I missed the date to response to Claim Form

Quentin

Go through all those dropbox scans (#50) and remove/redact all the personal info and unique info that identifies you.


You also need to change your forum name to something anonymous. Contact MSE and ask that they change it as you inadvertently used your real name as your board name

TRUTHSEEKER

Quentin wrote: »

Go through all those dropbox scans (#50) and remove/redact all the personal info and unique info that identifies you.


You also need to change your forum name to something anonymous. Contact MSE and ask that they change it as you inadvertently used your real name as your board name

Thank you for good point..goint to fix this now

TRUTHSEEKER

I hide my private info on docs.
All your ideas very welcome!

Quentin

TRUTHSEEKER wrote: »

I hide my private info on docs.
All your ideas very welcome!

Check again.

I haven't been through them all but one I looked at still has the unique to you pcn number

TRUTHSEEKER

I haven't been through them all but one I looked at still has the unique to you pcn number[/QUOTE]
Thansk indeed, sorted out this one too.

TRUTHSEEKER

Coupon-mad wrote: »

OK, show us all their WS as a Dropbox link here, and we will help you pull their evidence apart. We like doing that.

A video of the location, filmed in the dark, is good evidence that should accompany your WS this coming week.

I WILL APPRECIATE COUPON-MAD FOR ANY HELP TO PUT IT RIGHT WORDS FOR DEFENCE WS.
`I will go later at dark to make video and extra pictures and update my dropbox.

Coupon-mad

You asked this on another thread:

dziugaso wrote: »

I wanted to get a more explained in simply language for a dummy not english person quoted wording and generaly this point about driver and keeper matter:
1. everywhere is written never admit who was a driver and have i keep that agenda also in hearing, but the judge will ask who was driver, what i shoud tell then?
2. how it help me that im only keeper if I don't have any proof that was driving was another person? by updates of law they make assumption that it was the same person driver and keeper.

1. A Judge is VERY unlikely to ask who was driving. If they asked outright you would never lie to a Judge, but you could say that you have opted to defend this as registered keeper, to protect the driver who has no statute law to rely upon about liability for parking charges (unlike a keeper who has the POFA as the law).

2. You don't need to prove who was/wasn't driving. It is for the Claimant to prove their case and there is no lawful assumption that a keeper was driving. Here is my usual wording - partly cribbed from Johnersh, hat tip to him!) in a defence:

Absence of 'registered keeper liability'
5. The Claimant has provided no evidence (in pre-action correspondence or otherwise) to identify the driver. The balance of probabilities is not tipped in the Claimant's favour, given the fact that more than one person drives this car. The Defendant avers that the Claimant is therefore limited to pursuing the Defendant in these proceedings under the provisions set out by statute in the Protection of Freedoms Act 2012 ("the POFA").

5.1 If seeking to rely on the keeper liability provisions of Schedule 4 of the POFA, the Claimant must demonstrate that:
5.1.1. there was a ‘relevant obligation’ either by way of a breach of contract, trespass or other tort; and
5.1.2. that this Claimant has established itself as the offeror and creditor; and
5.1.3. that it has followed the required deadlines and wording as described in the Act to transfer liability from the driver to the registered keeper. It is not admitted that the Claimant has complied with the relevant statutory requirements and the Defendant is unaware of any postal 'notice to keeper', or a windscreen 'parking charge notice' that the Claimant may allege were served.

5.2. To the extent that the Claimant may seek to allege that any such presumption do exist, the Defendant expressly denies that there is any presumption in law (whether in statute or otherwise) that the keeper is the driver. Further, the Defendant denies that the vehicle keeper is obliged to name the driver to a private parking firm. Had this been the intention of Parliament, they would have made such requirements part of the POFA, which makes no such provision.

TRUTHSEEKER

Coupon-mad wrote: »

You asked this on another thread:



1. A Judge is VERY unlikely to ask who was driving. If they asked outright you would never lie to a Judge, but you could say that you have opted to defend this as registered keeper, to protect the driver who has no statute law to rely upon about liability for parking charges (unlike a keeper who has the POFA as the law).

2. You don't need to prove who was/wasn't driving. It is for the Claimant to prove their case and there is no lawful assumption that a keeper was driving. Here is my usual wording - partly cribbed from Johnersh, hat tip to him!) in a defence:

Sure, I did ask. Thanks for the reply even this special evening of the year! :beer:
Is more clear that matter now.
May I asking too much but if you could tomorrow look to the my defence letter [in dropbox folder] and make it strong WS that I can relay on..for me that all is so "dark foret" to craft it all in good shape :A:rotfl:
And have the best companions and mood for this NY evening!:T

logician

dziugaso wrote: »

May I asking too much but if you could tomorrow look to the my defence letter [in dropbox folder] and make it strong WS that I can relay on..for me that all is so "dark foret" to craft it all in good shape :A:rotfl:
And have the best companions and mood for this NY evening!:T

Hi

the two links provided are for the same WS documents from the Claimant/Gladstones

Have you drafted a WS yet?

I have had a quick read of the thread and the documents.

The landowner contract only permits the Claimant to pursue DRIVERS and not the RK.

I see Gladstones are up to their usual template crap of Elliot v Loake which can be rebutted .

TRUTHSEEKER

logician wrote: »

Hi

the two links provided are for the same WS documents from the Claimant/Gladstones

Have you drafted a WS yet?

I have had a quick read of the thread and the documents.

The landowner contract only permits the Claimant to pursue DRIVERS and not the RK.

I see Gladstones are up to their usual template crap of Elliot v Loake which can be rebutted .

I adding a new link with my pictures and video of location. Videos I done yesturday and they look very dark, in fact there is better ligthing conditions but the phone camera was able just to make this dark. In other hand may it good for me as evidence that at rainy evening is nothing seen there when you drive in private parking, no clear and lighted sings, only you can see clearly a common restricted time parking sign which is not valid at evening. What do you think?
https://www.dropbox.com/sh/madptu6wfi3xjot/AADuBqRyJIMaToI8_gD3gXeva?dl=0
I havent done any WS by now, my english too poor to put all in right wording form and expant my defence statment in responding to claimant WS.

I think myself I can realy on:
1.The NTK was sent to the old address and at that time my new address was registered with DVLA but for some reason UK Car park managment Ltd didnt manage to get correct address only the debt recovery started sending reminders to pay.
If isit good evidence to and a copy of my Dr.Licence with showing a date when it was issued with a new address?
2. All location coditions with poor signage and darkness supported with video and pitures.
3. The landowner contract only permits the Claimant to pursue DRIVERS and not the RK
4. I have no official request for additional documents from claiment only It was phone call debt recovery company where I stated that didn have any NTK received to my address and need to have info to understand what there they speak about and why I should pay them.
5. Also, when I look to my defence letter I presume I need to extend and support most of phatagrafs # 2-13.
6. If GS and WS isusual template crap of Elliot v Loake which can be rebutted,so how to do that?
I will paste in the second post my Defend letter again.
But I dont have any good sample which i can follow and adapt to my case..I still looking in NEWBIES BUT DIDNT COME ACROSS ANY GOOD.
PLEASE HELP ME IF ANYONE CAN!