(DIR) Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
(HTM) https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
(DIR) Return to: Private parking tickets
*****************************************************
#Post#: 30555--------------------------------------------------
I've followed the wrong advice anyway out ?
By: Jag84 Date: July 20, 2024, 6:43 pm
---------------------------------------------------------
Just over two years ago I was given a penalty notice for being
parked out bay in Nuffield car park. Someone advised me to
ignore it and eventually they will stop sending me notices and
they never take you to court. I stupidly took that advice and
just ignored all the letters
However I have now received a Claim Form with Court Address on
it. I didn't keep the original penalty notice only have the last
letter sent by DCBL and the Claim Form which I can't attach as
it says the drive is full
Should I pay this now or do I have any other options ?
If you need to see it how can I send you guys the court claim
form and last DCBL letter ? I can email it
#Post#: 30556--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
By: Jag84 Date: July 20, 2024, 6:47 pm
---------------------------------------------------------
The client is Met Parking Services Ltd
#Post#: 30559--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
By: b789 Date: July 21, 2024, 2:25 am
---------------------------------------------------------
You will need to show us the Particulars of Claim (PoC). Follow
the advice in this thread on how to show your pictures:
READ THIS FIRST - Private Parking Charges Forum guide
(HTM) https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
What is the issue date of the claim?
#Post#: 30562--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
By: Jag84 Date: July 21, 2024, 3:44 am
---------------------------------------------------------
The date of contravention is 25/04/2022 from claim sent by dcbl
and reason given "Out of Bay"
I've tried registering on Imgur but when I do I keep getting
error "Email sign-up is not possible in your region. Register
using a third-party service".
I've tried registering creating an Imgur account and Yahoo
account but still get same message on both
Any other way I can share ?
#Post#: 30566--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
By: b789 Date: July 21, 2024, 4:04 am
---------------------------------------------------------
Do you have a DropBox account? They are free and you can host
whatever files you like on there and make them available from
the Public folder.
To set up a Dropbox account and host a file for public viewing,
follow these steps:
### Step 1: Set Up a Dropbox Account
1. **Go to the Dropbox Website:**
- Open your web browser and navigate to
[Dropbox](
(HTM) https://www.dropbox.com
).
2. **Sign Up:**
- Click on the "Sign up" button.
- Enter your first name, last name, email address, and create
a password. Alternatively, you can sign up using your Google
account.
3. **Agree to Terms:**
- Read the Dropbox terms of service and privacy policy, then
check the box to agree.
4. **Click "Create an account":**
- Follow any additional prompts to complete the account
creation process.
### Step 2: Upload a File
1. **Log In to Your Dropbox Account:**
- Go to [Dropbox](
(HTM) https://www.dropbox.com
) and click on the
"Sign in" button.
- Enter your email and password to log in.
2. **Upload a File:**
- Once logged in, click on the "Upload" button, usually found
on the right side of the homepage.
- Select "Files" from the dropdown menu.
- Choose the file you want to upload from your computer and
click "Open" or "Upload".
### Step 3: Make the File Public
1. **Locate the File:**
- After the file is uploaded, navigate to the file in your
Dropbox.
2. **Share the File:**
- Click on the "Share" button next to the file you want to
make public.
3. **Create a Link:**
- In the sharing menu, click on "Create link".
- If the link isn’t automatically set to be viewable by
anyone with the link, you may need to adjust the link settings.
Click on "Link settings" or similar options.
4. **Copy the Link:**
- Once the link is created, click "Copy link" to copy it to
your clipboard.
### Step 4: Share the Link
- **Distribute the Link:**
- Share the copied link with anyone you want to view the file.
They will be able to access and view the file without needing a
Dropbox account.
### Additional Tips
- **Folder Sharing:**
- If you want to share multiple files, consider creating a
folder, uploading all files to that folder, and then sharing the
folder link.
- **Link Settings:**
- In the link settings, you can manage permissions, such as
allowing viewers to comment or download the file.
- **Using Dropbox App:**
- You can also perform these actions using the Dropbox desktop
or mobile app. The process is similar with options available for
uploading, sharing, and managing link settings.
By following these steps, you'll be able to set up a Dropbox
account, upload a file, and share it publicly for anyone to
view.
#Post#: 30575--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
By: DWMB2 Date: July 21, 2024, 5:17 am
---------------------------------------------------------
As an aside you don't need to create an account to use Imgur,
you can just upload.
#Post#: 30581--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
By: Jag84 Date: July 21, 2024, 6:33 am
---------------------------------------------------------
Ok thank you that's very helpful, bit of a novice but hope the
links below work ?
(HTM) https://www.dropbox.com/scl/fi/dqokxnaq9nq3qemfvt01u/Nuffield_Court.JPG?rlkey=qonchnvig0kyzuwb8e7040dak&st=c12k2yiz&dl=0
(HTM) https://www.dropbox.com/scl/fi/tpqofg629zyy1nnh4tf45/Nuffield_DCBL.JPG?rlkey=yth1bf1qavog58f9k5cfjqjtj&st=tmww3hxg&dl=0
I went to the car park today and looks like the parking company
no longer operates there, seems they have been kicked out
#Post#: 30604--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
By: b789 Date: July 21, 2024, 2:04 pm
---------------------------------------------------------
Have you acknowledged service (AoS) of the claim yet? If not,
you have until Monday 5th August to do so. There is no advantage
to delay the AoS so follow the instructions here to get that out
of the way. DO NOT file your defence using the MCOL website.
Your defence will be submitted as a PDF attachment to an email.
How to do the AoS on MCOL:
(HTM) https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
By filing your AoS you will then have until 4pm on Monday 19th
August to file your defence.
I suggest that because the Particulars of Claim are so woefully
inadequate that you file the following as your defence:
[indent]
[hr]
[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
[hr]
DEFENCE
[hr][/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(1)(a).
3. The Defendant is unable to plead properly to the PoC because:
(i) The contract referred to is not attached to the PoC in
accordance with CPR PD 16.7.3;
(ii) 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;
(iii) The PoC do not set out the reason (or reasons) why the
claimant asserts the defendant has breached the contract (or
contracts);
(iv) 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;
(v) The PoC do not state exactly how the claim for statutory
interest is calculated.
(vi) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages.
(vii) The PoC states that the Claimant is suing the defendant
as the driver or the keeper. The claimant obviously knows
whether the defendant is being sued as the driver or the keeper
and should not be permitted to plead alternative causes of
action.
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.[/indent]
You also attach the following document, preferably as a Word
document but as a PDF.
[indent]Before District Judge [Name] on [Date]
Of the Court's own initiative and upon reading the particulars
of claim and the defence
AND the court being of the view that there is a lack of precise
detail in the particulars of claim in respect of the factual and
legal allegations made against the defendant such that the
particulars of claim do not comply with CPR 16.4(1)(a)
Order
1. Unless the Claimant do by 4pm on (insert a date here 14 days
from typing the order) file at court a further particulars of
claim which complies with CPR 16.4(1)(a) and which sets out:
(i) the precise and concise factual allegations it makes against
the Defendant and
(ii) the factual or legal [or both] basis of its claim and
(iii) exactly how its claim is calculated (if there is a claim
for a fixed sum)
then the claim shall be struck out.
1. For the avoidance of doubt the further particulars of
claim must refer to and have attached to them the contract (or
contracts) between the claimant and defendant relied on [marked
"A"] and must set out the exact wording of the clause (or
clauses) of the terms and conditions of the contract (or
contracts) which is/are relied on.
2. For the avoidance of doubt the further particulars of
claim must, in respect of each and every alleged breach of
contract, set out the reason (or reasons) why the claimant
asserts that the defendant was in breach of contract.
3. For the avoidance of doubt the further particulars of
claim must, in respect of each and every alleged breach of
contract, set out the full postal address of where the breach
took place, the precise date and time of the alleged breach, and
exactly how long it is alleged that the defendant had parked
his/her/its/their vehicle before the parking charge was incurred
4. For the avoidance of doubt the further particulars of
claim must set out a precise calculation of any claim for
statutory interest up to the date of issue to include the date
when it is said that interest started running.
5. Permission to either party to apply to set aside, vary or
stay this order by an application on notice which must be filed
at this Court not more than 5 days after service of this order,
failing which no such application may be made.[/indent]
The defence will be emailed to claim
responses.cnbc@justice.gov.uk. You CC in yourself. The subject
of the email should be "Defence to claim No: [claim number] and
in the body you just say please find attached the defence to
claim: [claim number]. You should receive an immediate auto
response which is your receipt of delivery.
#Post#: 30646--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
By: Jag84 Date: July 22, 2024, 3:25 am
---------------------------------------------------------
Thank you
The car is under my wifes name , when I do the above should I do
it under my wifes account or can I do it under mine ?
Should it be under the drivers account ? Any issues declaring at
this point who the driver was to you guys on this forum ?
#Post#: 30652--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
By: DWMB2 Date: July 22, 2024, 3:52 am
---------------------------------------------------------
Who is the claim against? Whoever is named on the claim form is
the defendant, and they are the one who must defend the claim.
*****************************************************
(DIR) Next Page