Claim Form - Horizon Parking

emmy_lou_2

@Casper82 @Painter68 have you received a further letter from Gladstones ?
My partner received his today  😞

Painter68

I have now received the following from Gladstones after the Claim Form stating zero charge amount, should I send the template defence now or wait until a revised claim form appears ( if it does ), thank you.

Coupon-mad

Just wait for the proper claim in June.

Painter68

I have now received the claim form N1SDT below with actual amounts in the boxes instead of zeros.

Until now I have never responded to any correspondance whatsoever, I understand that I should now complete the acknowledgment of service on the 16th of June and ask for 28 days instead of 14 days.

I beleive that the correct template I should be using is headed " In The County Court " posted by Coupon Mad on the 31st of July 2023 and edited on the 23rd of May, I also beleive that this should be emailed to claimresponses.cnbc@justice.gov.uk, please could someone verify this and also what I would expect afterwards please.

Car1980

I'd use the Chan version going off the lack of acceptable particulars.

What was the breach? Selling ice creams out of your van without permission?

Painter68

Car1980 said:

I'd use the Chan version going off the lack of acceptable particulars.

What was the breach? Selling ice creams out of your van without permission?

Thank you for replying, I have researched the CEL v Chan case, would you simply copy and paste the statement as my defence.

I read the POC to state " parked in breach of the terms of parking stipulated on the signage " is this too generalised ?

Car1980

Yes, the breach isn't stated. A contract you don't have sight of and you are accused of an unspecified breach of it. You aren't Mystic Meg.

Look up the judgments thread to see the kind of order you are aiming to get the judge to issue.

Coupon-mad

Painter68 said:

The PCN was for a national hotel chain in Cambridge

What happened?

Which month and year?

Painter68

Coupon-mad said:

Painter68 said:

The PCN was for a national hotel chain in Cambridge

What happened?

Which month and year?

November 2023, allegedly parked without paying although I believed it was included in the overnight stay, unfortunately it was at a difficult time and I never replied to any correspondence from either Horizon or Gladstone.

Coupon-mad

I have researched the CEL v Chan case, would you simply copy and paste the statement as my defence.

Well, you will use the Gladstones Defence specially linked in the Template Defence thread with Chan and Akande already written into it.

In 2023 Horizon didn't use the statutory (but optional) wording to hold a registered keeper liable, so for your paragraph 6 you can put:

6. The location is recognised as a hotel used by the Defendant and family members at various times but it is denied that there was a contravention of any term (not that the woeful POC even hint at what the term, obligation of alleged breach may have been). Gladstones POC always state that they will pursue defendants as 'driver/keeper' but this is boilerplate wording. They fail to state whether or not the Claimant seeks to rely upon the 'keeper liability' provisions of Schedule 4 of the Protection of Freedoms Act 2012 ('the POFA') and what 'relevant obligation' or 'relevant contract' was purportedly breached by an unidentified driver. There are no specified contractual terms in these POC and no copy of the purported 'contract' (sign) was sent at pre-action stage. Liability is denied and there is certainly no 'keeper liability' possible in this case. The Claimant cannot rely the POFA because in 2023 they did not issue compliant Notices To Keeper. The Defendant is not liable and if the claim is not struck out at allocation stage - as the court is hereby requested to do - they are put to strict proof that the occupants of the car were not authorised patrons of the Travelodge and they will also have to show who was driving.