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Court Claim Defence

13

Comments

  • A heads-up  -  note the correct title of PoFA:-

    Protection of Freedoms Act 2012

  • Myrcella
    Myrcella Posts: 20 Forumite
    Fourth Anniversary 10 Posts Combo Breaker
    edited 26 September 2022 at 3:34PM
    Hi Coupon-mad, 

    Thanks so much. I just received a response to the SAR today! Would the following still be relevant? (I've bracketed the part I think may not apply now, but am unsure about.) 

    The Claimant (has not detailed the 'relevant contract' and/or 'relevant obligation') / has not shown any breakdown of the extortionate quantum, nor explained why they are seeking interest from day one on an unconscionable sum that far exceeds the cap set in Schedule 4 of the POFA.  Nor has the Claimant explained how they believe a registered keeper can possibly be pursued outwith that legislation.

    In my SAR, I requested the PDT record and they've said that they do not keep a record of it. (Of course!) They have kindly included a photo of their signage, which is too high and too small to read, though.

    Thanks again, much appreciated.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That's fine.
    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 THREAD
  • Wow, amazingly swift, thanks! I shall get this emailed off today.  
  • Hello, 

    I'm filling in the n180 form. I have searched the forum to find out how to answer question d 1, which is about suitability for determination without a hearing. The newbies thread does contain a link to filling in this form but the link to that does not include this question. There is a comment somewhere that says there is a thread by somebody started but when I searched for that member, I can't find the relevant thread. Please could somebody either point me to a relevant post comma because I've searched for it and can't find it, or help me with how to answer this, please? I know that I do want to hearing but I don't know how to explain why.

    Thanks in advance for any help.

    M
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 November 2022 at 7:48PM
    I have searched the forum to find out how to answer question d 1, which is about suitability for determination without a hearing. 

    when I searched for that member, I can't find the relevant thread. 

    You aren't meant to 'search for' the member.  The username is a direct link to their profile.  His discussions are right there in his profile and the question was added to the N180 in June.

    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 THREAD
  • Thanks, I did try that and I couldn't find the post. I tried other search terms and found this, in case anyone else needs help with form N180 question D1 suitability for determination without hearing: https://forums.moneysavingexpert.com/discussion/6360223/county-court-claim-received-parking-fine-from-2-years-ago-drafting-a-defence/p5#Comment_79267087
  • Myrcella
    Myrcella Posts: 20 Forumite
    Fourth Anniversary 10 Posts Combo Breaker
    edited 6 February 2023 at 10:21PM
    Hello,

    Just wanted to say a big thanks for the help and advice on here. I've received a notification of discontinuation from DCBL today, which I will pass onto the court (in case they "forget" to!). No more feeling sick thinking about going to court. Feeling relief and gratitude instead. 🙏 

    M
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Myrcella said:
    Hello,

    Just wanted to say a big thanks for the help and advice on here. I've received a notification of discontinuation from DCBL today, which I will pass onto the court (in case they "forget" to!). No more feeling sick thinking about going to court. Feeling relief and gratitude instead. 🙏 
    Very good news!  Woohoo, result!

    Calling @Umkomaas!

    ANOTHER DISCONTINUANCE!

    ANOTHER ONE BITES THE DUST!

    And we sincerely hope that you are au fait with the need to respond to the final Government Public Consultation?

    We all need to ram the nail in the coffin of the false £70 'DRA fee' add-on, that actually funds the court claim and toxic CCJ culture, as well as the DRA and roboclaim 'legals' gaslighting of people.

    Please come back here when it opens, and you can make sure you don't miss the Public Consultation:

    If you are not a regular reader, to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.

    Then join us when the Consultation opens in a few weeks.



    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 THREAD
  • Myrcella
    Myrcella Posts: 20 Forumite
    Fourth Anniversary 10 Posts Combo Breaker
    edited 14 February 2023 at 10:28PM
    Thanks, I will do that. I will also mention this to my friend, who also benefitted from advice on this forum. I'm sure that they'd love to help to hammer the nail in the coffin!

    Edit: I can't find that thread. Searched the number of different ways. If you could share a link, that would be really helpful. Thanks 👍
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