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Premier Park County Court claim Northampton.

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  • Hello all, hope your Christmases were joyous!
    Filed AoW today, so now I guess it is get new year out the way, and then start filing a defense.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Good , and it's AOS , and Defence , lol (no S)
  • Debunked
    Debunked Posts: 108 Forumite
    100 Posts Third Anniversary Name Dropper
    Redx wrote: »
    Good , and it's AOS , and Defence , lol (no S)
    Thanks that is terrible, my spelling is normally better than that. Blaming christmas drink :rotfl:
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Better to debunk the assumptions or incorrect dictionary now at hors douvres rather than when the main course arrives with your defence draft, then more people here can concentrate on the legal points and the better it will be before the pudding arrives
  • Umkomaas
    Umkomaas Posts: 43,379 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 December 2019 at 9:48PM
    Redx wrote: »
    Better to debunk the assumptions or incorrect dictionary now at hors douvres rather than when the main course arrives with your defence draft, then more people here can concentrate on the legal points and the better it will be before the pudding arrives
    You're on a festive roll there Redx. Like it! :D
    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
  • Debunked
    Debunked Posts: 108 Forumite
    100 Posts Third Anniversary Name Dropper
    Hi all, just getting around to getting a defence prepared. Just a couple of questions.
    I have read a thread with a similar date of claim as mine, and they talked about they had not received the particulars of claim, and were told to hold fire until that arrives. Theirs has now arrived and they have filed AoS. I have not received my PoC yet, but I have filed my AoS. Is this going to be a problem?
    Also they have an ANPR photo of the car leaving the car park after 15 or so minutes, and although you can clearly see it ISN'T me. It is clear that the driver is female, I'm worried how the judge will deal with this as I'm saying I don't know who was driving. Will he not say "how can you not tell who that is?".
    Also I have not received any correspondence from Premier regarding the SAR. I have also sent a follow up email.
    Sorry it is long winded, but I want to be sure of where I stand to give myself the best shot.
    Kind Regards
    Debunked
  • Debunked
    Debunked Posts: 108 Forumite
    100 Posts Third Anniversary Name Dropper
    Apologies PoC is on the claim form, but rest need help with thanks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    DO NOT MISS your deadline listed in post #5

    complain to the ICO if its been more than one month since the SAR was sent

    your reply is that you are under no obligation to name the driver and its clearly NOT YOU

    try reading recent winning court cases, especially those from this week alone, like this one where it was explained about hating shopping for example



    https://forums.moneysavingexpert.com/discussion/6024795/vcs-issued-pcn-after-25-days-i-told-them-where-to-stick-it-now-dcb-legal-have-sent-me-an-lbc&highlight=shopping&page=6
  • Debunked
    Debunked Posts: 108 Forumite
    100 Posts Third Anniversary Name Dropper
    PoC seem very basic to me it's as follows,

    The Claimants Claim is for the sum of £XXXX being monies due from the Defendant to the Claimant in respect of a parking Charge Notice (PCN) issued on XXXXX (Issue Date) at XXXX at XXXXXXXX (ANPR)

    The PCN relates to XXXXX under registration XXXX.
    The terms of the PCN allowed the Defendant 28 days from the Issue Date to pay the PCN, but the Defendant failed to do so.
    Despite demand having been made, the Defendant has failed to settled their outstanding liability.
    The Claim also includes Statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from XX/XX/XXX to XX/XX/XXXX an amount of XXXX.

    The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions.

    I have left specific details from the PoC out, so not to make it too obvious who I am lol!
  • Debunked
    Debunked Posts: 108 Forumite
    100 Posts Third Anniversary Name Dropper
    Brilliant thanks for the help Redx, needed a bit of guidance finding some relation threadwise to my case. Obvs will have abuse of process argument in as well.
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