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Help needed with two claims froms
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Coupon-mad said:
A couple of things:
1. I can't access the link for Defendant911 WS, so can someone please post the content here? [I can access it now]
2. Shall I post the Claimant's WS here or is it not needed atm, I am asking because they seem to have changed their style a bit when writing WS, for example in Harry77 WS they mentioned in para 18 about the claimant's WS not being in first person but the one I received is.
3. In my WS which strike-out judgments shall I include?
4. The keeper no longer owns the vehicle mentioned in the claim. Does that impact the case?0 -
Have a look at the WS by @imulsion as well but obviously don't copy stuff that's not relevant to your case.
If there are still 2 (Gladstones?) claims in play - not consolidated into one hearing - AND if they are both for the same Claimant, then reference the trite law: Henderson v Henderson, re cause of action estoppel.
And Chan and Akande.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
Coupon-mad said:If there are still 2 (Gladstones?) claims in play - not consolidated into one hearing - AND if they are both for the same Claimant, then reference the trite law: Henderson v Henderson, re cause of action estoppel.
So shall I still reference the trite law: Henderson v Henderson, re cause of action estoppel?
And apart from "Chan and Akande" judgement do I also include all the other judgements in this link
https://www.dropbox.com/scl/fi/2jef4c7bljyp6dse24p70/Judgments.pdf?rlkey=jsgusx180wzjz2f6er0436xw2&st=03x4tsbq&dl=00 -
Yes (reference the other claim and cause of action estoppel - copy from other threads) and yes re the full link but the important ones to actually draw attention to are Chan & Akande because they are appeal cases.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
@Coupon-mad
Okay, I see.
Do I also need to "(d) if you are defending as keeper, not driver, include a copy of Schedule 4 of the POFA and also exhibit the transcripts of Excel v Smith and VCS v Edward" as stated in the newbies thread?
So shall I include those two transcripts as well (Excel v Smith and VCS v Edward) ?0 -
Only if you weren't driving and the NTKs were not POFA compliant.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Yes the defendant was not driving but unfortunately, the NTKs are POFA compliant, below is the NTK content:Re: Parking Charge - Notice to Keeper
This notice is given to you in line with Schedule 4 of the Protection of Freedoms Act 2012 ('the Act'), in relation to a Parking Charge Notice (PCN) that was issued on 05/06/2023 by Parking Control Management (UK) Ltd to the driver of the vehicle specified above. Records from the DVLA show that you were the registered keeper at the time of the contravention.
The vehicle was photographed to be parked in an area managed by Parking Control Management (UK) Ltd known asBarking Riverside - IG11. A Parking Charge Notice (Notice to Driver) was affixed to the windscreen of the vehicle at the time of issue - 08:51. This charge relates to the period of parking that immediately preceded the time of issue and was issued for "Parked within a restricted area."
The terms and conditions for the use of the land at Barking Riverside - IG11 are clearly stipulated by signage posted throughout the area.
The PCN offered the driver 28 days to pay the parking charge of £100.00. To date, the charge has not been paid in full and we do not know the name and current address for service of the driver.
As the registered keeper of the vehicle, you are invited to do one of the following, by no later than the last day of the above period beginning with the day after the date on which this notice is given:
i. Pay the outstanding balance outlined to the right to Parking Control Management (UK) Ltd.
Payment options can be found overleaf.
ii. If you were not the driver at the time of the contravention, please provide us with the full name and
serviceable address of the driver to which this notice can be served
Please be advised that if, after the 28-day period specified above the amount remains unpaid and we do not have knowledge of the full name and address for service for the driver, then Parking Control Management (UK) Ltd have the right to recover the unpaid charges from you, as the registered keeper. This is inclusive of recovery action and is in accordance with Schedule 4 of the Act.
In cases of non-payment within 28 days beginning the day after the date on which this Notice to Keeper is given, we may refer the case to our instructed Debt Recovery Company and/or Solicitors, at which point the charge will increase to £170.00. Parking Control Management (UK) Ltd are the creditor and as agents of the landowner, have the right to seek payment for this parking charge. Please see the reverse of this notice for further information on how to pay and the procedure in relation to representations/driver nominations.So shall I still add those two judgements or leave it ?0 -
Leave those out.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
Hello Forum,
Please take a look at my draft WS, feedback is greatly appreciated.
My WS:
https://drive.google.com/file/d/1p9LWp4FCA7hBLkmv_UU2YYFQ1fiAY22w/view?usp=sharing
Claimant WS (to see what their exhibits are and which part of their WS I am referring to in my WS):
https://drive.google.com/file/d/1bQWcpZ78QE_hnqZFcS9IXynFQ0h3zEPi/view?usp=sharing
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I don't think you'll get much feedback this month now, not only with it being Xmas but especially showing links that many people won't click on,
Better to copy & paste the main words of your WS into two replies. Much easier for us to skim read in a quiet moment.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 THREAD1
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