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CEL ANPR PCN claimform - Alexandra Retail Centre Tunstall Stoke On Trent


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oh ok, i think my daughter has this on her phone and she is not here today i will get it and post it up later

 

Thanks all for the help.

HTH (Hope This Helps) RDM2006

 

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how long do they have to reply to cpr request? not had anything yet

HTH (Hope This Helps) RDM2006

 

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i used the standard one on here so 14 days just wondered if the courts allow longer times

HTH (Hope This Helps) RDM2006

 

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nothing to do with the court

they don't even know you sent it

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Probably a stupid question but just trying to get things clear.

 

They have stated that they are not relying on POFA 2012.

 

1 As far as i know POFA 2012 is the law of the land and overwrites procedures that existed before it, therefore, this is the procedure to use and has no opt in/out clause.

 

2. If they are relying on previous procedures (and allowed to) then surely their signage should state which procedures are in use otherwise how is the consumer to know, thus, the signage would be insufficient.

 

Just a thought

HTH (Hope This Helps) RDM2006

 

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i'd just file the 2/3 line defence without getting into these things at this stage

 

these extras will come into play at the disclosure stage under your witness statement..IF it gets that far..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Ok my daughter took the pictures of the sign but must have deleted them as she cant find them on her phone so we will retake photos tonight.

 

Is the below correctly laid out?

 

Case No XXXXXXXX Civil Enforcement Ltd V XXXXXXXXXXXXX

 

1. It is admitted that Defendant is the recorded keeper of [XXX XXX].

 

2. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 Sch 4. Section 9 (5)) in that it did not arrive within the relevant period (14 days from the day following the parking event). The information was not requested from the DVLA until 28/04/17 23 days after the incident on 05/04/17 (letter from DVLA attached)

 

3. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 Sch 4. Section 9 (2)(e) It does not “invite” the keeper to pay the charge and states that they “require” payment.

 

4. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

 

5. On the 25/07/17 I received a letter stating that the outstanding balance was £100.00 (copt Attached). On the 28/07/17 I wrote to the claimant asking for a copy of their KADOE agreement with the DVLA, a copy of their agreement with the landowner and a copy of their code of conduct (copy Attached) in order to ascertain if their claim was correctly/legitimately issued in order that I may make payment and have not received this infornation, therefore, any costs after this date are wasted costs due to the claimaint.

 

6. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.

HTH (Hope This Helps) RDM2006

 

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what do i have to take into court ?

 

is it just the defence or do i have to take the court papers too?

 

is the above correctly laid out or do i need more info eg name and address etc

HTH (Hope This Helps) RDM2006

 

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file by mcol website

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

If you arent using MCOL you POST the defence to both the court that issued the claim and also the claimant.

Dont forget, this is just the beginning of the court process so keep an eye on the clock to see if CEL actually bother to pay the allocation fee. They may well not bother once they realise this isnt going to be a free meal for them.

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oh can i just upload it online didnt know that. will i still have to post it to cel if i do that?

 

is there a time limit for CEL to pay the allocation fee?

HTH (Hope This Helps) RDM2006

 

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no mcol do that...how long have been here..about time you started to read up on what you have to do and when etc by reading other ppc claimforms threads in the downtime you have between stages??

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Sorry for the past few weeks i have been ill and havent read as much as i should but i am better now

 

 

but thanks all for your help

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

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:thumb::thumb:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

ok i have been looking in the successes and cant find one that asks this question

 

is there a time limit for CEL to pay the allocation fee?

 

anyone know the answer or point me in the right direction

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

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All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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the court sets that when it gets allocated

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Ok letter from court to acknowledge defence, and says copy sent to claimant and that they have 28 days (assuming 5 days to get there, that will be 33 days from date of letter) for them to proceed or it will be stayed. After this they would have to apply to a judge for an order to lift the stay.

 

letter dated 01/11/18 so that will be 03/12/18

HTH (Hope This Helps) RDM2006

 

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  • 3 weeks later...

We have today received some of the information we had asked for under cpr.

 

The covering letter says

 

We refer to your subject access request. please find attached copies of all correspondence sent to you, including the images of your vehicle taken by our anpr cameras.

 

Please note that the requirements for disclosure under cpr31 do not apply to claims on the small claims track such as this one (cpr 31.1(2))

HTH (Hope This Helps) RDM2006

 

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HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

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All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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Not related to this subject but i used to have a bookmark which took me directly to a list of posts that i had subscribed to which has stopped working, How do i get to my subscriptions now?

HTH (Hope This Helps) RDM2006

 

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well, the track hasnt been decided, you might want to go for fast track and why wouldnt you if you were absolutely penniless.

 

Not sure what you mean here, sorry

 

Not had the questionaire yet this is their reply to my CPR

HTH (Hope This Helps) RDM2006

 

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well their statement of truth ISNT signed and is dated nov 2017.

 

Now Ashley Cohen is clairvoyant as well as all of the other things he claims.

 

Nice one to poke them with later as you will put it in your documents to show that they are just regurgitationg cut and paste papers rather then showing evidenec of their claims. they havet put the address of the site in this nor stated who the manage the site on behalf of.

 

Show us the rest of what they ahve sent as I bet even the images of the signaeg is a mock up and not an actual sign at the site that easily identifies the location.

 

To challenge this you will need pictures of every one of their signs to show that their picture isnt an in situ sign so they are giving false evidence ( they do this a lot)

 

Now we keep saying to peopel show us everything so please dont wait to be asked again, save time and effort and put it all out there

Edited by honeybee13
Paras
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