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#Post#: 41030--------------------------------------------------
Claim form from car park securities LTD
DIR By: settop23
Date: October 16, 2024, 8:23 am
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HTML https://ibb.co/mN8b2Q2
Hi
Please find above link for a claim form dated 11 October i have
receieved as a RK. I have receieved previous notices from the
company but chose to ignore them for now. I do not know who was
driving at the time, it looks like 2 offences on the 5th July
and 13th August according to the claim details
#Post#: 41042--------------------------------------------------
Re: Claim form from car park securities LTD
DIR By: settop23
Date: October 16, 2024, 9:09 am
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HTML https://ibb.co/3N5cPKs
there are a lot of other pages with the form , court forums etc
From what I can see on similar issues, I should do an aOs on the
money claim website, and then send a defence?
#Post#: 41081--------------------------------------------------
Re: Claim form from car park securities LTD
DIR By: b789
Date: October 16, 2024, 12:46 pm
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We don't need to see the other forms. Only the N1SDT claim form
is needed. With an issue date of 11th October, you have until
Wednesday 30th October to submit your Acknowledgement of Service
(AoS). There is nothing to be gained by delaying the AoS but by
submitting it, you will then have until 4pm on Wednesday 13th
November to submit a defence.
For now, follow the instructions in this PDF on how to submit
your AoS on MCOL:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Once you have completed your AoS, we can provide the necessary
defence and draft order to go either it.
Please show us the original Notice to Keeper (NtK) you received.
We don't need to see any reminders or Debt Recovery Agent (DRA)
letters.
#Post#: 41126--------------------------------------------------
Re: Claim form from car park securities LTD
DIR By: settop23
Date: October 17, 2024, 1:08 am
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Thank you - I will submit the aos soon.
Unfortunately I received so many letters that I do not have a
copy of the original NTK now. Can I request a copy?
#Post#: 41151--------------------------------------------------
Re: Claim form from car park securities LTD
DIR By: b789
Date: October 17, 2024, 4:56 am
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Don't worry about it for now. Just let us know when you've done
the AoS and to do so before the deadline.
#Post#: 42891--------------------------------------------------
Re: Claim form from car park securities LTD
DIR By: settop23
Date: October 29, 2024, 9:32 am
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Thank you. I have submitted the AOS today, so have a few weeks
to submit a defence
#Post#: 42903--------------------------------------------------
Re: Claim form from car park securities LTD
DIR By: b789
Date: October 29, 2024, 10:01 am
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Here is the defence you should submit together with a draft
order. you only need to edit your name and the claim number and
then sign the defence by typing your full name for the signature
and dating it. There is nothing to edit in the draft order.
When complete, you save both the defence and draft order as PDF
files and you attach them to an email which you send to
claimresponses.cnbc@justice.gov.uk and CC in yourself. The email
subject must contain the claim number and in the body of the
email you add "Please find attached the defence and draft order
in the matter of Car Park Securities Ltd v [Your full name]
Claim number: [Claim number]". After it is sent you must make
sure you receive an autoresponse email from the CNBC.
--- Quote ---
>
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> [Claimant's Full Name]

> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
>
> 1. The Defendant denies any liability for this claim.
>
> 2. There is a lack of precise detail in the Particulars of
Claim (PoC) in respect of the factual and legal allegations made
against the Defendant such that the PoC do not comply with CPR
16.4.
>
> 3. The Defendant is unable to plead properly to the PoC
because:
>
> [indent](a) The contract referred to is not detailed or
attached to the PoC in accordance with CPR PD 16(7.5);
>
> (b) The PoC do not state the exact wording of the clause (or
clauses) of the terms and conditions of the contract (or
contracts) which is/are relied on;
>
> (c) The PoC do not set out the reason (or reasons) why the
claimant asserts the defendant has
> breached the contract (or contracts);
>
> (d) The PoC do not state with sufficient particularity exactly
where the breach occurred, the exact time when the breach
occurred and how long it is alleged that the vehicle was parked
before the parking charge was allegedly incurred;
>
> (e) The PoC do not state exactly how the claim for statutory
interest is calculated;
>
> (f) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages.[/indent]
>
> 4. The Defendant has attached to this defence a copy of an
order made at another court which the allocating judge ought to
make at this stage so that the Defendant can then know and
understand the case which he/she/it faces and can then respond
properly to the claim.
>
> Statement of truth
>
> I believe that the facts stated in this Defence are true. I
understand that proceedings for contempt of court may be brought
against anyone who makes, or causes to be made, a false
statement in a document verified by a statement of truth without
an honest belief in its truth.
>
> Signed:
>
>
> Date:
--- End Quote ---
Here is a link to the draft order:
Defence Draft Order
HTML https://www.dropbox.com/scl/fi/o1xbmqxzmgn4dv9el96kd/Draft-Order.pdf?rlkey=td1ajprejse2mgq6z9x0fgahr&st=0cfb7yc7&dl=0
#Post#: 43050--------------------------------------------------
Re: Claim form from car park securities LTD
DIR By: settop23
Date: October 29, 2024, 8:48 pm
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Thank you! I will send this across as advised, and from what I
can see it gives them 2 weeks to provide all the information in
the draft order. Is there anything to be gained in waiting
until 14th November?
#Post#: 46902--------------------------------------------------
Re: Claim form from car park securities LTD
DIR By: settop23
Date: November 25, 2024, 4:38 am
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Hello,
I filed the defence you provided. I receieved a 'Notice of
proposed allocation to the small claims track' dated 18 November
2024. It states I must complete form N180 Small claims
directions questionnare and file it. I have had a read through
of the form and it seems pretty straightforward, but any
guidance on how I should proceeed would be greatly welcomed
Thanks
#Post#: 46907--------------------------------------------------
Re: Claim form from car park securities LTD
DIR By: DWMB2
Date: November 25, 2024, 4:59 am
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Most of it is your own personal details, which should be
straightforward enough. Some of the ones people often query:
- C1 - Do you agree that the small claims track is the
appropriate track for this case? - Yes
- D1 - Do you consider that this claim is suitable for
determination without a hearing? - No - see quote box below for
some blurb from b789 you can include in the reasons box
- F1 - At which County Court hearing centre would you prefer the
small claims hearing to take place and why? - You can pick
whichever court you wish with reasons; for obvious reasons most
people choose the one closest to their home address
--- Quote ---
> "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."
--- End Quote ---
If there are any other questions on the form about which you are
unclear then let us know.
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