Real or fake N1 Form - No POC?

Umkomaas

I'll admit this whole thing has me petrified, I haven't had to deal with anything like this before and am feeling very out of my depth.

The ideal PPC victim!

We're here to help you through it all. Stick with us.

GetSmarterVictoria

Thanks again. The estate agent have come back to me advising that they would never advise to park at the rear of the building due to restrictions (absolute rubbish as he directed me there and even met me at the back of the building). They're being entirely unhelpful but I'm trying to get them to send me a letterhead confirming the appointment to see if that'll help.

If they don't provide this, I'm gathering I have no defence?

nosferatu1001

Of course you hava defence You have YOUR EVIDENCE in YOUR WITNESS STATEMENT

GetSmarterVictoria

Hi All,

I've had a response from the estate agent basically saying that they will give me a letter confirming my attendance but will note in it that they did not give me permission to park. I'm gathering that this is useless and will not help me in any way?

They have said that I should contact the landowner to see if they could help as they are who commissioned the parking restrictions. Does approaching the landowner ever help in these cases or am I wasting valuable time?

I need to get started on my defence soon but haven't a clue where to begin so will have a read of the newbie thread and try and make sense of it all. I'm just very worried as I'm going to be relocating this summer and purchasing my first property the summer after that and the threat of a CCJ is scaring me so much that it's making me want to pay the extortionate fee just to be safe from it.

Again, thank you all for your help as it's made it feel as though I'm not struggling with it on my own.

Redx

Start with the concise defence by bargepole

Address the POC details that are on the claim form

Add no landowner authority

Add abuse of process from the thread by beamerguy if the claimant has added spurious charges which most do

No need to be worried about a CCJ

If you lose in court , pay the figure the judge says must be paid , in full , within one month , preferably as you leave the court on the day , that way any CCJ is expunged

GetSmarterVictoria

Thanks Red.

Thankfully (although I'm not sure if of any help) the estate agent have been decent and have provided me with a letter confirming my appointment that day.

They have suggested that I pay via land registry for the landowners details in order to confront them. Has anyone ever been successful in this way?

Redx

Many people have obtained the landowner details that way , complained , and been successful , so their advice is excellent , a letter from the landowner as a witness on your behalf would be brilliant

We tell people to complain to the landowner all the time on here

GetSmarterVictoria

Hi All,

Wow, whilst the level of support and information on here is outstanding, the several threads and examples of cases and defence are overwhelming when you don't understand the legal aspects...which is probably why my defence makes absolutely no sense!

Would anyone mind taking a look at this (particularly the closing part ref: claim dismissal as I haven't a clue if the references to CPR 27.14 are even relevant) - I used the template from bargepole as recommended by @redx. I should mention that as far as paperwork, I only have the letter from the estate agent confirming my appointment. I didn't mention that the carpark had several empty spaces as didn't know if that was relevant and could not add any landowner comments as I've not been successful in contacting them as of yet.

I also wanted to say... well done to everyone in this subsection that gives a bit of backbone against these cowboys...before seeking help here, I would never have noticed the hidden nonsense charge of £50 for "legal costs" that have been added to the claim. Not to mention that I would have likely lost my nerve and paid for everything out of fear of a CCJ.

Thank you all again!

Victoria.

---

In the County Court at XXXXX
Claim No. XXXXXXXX
Between
Civil Enforcement Ltd (Claimant)
and
XXX (Defendant)

---

Witness Statement - Abuse of Process & Lack of Correspondence

---

I am XXX, of XXX . The Defendant in this matter. I will say as follows:

I am a lettings tenant of XXX Estate Agents, and attach evidence of my appointment with them to sign my new leasehold contract on 28th November 2018.

On 28th November 2018, I visited as above, and parked my vehicle registration no: XXX in their car park as I have been given permission to do so in the past when signing with the estate agent. I was grateful as always, for the close by parking due to carrying my one-year old daughter in her car seat. The particulars of the claim state that I was parked there for 17 minutes but is not accompanied by any photographic evidence.

On the 1st October 2019, I received a Court Claim form from the County Court Business Centre, Northampton explaining that I was being pursued for debt and damages by Civil Enforcement Ltd. Up until receipt of this letter, I had received no correspondence to advise that I was being pursued for ‘parking charges'.

In addition to the 'parking charge', the Claimant has artificially inflated the value of the Claim by adding costs of £50 which has not actually been incurred by the Claimant, and which are artificially invented figures in an attempt to circumvent the Small Claims costs rules using double recovery.

It is my position that the Claimant has no standing, or cause of action, to litigate in this matter.

I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signature
Date

GetSmarterVictoria

If anyone could have a look over it, it'd be hugely appreciated as I'm not quite sure that it makes any sense!

Thank you!

Le_Kirk

Well, it makes sense to me. However, you might want to add a bit more meat on the bones by looking at the Abuse of Process thread by beamerguy and adding the comments you will find at post # 14 of that thread - unless of course you referred to it in your defence. In that case just a short summary will suffice. At the beginning of your WS, you might state "this is my Witness Statement in support of my defence already filed." Did you put anything like "Promissory Estoppel" in your defence? If so fine, if not, look it up (so you understand it) and add it to the beginning of your WS after the paragraph explaining that the Estate Agent gave you permission to park there, as that is, in effect what the Estate Agent granted you.