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nosferatu1001

Have you done everything else? I gave you a list. Tell us what is done

KeithP

Statement of Truth I,xxx, the Defendant, believe the facts stated within this Witness Statement is true.
Signed: ______________________________
Dated:

Your Statement of Truth is insufficient.

yl91

nosferatu1001 said:

Have you done everything else? I gave you a list. Tell us what is done

1) N244 - filling this out, for question 9; i assume put down the solicitor and 9a; the Private parking firm, correct? 
2) Witness statement has been done - previous post.
3) Draft order we have written 4 points.
4) Draft defence (to support CPR13.3) - yet to complete
5) All exhibits that you introduce in your WS to support e.g. there to be found at new address, not at old address since Y date proven by something official, etc. - yet to complete

EDIT: After reading more and more threads it has given us more knowledge in regards of this case. Will redo the points and update the progress tomorrow. 

Thanks for your time guys,

Redx

your WS overleaf has spelling errors in it , like dependence instead of defendant , proof read it before sending anything off

ensure this is done by the defendant (victim) , your other half if its her legal problem, so not in your name if you are not the defendant

Coupon-mad

 I have no idea as to where and when I was parked or fined 

Change to:
 I have no idea as to who was driving, what the parking restrictions might have been, how clear (or not) the signs were or any other details about the alleged contravention and I put the Claimant to strict proof of this before I can go forward to fully defend this claim once the CCJ is set aside in accordance with CPR13.

1505grandad

A heads up:-

"IT IS ORDERED THAT: The (judgment) dated.........."  -  (correctly spelt in this context)

However there are other references where an incorrect middle "e" is present.

yl91

3. Order dismissing the Claim

 3.1 I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand the Claimant to be a Private Parking Company that uses ANPR in order to issue “Parking Charge Notices” which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.

3.2 It appears that the Claimant has obtained details of the vehicle for which I am the Registered Keeper and used those details to make a claim for a ‘Parking Charge Notice’. Any Notice to Keeper served by the Claimant must comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012. This includes the requirement to issue the Notice to Keeper within 14 days of the alleged incident. If the Claimant has not complied with the requirements of the Act they cannot claim this charge against me as the Registered Keeper in any case. Since I have not received any documentation from the Claimant prior to finding out about the Default Judgement, I submit the Claimant will not have complied with the requirements of the Act and thus cannot claim this charge against me as the Registered Keeper in any case.

 3.3 If the Notice to Keeper was not issued within 14 days, then the Claimant is required to prove who the driver of the vehicle was at the time of the alleged incident. The vehicle to which I am the Registered Keeper was at the time insured to be driven by two adults (see EVIDENCE D) I submit that the Claimant cannot provide such evidence to prove the driver of the vehicle they claim was involved in the alleged incident.

 3.4 I further submit that the Claimant does not include ‘Protection of Freedoms Act 2012’ wording on the Parking Charge Notices they issue and therefore cannot hold myself as the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.

 3.5. If the Claimant has obtained details of the vehicle for which I am the Registered Keeper, and used those details to make a claim for a Parking Charge Notice, I thus dispute the claim in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to come into force.

3.6 The Claimant’s non-compliance with Protection of Freedoms Act 2012 is continued with the sum that it has sought thought this claim. A parking charge which the BPA Code of Practice sets, would not expect the amount to be more than £100. The Particulars of Claim has escalated to a charge of £283, which is a brazen attempt at almost triple recovery despite the Protection of Freedoms Act 2012 states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper.

 3.7 On this basis I believe that the Claimant has not provided any reasonable cause of action and absent the above being produced, I ask the court of its own volition to strike out this claim and to order the Claimant to refund the Defendant's costs for attending, namely the £255 Court fee in bringing this set aside case.

 3.8 If required to defend at a further hearing, I will require all copies of paperwork, letters and other documentation including pictures of all signage from the Claimant in order to make informed decisions and statements in a comprehensive defence as keeper of a vehicle.


Can someone have a read of this Order of Dismissing the Claim that my OH just added and see if theres any adjustments needed to be made. Many thanks

Le_Kirk

3.2 It appears that the Claimant has obtained details of the vehicle for of which I am the Registered Keeper

Probably better as above.
Also, this is from the POFA: -

The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

Might also be better to quote the actual paragraph and clause numbers.  POFA available here: -

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

yl91

Le_Kirk said:

3.2 It appears that the Claimant has obtained details of the vehicle for of which I am the Registered Keeper

Probably better as above.
Also, this is from the POFA: -

The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

Might also be better to quote the actual paragraph and clause numbers.  POFA available here: -

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Noted thank you, is this sufficient enough to process?

KeithP

yl91 said:

Le_Kirk said:

3.2 It appears that the Claimant has obtained details of the vehicle for of which I am the Registered Keeper

Probably better as above.
Also, this is from the POFA: -

The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

Might also be better to quote the actual paragraph and clause numbers.  POFA available here: -

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Noted thank you, is this sufficient enough to process?

Are you going to quote the actual paragraph and clause numbers, as suggested by @Le_Kirk?