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One Parking Solution Stanmer Park Village

1235

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  • Please go back to the first post of the template defence thread where you should be following the 12-point checklist which tells you that what you have probably received is a copy the claimants N180 DQ. File that. Wait for your own N180 DQ to arrive (or check your MCOL history to show it has been sent).

    As for the second part of your question regarding Q D1, you want a hearing in person. A hearing "on papers" is an almost sure way to lose. You will put the following into the D1 box (Arial font 9pt will fit).

    I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all these years of intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.  

    I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. 

    Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.


  • Coupon-mad
    Coupon-mad Posts: 129,186
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    edited 19 October 2023 at 4:09PM
    This (N180 stage) is answered in the NEWBIES thread question by question, and the Template Defence thread explains you will be emailing it to the CNBC and the Solicitors.

    Brighton Court Judges know about OPS and it is a good court choice for a motorist, as is Worthing which is easier to park near. 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Le_Kirk
    Le_Kirk Posts: 21,920
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    They look like good points and, in fact, if you search the forum or read a few other threads, you will see that this is exactly the argument that others have used.
    Seen this used: -
    I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party.  I feel strongly after all these years of intimidating demands from this aggressive parking firm and their agents, that I need a voice at an attended hearing.  
    I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. 
    Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.


  • Please go back to the first post of the template defence thread where you should be following the 12-point checklist which tells you that what you have probably received is a copy the claimants N180 DQ. File that. Wait for your own N180 DQ to arrive (or check your MCOL history to show it has been sent).

    As for the second part of your question regarding Q D1, you want a hearing in person. A hearing "on papers" is an almost sure way to lose. You will put the following into the D1 box (Arial font 9pt will fit).

    I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all these years of intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.  

    I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. 

    Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.


    Thank you for your reply to my post. I am very grateful for that. I can state with 100% certainty it is the defendants N180. I am following the 12 point checklist. I have no intention to have the hearing 'on the papers.' The difficulty I was experiencing was in putting my reasons for the attended hearing into some semblance of an effective answer. I have cobbled something together.
  • Le_Kirk said:
    They look like good points and, in fact, if you search the forum or read a few other threads, you will see that this is exactly the argument that others have used.
    Seen this used: -
    I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party.  I feel strongly after all these years of intimidating demands from this aggressive parking firm and their agents, that I need a voice at an attended hearing.  
    I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. 
    Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.


    Thank you Le Kirk, I have had a look and put something together.
  • This (N180 stage) is answered in the NEWBIES thread question by question, and the Template Defence thread explains you will be emailing it to the CNBC and the Solicitors.

    Brighton Court Judges know about OPS and it is a good court choice for a motorist, as is Worthing which is easier to park near. 
    Thank you Coupon-mad I am very grateful to you for the advice. I have opted for Brighton as parking is no issue as I will take the bus and have a day out! I have copies of the N180 for both the claimant's solicitors and the CNBC prepared and ready to go recorded delivery.
  • UncleThomasCobley
    UncleThomasCobley Posts: 654
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    edited 21 October 2023 at 9:33AM
    forummseuser01 said:

    Thank you Coupon-mad I am very grateful to you for the advice. I have opted for Brighton as parking is no issue as I will take the bus and have a day out! I have copies of the N180 for both the claimant's solicitors and the CNBC prepared and ready to go recorded delivery.
    Stop!!! Where did you read anything about sending anything by recorded delivery? We specifically advise NOT to use recorded delivery in the Newbies/FAQ thread.

    Why are you not planning to send your N180 DQ as a PDF attachment by email? Don't you realise that email is the best way to "record" having sent something? When you send your N180 DQ as an attachment, you address the email to both the CNBC and their solicitor. You also CC in yourself. That way, you receive the acknowledgement from the CNBC  and you also receive a copy which is time and date proved to your self which the claimant/solicitor cannot deny having received unless you received a bounce-back from their email.

    All recorded delivery can prove is that it was not delivered if someone refuses to sign for it. Not much use.
  • Umkomaas
    Umkomaas Posts: 41,132
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    I have copies of the N180 for both the claimant's solicitors and the CNBC prepared and ready to go recorded delivery.
    Nope, not 'recorded delivery' (no such thing these days).  Royal Mail will not be involved in this transaction.  Please read steps 9 to 12 of the first post of the Template Defence Announcement. 
    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 Street
  • Thank you. I went a little off-piste there for a minute! Just keeping you on your toes ;0)

    In all seriousness I do check the forum before I take the next step anyway but thank you for pointing this out. I do appreciate it. 
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