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Time almost up, I need to send defence to Northampton County Court (excel /bw legal)

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  • Time almost up, I need to send defence to Northampton County Court (excel /bw legal)

    Hi Beagles,

    I have 2 claim forms from PCNs issued in 2014 at an excel car park using ANPR cameras. The claims are with Northampton COunty Court Business Centre

    In both cases, I made a call to Excel at the time of the PCNs, telling them that their cameras had made a mistake, then ignored all other letters until now. I had had a few others from Excel and did the same ignoring tactic, but for some reason these 2 have got to the court level.

    I rang BW when I got the claim form, to ask for the details of the PCN - camera photos etc. But they haven't sent anything through (surprise surprise). I didn't issue a N18 thing to them (wasn't aware of that until now). and I guess it's too late for that now?

    The car park in question has a road passing through it - a road that I use regularly. There is no doubt that the ANPR system has messed up, but how do I tell the court this? This is a classic case of double dipping - I went through the cameras twice in a short period of time, but they don't have (or have deliberately lost) a record of me leaving the 'car park' in between these times. Almost certainly due to me being closely followed by another vehicle on the exit.

    I sent my Acknowledgement of Service in time, but now have 2 days to get my defence in. I know I should have sorted this quicker, but things are tricky with work at this time of year, and it's just not happened, so I'm in a bit of a panic. I've looked at loads of threads and posts and case law, from here and the other usual sites, but not been able to nail exactly what I need to put.

    There is a chance that I could get help with costs, as I'm self employed with a low income, but is there time for that?

    I am drafting a 'GAN' letter, with the oft-recommended points about contract of the land, and all those things, but I'm really not sure how to word the ANPR defence.
    What can I do?

    Many thanks in advance
    Tags: None

  • #2
    Re: Time almost up, I need to send defence to Northampton County Court (excel /bw leg

    tagging [MENTION=5354]mystery1[/MENTION] xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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    • #3
      Re: Time almost up, I need to send defence to Northampton County Court (excel /bw leg

      The question is how easy is it for you to prove what you say i.e. it was a double dip ? Will you rely on your witness statement or will you have photo/video of the rat run etc

      Post up the claim form and anything else you have. (sanitised)

      M1

      Comment


      • #4
        Re: Time almost up, I need to send defence to Northampton County Court (excel /bw leg

        I was intending to take a photo of the rat run and show it on a printed google map too. I wasn't aware that video could be used, but I would do that if it will help.

        Details from the Claim Form:
        ---
        The claimant's claim is for the sum of £100 being monies due from the defendant to the claimant in respect of a PCN issued on xx/xx/2014 at xxxx(time) at The Square Chorlton Anpr charging scheme std (60-100) The PCN relates to {car and reg details}.
        The terms of the PCN allowed the defendant 28 days from the issue date to pay the PC, but the defendant failed to do so.
        Despite demand having been made, the defendant has failed to settle their outstanding liability.
        The claim also includes staututory interest pursuant to section 69 of the CCA 1984 at a rate of 8% pa from xx/xx/2014 an amount of £xx.xx
        The Claimant also claims £54 contractual costs pursuant to PCN Ts & Cs
        ---
        The rest of the form is (as far as I can tell) standard notes; is there anything more I should add on here?

        Comment


        • #5
          Re: Time almost up, I need to send defence to Northampton County Court (excel /bw leg

          Edit to suit. (especially #5)

          Woundupdef.rtf

          M1

          Comment


          • #6
            Re: Time almost up, I need to send defence to Northampton County Court (excel /bw leg

            Thankyou so so much

            As there are 2 very similar claims, should I send the same defence for both, and/or should I request that they are dealt with as one? I have seen different advice, so wondered what your opinion is

            Comment


            • #7
              Re: Time almost up, I need to send defence to Northampton County Court (excel /bw leg

              Each case needs a defence.

              I would ask for them to be 1 case. If you lost then the costs would be less.

              M1

              Comment


              • #8
                Re: Time almost up, I need to send defence to Northampton County Court (excel /bw leg

                Originally posted by mystery1 View Post
                Each case needs a defence.

                I would ask for them to be 1 case. If you lost then the costs would be less.

                M1
                I have already submitted the defence for them, separately. Can I ask for them to be considered as one when I get a court hearing? Or do I need to request that now?

                Comment


                • #9
                  Re: Time almost up, I need to send defence to Northampton County Court (excel /bw leg

                  Originally posted by Wound Up View Post
                  I have already submitted the defence for them, separately. Can I ask for them to be considered as one when I get a court hearing? Or do I need to request that now?
                  When the directions questionnaires arrive add your request to that. I would also send an email to the claimants solicitors now.

                  M1

                  Comment


                  • #10
                    Re: Time almost up, I need to send defence to Northampton County Court (excel /bw leg

                    Originally posted by mystery1 View Post
                    When the directions questionnaires arrive add your request to that. I would also send an email to the claimants solicitors now.

                    M1
                    Just registering my interest in this one for later. Would love to see their pack later as the "contract" they produce is odd.
                    Not here a lot but you'll find me on Pepipoo.

                    Comment

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