick question, should I tick Contest Jurisdiction?
Please read bargepole's thread about how to complete the various forms, if you haven't read it you have missed some very important advice. That's why it's one of the links under 'Small Claim?' in the NEWBIES thread.
This form is minor compared to the next stages and you need to be ready and know how to complete each form and who to send each piece of paperwork to.I'm not sure if I would need a solicitor, if I do, is there any particular place I should look at? I don't know the costs of solicitor, but not sure if it would be more expensive than if I paid in first instance And sorry for being an foreigner, I'm not very confident in my language that able to explain clearly in court...
You do not need a solicitor and don't apologise! We help people through these defences all the time - and your English seems fine - a Judge will not expect perfection from an inexperienced defendant.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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