Excel Parking Claim Form - Defence for Review

nosferatu1001

Yep. As the privacy notice is neither a ntd nor a ntk, it cannot fail to meet anything.  

Fruitcake

Fiortdunlop2020 said:

Hi nosferatu1001 sincere apologies you did indeed.
If honest I am still confused so sorry
But interpret as the subsequent NtK following NtD (Privacy Notice) failed POFA Para 9. therefore my Defence para #19 should read as follows:

19. The claimant affixed a ‘Privacy Notice’ on the windscreen of the Defendant’s car on the day in question. This Privacy Notice does not meet the definition of a Notice to a Driver as prescribed by the POFA and therefore the Claimants Notice to Keeper failed to meet the requirements as detailed under Paragraph 9.

Is this correct? Advance apologies if not.

Regards

Pedant alert. "Claimants Notice to Keeper" should have an apostrophe before the s.

Fiortdunlop2020

Thank you nosferatu1001 for confirmation and thank you Fruitcake.
Therefore leaving Defence Para # 19 as above with gramma amendment included. Final version for filing attached.

Fiortdunlop2020

Good Evening
So I have received today N172 Notice of Trial Date for first claim. Interestingly not at Warwick now and will be held at Nuneaton due to Covid . Unsure if non payment of court fee resulting in claim being struck out standard wording in these?

I have a draft Witness Statement and costs assessment which I am working on and will collate the evidence and submit WS for review. With a Trial date of 26th August, I understand I will need to file these documents no later than 29th July.
Note there is no reference from court regarding 2nd Claim and my notification of Cause of Action Estoppel, maybe this is because the defence submission date was only last Mon 6th July?
Regards

Coupon-mad

Usually it has directions about when both parties must file & serve their evidence and WS by and that's normally stated to be 'not later than 14 days before the hearing'.  Is 14 days not on that Order at all?

Fiortdunlop2020

Morning no that seemed to be on the N157 Notice of Allocation to the Small Claims Track (Hearing), point 4 sent early June: " The parties must send copies of their Witness Statements and documents to the court and each other no later than 28 days before the final hearing date...."

Do you think I need to act on point 3 of the N157 in light of receiving the Notice of Trial Date?:
"By 4 pm 13th Aug 20 the parties must notify the court in writing or by email....whether they agree to the Small Claim being determined by a Judge on the basis of their documentary evidence and written submissions, without attending a hearing at Court. If both parties agree, the Court will then notify the parties that the Small Claim is to be determined on the papers."

Thanks

nosferatu1001

Yes, of course you must respond and state NO, you dont want this to be on papers!

Coupon-mad

Obviously you respond and say no.
I put wording for that on the TELEPHONE HEARINGS thread in a reply last month.

Fiortdunlop2020

Good Evening so today I received following letter in regard to first claim.
In essence advising they would accept a reduced settlement charge of £145 - Should I not accept offer they will proceed to trial  bringing letter to courts attention and seek further costs of £220 incurred having to instruct a local solicitor to attend the hearing.
I am assuming I proceed to trial? Should I reply to this communication?
Thanks

PS Still in process of finalising Witness Statement will post when complete.
PPS Strange letter states VCS as Claimant not Excel Parking Services

Coupon-mad

Who signed it - Jake?

Reply and say they appear to be sharing data between VCS and Excel and you will be reporting them to the ICO and no thanks, you won't be settling with Excel or VCS and nor are you going to agree to a hearing on the papers.