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Court Claim Form N1 Received for PCN 18 months ago

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  • tonkasdog
    tonkasdog Posts: 72 Forumite
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    Hi Nosferatu,

    I have now headed the letter: Legal Defence
    I have added the following to these 2 paragraphs:

    ) CEL cannot hold the company liable because they don't use POFA Notice to Keepers, and as the driver was at a retail park it's impossible that the driver was engaged in business on behalf of the company, they were going about their own private business, not under instruction from anyone, and as such their is no possibility that the keeper has liability.

    ”Schedule 4 also states that the only sum a keeper can be pursued for (if Schedule 4 is fully complied with, which it was not, and if there was a 'relevant obligation' and ‘relevant contract' fairly and adequately communicated, which there was not) is the sum on the Notice to Keeper. They cannot pluck another sum from thin air and bolt that on as well when neither the signs, nor the NTK, nor the permit information mentioned a possible £338.78 for outstanding debt and damages. The additional costs, which the company contests have not been incurred, are none of its concern.

    Is this better and now good to send?

    Thanks
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    IT IS NOT A LETTER!

    Newbies thread, post two, has examples of how to layout your defence. Follow it. Remember you will need to sign your defence otherwise it is NOT valid, so either print it all out, sign, and scan it back to a PDF ready to email OR you insert a scanned signature into the document, and convert it to PDF - that will result in a smaller file size.

    You need to go into more detail on the costs - as I told you, didnt they send their usual "final letter" when the balance was around £150, then they sent it instead to debt collectors who added more? If so, you MUST ATTACK THAT as an obvious attempt at double recovery.

    What is your deadline? It is 33 days from ISSUE DATE fo rthe court to receive it. There is NOTHING to be gained by rushing this stage.
  • tonkasdog
    tonkasdog Posts: 72 Forumite
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    I can't remember what letters where sent as they where all binned.
    There was a lot though. Deadline is 16 March
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Never ever bin letters that hint at a debt. AS youve seen, it hampers you.
    State you have the reasonable belief that the C sent a letter claiming to be a final lettter before court action, but then instead sent this to more debt collectors. AS such they artifically inflated the claim value by claiming to involve furthe rdebt collectors, and you put them to strict proof that all claimed costs were invoiced and paid.
  • tonkasdog
    tonkasdog Posts: 72 Forumite
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    Does this sound OK?

    The Defendants representative has reasonable belief that the Claimant sent a letter claiming to be a final letter before court action, but then instead sent this to more debt collectors. As such the Claimants have artificially inflated the claim value by claiming to involve further debt collectors, the Defendants representative puts the Claimant to strict proof that all claimed costs were invoiced and paid
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Youre not the defendants rep. this is the defendant saying this.
  • tonkasdog
    tonkasdog Posts: 72 Forumite
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    I am defending my ltd company as that’s who the claim is against. I am the director and company representative
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    I would still state that the defendnat says... not the rep.
  • Coupon-mad
    Coupon-mad Posts: 132,386 Forumite
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    I agree, write as 'the Defendant' in the company name. It may mean sentences need rewording to make grammatical sense.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • tonkasdog
    tonkasdog Posts: 72 Forumite
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    Such as !!!8220;the defendant for xxxxx ltd!!!8221; .......
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