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Claim defence

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  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    And writing your Witness Statement!
  • Indeed sir... indeed :)
  • Hilarious... Just received an LBCC from Gladstones... LOL
  • I've searched this one but come up with nothing on this site... What are your thoughts on the fact that the photo's where taken by a shop owner via the i-ticket app?
    Found this on another site:
    "Article 6 of the Human Rights Act guarantees your right to "face your accuser in court". In these cases that would be the person who took the photograph. By offering "complete privacy" this company is, therefore, acting illegally"
  • Umkomaas
    Umkomaas Posts: 43,394 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is your LBCCC dated 1 October 2017 or later? If so does it comply with the new Pre-Action Protocol, as explained here:

    https://www.hilldickinson.com/insights/articles/new-pre-action-protocol-debt-claims

    Does its reference number commence 1xxx or 3xxx?
    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
  • The art 6 point isn't a runner. The 'accuser' is the PPC and you will be able to have a hearing. You will obviously still want to see a contractual paper trail.
  • completelyfubar
    completelyfubar Posts: 83 Forumite
    Seventh Anniversary Photogenic Combo Breaker
    edited 27 October 2017 at 7:39AM
    Hi Peeps, I need some advice here please, really not sure what is going on.
    I have now got a second County Court Claim from Northampton but when reading closely it states a date 12 days earlier than the one I am contending at the moment.
    I have never had a PCN for this date and no correspondence from UKCPM at all. So I then went back through my pile of threatening letters from DRP and found a couple that had a different reference on them... I had just assumed it was for the same PCN and just added it to the pile!
    So the second LBCC (Gladstones) I got recently was actually for another claim and not the current one being defended.
    The thing is that I have absolutely nothing about this claim, no photographs, no PCN, just a couple of DRP letters and now a LBCC an CCCF

    So my question is, do I just put the same defence in for this one or alter it to indicate that I never received a PCN for this alleged infringement?
    This really has knocked me for six as I have already got my Court date for January 2018 and was building my witness statement and collecting evidence.
    Any help always well received guys
  • Umkomaas
    Umkomaas Posts: 43,394 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have a read of the last few posts of the following thread - the OP on that one has a similar issue.

    https://forums.moneysavingexpert.com/discussion/comment/73321168#Comment_73321168

    It may help?
    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
  • Thanks Umkomaas, that's exactly what has happened to me.
    OK, I only have one NTK for an another type of infringement but the fact that they haven't grouped them together does show an abuse of the system.
    Do you think my first line of defence is to do exactly that then? Email CCBS asking them to merge the cases and giving details?
    Cheers
  • Umkomaas
    Umkomaas Posts: 43,394 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I’m afraid I’d be guessing as much as you are.

    I don’t purport to have any expertise on the court front, there are more experienced regulars with court knowledge about. But there’s not many - the forum was formed to fight parking tickets at base level, where all of the regulars have knowledge, it was never envisaged this would morph almost out of control as a quasi-legal Board.
    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
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