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Messages - jfollows

Pages: [1] 2 3 ... 129
1
Private parking tickets / Re: Court summons
« on: Today at 02:02:05 pm »
And, I agree, you’re further along the process than I thought you might be. My original statement that I doubted you had a court summons is wrong, sorry.

2
Private parking tickets / Re: Court summons
« on: Today at 01:52:23 pm »
OK thanks.
Again, we need to see some of this.
What are the key dates - payment by claimant, submission of Witness Statements, date of court hearing?

You must have submitted a defence - what did it say? Also WS if submitted?

3
You should rebut each of their incorrect statements. Otherwise they will claim that you agree with them.

This is a better approach than ignoring, although the end result may be the same.

The IAS will probably reject your appeal anyway. But the time thing may cause them to uphold it. If not, you have a boring process to follow which should result in the claimant giving up eventually.

4
The replies you quote are the usual lies stated as facts in the hope that you believe them and pay up.
There is no obligation for the keeper to identify the driver, nor is there any validity in the assumption that the keeper is the driver. These are all lies.
I suggest that you just ignore this rubbish, and wait for them to try to intimidate you further by taking you to court.

5
Private parking tickets / Re: Court summons
« on: Today at 09:08:45 am »
Or delete and repost if you can. It’s not major but you should bear in mind to stick to using the third person from now on. In the case I referred to above, the issue wasn’t related to identification of the driver anyway.

If you received a N1SDT claim form (that’s a guess), then you have 5+14 days from the date on the form to submit a response, which will either be a defence or an Acknowledgment of Service. If the latter, you have an extra 14 days by which you have to submit a defence.

6
Quote
Land is not ‘relevant land’ if it’s covered by byelaws, such as ports and airports.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

3(1)In this Schedule “relevant land” means any land (including land above or below ground level) other than—

(a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);

(b)a parking place which is provided or controlled by a traffic authority;

(c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.

(2)In sub-paragraph (1)(b)—

“parking place” has the meaning given by section 32(4)(b) of the Road Traffic Regulation Act 1984;
“traffic authority” means each of the following—
(a)
the Secretary of State;

(b)
the Welsh Ministers;

(c)
Transport for London;

(d)
the Common Council of the City of London;

(e)
the council of a county, county borough, London borough or district;

(f)
a parish or community council;

(g)
the Council of the Isles of Scilly.

(3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.

(4)In sub-paragraph (3) “statutory provision” means any provision (apart from this Schedule) contained in—

(a)any Act (including a local or private Act), whenever passed; or

(b)any subordinate legislation, whenever made,

and for this purpose “subordinate legislation” means an Order in Council or any order, regulations, byelaws or other legislative instrument [F1, but not byelaws made under section 219 of the Transport Act 2000 by the Strategic Rail Authority, confirmed under Schedule 20 of the Transport Act 2000 and preserved by section 46(4) of the Railways Act 2005].

7
See https://www.moneyclaim.gov.uk/web/mcol/welcome

Quote
Contact by Post
Money Claim Online (MCOL)
4th floor
21-27 St Katherine's Street
Northampton
NN1 2LH
t: 0300 123 1057 or 01604 619 402
f: 0870 324 0166
e: mcol@hmcts.gsi.gov.uk
w: www.moneyclaim.gov.uk

This is the organisation responsible for issuing N1SDT claim forms and recording default judgements if they are not responded to.

8
Read the link I gave you above. It includes a link to instructions on posting images here.
Search the forum for DCB Legal and you will see that they almost always discontinue before paying the court fee, however in your case it should not even get that far.

9
Private parking tickets / Re: Court summons
« on: Yesterday at 01:56:02 pm »
Just post any corrections or clarifications here.

10
Private parking tickets / Re: Court summons
« on: Yesterday at 01:41:42 pm »
@zak290 needs to return to the forum and respond if we’re going to move this forward.

11
I need to summarise for my sanity!

I think you have received and responded to their Letter of Claim. If so, you can wait until you receive a N1SDT court claim, to which you can respond by filing a defence.

Is that where you’re at?

12
If you want more advice, please read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and post the Letter of Claim for us to see.

13
Just search the forum for Northern Ireland, see for example https://www.ftla.uk/private-parking-tickets/smart-parking-pcn-northern-ireland/msg98481/#msg98481
Quote
Until the law changes, there is no Keeper liability in NI.

The burden of proof is on the operator to prove their claim. There is no burden of proof for you to "prove otherwise" anything.

They rely on you being low-hanging fruit on the gullible tree who will pay up out of ignorance and fear.

Continue to ignore. Nothing will happen.

Although nothing will happen here, you need to understand how County Court Judgements affect your credit score. If you go to court and if you lose then, provided you pay within 30 days, there is no negative impact. These parking companies try to frighten you into paying under a vague warning of a “CCJ” or similar.

Search the forum for “CCJ” for longer explanations. For example, https://www.ftla.uk/private-parking-tickets/kellys-storage-luton-universal-parking-enforcement-ltd/msg59804/#msg59804

14
A Letter of Claim does not explicitly include “particulars of claim”.
If not responded to, it’s usually followed by debt collectors’ letters and then the N1SDT form.
Have you moved house during the intervening period?
If so, you could have missed the N1SDT form and received a default judgement against you.
If not, then OK.

15
The date on the N1SDT form you posted is 24 February.

It tells you that you must respond within 5+14 days, by 15 March therefore.

You either file a defence by this date, or an Acknowledgment of Service, either of which you do through MCOL.

If the latter, the deadline for your defence is a further 14 days, or 29 March.

It is explained on the rear of the N1SDT form.

Since both the calculated dates are Sundays, the deadline will actually be the following Mondays, before 4pm from memory.

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