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Ancient CP Plus PCN that I was told was cancelled in 2015 now looking to go to court!
Comments
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I'd certainly be keen to pursue a counterclaim if I do have sufficient grounds to do so - do you have any recommendation on a reasonable amount to claim for - and what would justify it in my case?Yes, as per the two example threads I pointed you to read. If you wish to counterclaim, do the defence and counterclaim first and keep the complaint to MOTO on the back burner until you've filed that and the counterclaim is live.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
It's important you do your own defence, I mean we've not even seen the particulars or the magic correspondence! This may give some sort of shape to it/ provoke ideas...
Also, I thought it might be fun to see if you can insist on statements from somebody other than a bored paralegal who's never set foot in the locale.
If you do a counter claim you're a defendant/part 20 claimant natch.
1. Para x is admitted. The defendant was on date and at all material times the owner/keeper of vehicle reg xxxx
2. Para x is neither admitted nor denied. Save as set out below, the defendant now has no knowledge of the dates, times and locations of his vehicle on date, some xx years ago.
3. It is neither admitted nor denied that the defendant breached any terms of parking of date. The claimant is put to strict proof and should produce to the court evidence of the parking contract and operator contract as they existed on date, together with evidence from any parking patrol operative that issued the parking charge notice.
4. Para x is denied. The claimant does not have any entitlement under contract law or otherwise to bring proceedings against the defendant whether as keeper or driver.
5. Having reviewed his email correspondence for the relevant period, the defendant will rely upon the pre-action correspondence passing between x and y dated z in which the claimant stated:
Cut n paste or re-type in italics
6. The defendant avers that
(I) the claimant is a parking company retained by a motorway services provider, Moto Hospitality Ltd ("Moto") to conduct parking services on their land
(II) the standard terms of such service agreements are that parking providers may levy and enforce parking charge notices, only in specified circumstances.
(iii) the claimant requires authority from Moto under their contract to commence proceedings
(iv) where any authority as may have existed under contract to recover a parking charge through the courts, that was expressly withdrawn, such that this litigation is either misconceived or vexatious.
7. Something about bolt on costs
8. Something about ridiculous interest given their dilatory approach to presenting a claim
9. Notwithstanding the defendants primary defence, the defendant avers that the delay in bringing these proceedings and, specifically, by indicating that no claims would be pursued in relation to the same, such that material documents and/or witness evidence has not been reserved is highly prejudicial to the defendant such as to amount to unreasonable conduct. The defendant will seek his costs in defence of this matter pursuant to CPR 27.14(g)
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I'd certainly be keen to pursue a counterclaim if I do have sufficient grounds to do so - do you have any recommendation on a reasonable amount to claim for - and what would justify it in my case?If you've not already read the following - links below for information/inspiration.Good luck - keep us posted.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 Street1
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