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County Court Claim- Questions RE: defence

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
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    edited 20 October 2021 at 6:50PM
    If the County Court Claim Form has you name and address on it, sent them a copy of that as proof of identity.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 20 October 2021 at 7:11PM
    Plus copies of 2 recent redacted utility bills too , Doing the SAR was correct ( with proof of I D under the GDPR law to obtain all your data )

    The solicitor will reject the request to put it on hold for 30 days , much too late for that

    Every time a driver parks a vehicle they agree to any implied parking contract , it's a done deal

    Park on the road in a council bay with one hours free parking , the driver agrees to the contract , break it and you get a PCN !!
  • Fruitcake
    Fruitcake Posts: 59,498 Forumite
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    Yes, the SAR is still relevant and important. Don't delay.

    As for proof of ID, the claim form as mentioned above should do fine, or two redacted bank/card statements or utility bills.
    I married my cousin. I had to...
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  •  Fruitcake said:
    Yes, the SAR is still relevant and important. Don't delay.

    As for proof of ID, the claim form as mentioned above should do fine, or two redacted bank/card statements or utility bills.


    Thanks. Just sent off the above. So if Im not denying liability am I right in thinking that the main crux of the defence after #2 and #3 is that the costs/ damages are extortionate? 
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
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    Have you complained to your MP?
    You never know how far you can go until you go too far.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 21 October 2021 at 8:32AM
    No , your DEFENCE is denying liability , for various reasons

    As for charges , it's nothing to do with being extortionate , it's about falsely added charges etc , the extras that are not allowed , whereas some costs are legitimate , such as legal and court fees for example

    The charges are nothing to do with the core terms of the PCN , or the circumstances leading to the issue of the PCN

  • D_P_Dance said:
    Have you complained to your MP?
    No. the area I parked was outside my local area so not sure what relevance it would have to my MP.

  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
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    It is a scam.  Where is ocurred is irrelevant.  Please complain to your MP.  
    You never know how far you can go until you go too far.
  • Le_Kirk
    Le_Kirk Posts: 25,175 Forumite
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    D_P_Dance said:
    Have you complained to your MP?
    No. the area I parked was outside my local area so not sure what relevance it would have to my MP.
    You complain to your MP and ask him/her to contact the MP of the area containing the car park and ask if this is the sort of treatment the MP wants dished out to their constituents.
  • As requested please see defence sections #2 and #3. 

    The facts as known to the Defendant:

    2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. It is also admitted that the defendant was the driver.    

    3. The Defendant does not recall seeing any signage at time of parking that indicated a contract was being entered into and neither did the defendant recall seeing any signage indicating that parking charges or permits were applicable. The Defendant was visiting from another county and was therefore unfamiliar with the area.


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