Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21

    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    you can ask the Vlauations Agency or the local council, both have an interest by way of business rates.
    you wont gte a response from the landowner because they will sense that you may try and bite their bum over this but it can nevrr hurt to ask


  2. #22
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    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    Update:
    Cpr 31.14- awaiting (recorded delivery)
    DVLA data request- awaiting
    Planning consent signage/contract for parking management info- awaiting
    Found PCN NTK in junk mail- uploaded
    Pictures of signage in car park- No signage in entire area of disabled parking
    Need to prepare defence to submit by 17/09/18
    Gone through the defence template and need advice.. will paste in next post shortly.

    Attached Files Attached Files

  3. #23
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    Default

    Signage pictures of parking lot.

    No signs anywhere near the disabled parking or near the entrance.

    Seems like they want disabled badge holders to incur parking chargeicon.

    Valid file for viewing..

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  4. #24
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    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    Quote Originally Posted by dx100uk View Post
    just use the two line one
    "It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 paragraph 9(5). The Notice to keeper failed to reach within 14 days of contravention date."
    Is this enough?


  5. #25
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    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    1.The Claimant’s claim is the sum of 150 being monies due from the Defendant to the Claimant in respect of a Charge Notice(CN) for a contravention on 07/10/17 at St Mary’s Gate Retail Park Car Park (Sheffield). The CN relates to a XXXX under registration xxxx.

    2.The terms of the CN allowed the defendant 28 days from the Issue Date to pay the CN, but the Defendant failed to do so. Despite demand having being made the Defendant has failed to settle their outstanding liability.

    3.The claimant seeks recovery of the CN and interest under section 69 of the County Courts Act 1984 at the rate of 8% at the same rate up to the date of Judgment or earlier payment.


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

    2. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012, Para 9(5), the Notice to Keeper was issued 45 days after the date of contravention and not within the stipulated period of 14 days.

    3. 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."

    My last date for submission of defence is tomorrow 17.09.18. I hope to send this tonight.
    Please advise me if the above is correct..
    Thank you

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  6. #26

    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    its interesting to note they don't use their usual POCicon of even mentioning driver/keeper issue?

    dx

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  7. #27
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    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    Quote Originally Posted by dx100uk View Post
    its interesting to note they don't use their usual POCicon of even mentioning driver/keeper issue?

    dx
    Particulars of Claim.
    Yes no mention that the keeper is being held liable for non disclosure of drivers details.

    Interestingly the Final Reminder states the Driver is of the vehicle is liable and in the next paragraph it simply infers liability on the Keeper as the PPC did not receive any response from the NTK. "It is too late for you to appeal."

    In third para the FR states either pay or notify name of driver by stipulated date. Semantics!

    Is the defence appropriate? please?


  8. #28

    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    let EB decide tomorrow
    you've got until 4pm
    and even then you are a LiP [Litigant in person so are allowed some leeway .
    a day or 2 wont hurt
    but EB is normally around mid morning.

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  9. #29

    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    one final point

    can I just check there has been NO communication whatsoever from your parents or you toward VCS prior to the sending of the CPR?

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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  10. #30

    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    right, lets be clear about signage and some other things to consider. there is no such thing as disabled parking on private land. landowners only have markings because they are told to by the planners but there is no law other than in Scotland that maske them enforceable and even north of the border it is a discretionary scheme that one is invited to join. Saying there are no signs in the disabled area is a 2 edged sword becuase there is no recognised sign but the reverse of that is how are peope supposed to know there are additioanl terms if there is no sign.


    However, like the other points you raise, that is for the future. For the moment all you are stating is the bare bones of why you dont owe any money so use a simple statement such as " there was no breach of contract so no monies can be owed as a result" The fact that they are pursuing the wrong person shouldnt be the ONLY defence point so i would start by dropping the cut and paste wording you have found, you are not a lawyers so use plain but precise english. Always use the third person so you say "the defendant" rather than "I". This is important because the driver is a separate person as far as the contract goes so you use the terms the driver and the keeper (defendant as that is the capacity they are suing you as despite their attempts to muddy the waters)

    so how about:
    1. The claimant cannot rely upon the POFA 2012 to create a keepr liability and the defendant denies being the driver at the time. this means there is no cause for action by the claimant against the defendant.
    2. In any case there was no breach of contract as no applicable contractual condition was offered to the driver at the time.
    3. The signage at the site entrance is not a contract but an invitation to treat so the claimant cannot rely upon it to create terms by which the driver would be bound.




    the last point overlaps with point 2 but allows you to ake separate arguments regarding to content of the signs and counter their claim that you must obey the signs. No you dont in this case.


  11. #31
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    Quote Originally Posted by dx100uk View Post
    one final point

    can I just check there has been NO communication whatsoever from your parents or you toward VCS prior to the sending of the CPR?
    Absolutely none whatsoever..


  12. #32
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    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    "1. The claimant cannot rely upon the POFA 2012 to create a keepr liability and the defendant denies being the driver at the time. this means there is no cause for action by the claimant against the defendant.

    2. In any case there was no breach of contract as no applicable contractual condition was offered to the driver at the time.

    3. The signage at the site entrance is not a contract but an invitation to read so the claimant cannot rely upon it to create terms by which the driver would be bound."

    @Erics brother- makes sense. Only one thing, the defence is admitting that the Keeper is not the driver. Wouldn't it raise the issue that the Keeper didn't not disclose this even though the PPC advised this a number of times.
    The fact that the NTK was not issued within the stipulated period according to POFA2012, would that be taken up at Witness statement stage? Is that not pertinent to mention at defence stage?


  13. #33
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    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    @Ericsbrother - Or did you mean just for now the defence should state
    " there was no breach of contract so no monies can be owed as a result"

    and the other three points can be elaborated upon at the time of witness statement?

    1. The claimant cannot rely upon the POFA 2012 to create a keepr liability and the defendant denies being the driver at the time. this means there is no cause for action by the claimant against the defendant.

    2. In any case there was no breach of contract as no applicable contractual condition was offered to the driver at the time.

    3. The signage at the site entrance is not a contract but an invitation to treat so the claimant cannot rely upon it to create terms by which the driver would be bound.


  14. #34

    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    1. The claimant cannot rely upon the POFA 2012 to create a keeper liability and the defendant denies being the driver at the time.
    this means there is no cause for action by the claimant against the defendant.

    2. In any case there was no breach of contract as no applicable contractual condition was offered to the driver at the time.

    3. The signage at the site entrance is not a contract but an invitation to treat so the claimant cannot rely upon it to create terms by which the driver would be bound.

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  15. #35
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    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    Ok thanks. Im going to submit this now. Fingers crossed!


  16. #36

    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    have you ever wondered why the parking co keeps asking who the driver is? Withiout that information they have noone to sue UNLESS they jump through certain hoops in the right order at the right time. Your lot didnt and yet you seem to want to give away this advantage that makes the claim totally void on its own.


    You have to read a lot more threads and I would suggest the parkig pranksters blog for the last 4 years to get your head around what is actually going on.


    Yes, I did intend you to make the defence points as numbered, that is why they have numbers to them and the comment is spaced well below the suggested defence so there is a differentiation..

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  17. #37
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    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    Thanks @ericsbro .. Ill look into the threads and parking pranksters!

    Received the info from DVLA on using the forums letter template.
    The PPC enquired on the 21/11/17 and the date of event was 08/10/17.
    According to DVLA, POFA Sch 4 applies, 14 days etc "however, the company is able to pursue, payment of charge through means open to them prior to POFA and therefore have reasonable cause to receive that data, DVLA is not entitled to impose unlawful restrictions...." explaining their position.


  18. #38

    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    so who applied for your details? Was it VCS?

    so they have no keeper liability and that is why they have to show who was driving at the time and if you deny it was you then they will have a hell of a job to get anywhere as they are barking up the wrong tree. they cant asume that the keeper and the driver are one and the same and you are not obliged to help them.


    The DVLA says all of this because they are upsetting many menbers of parliament and if it wasnt for brexit tiem moight be made to consider legislation that clips the wings of the DVLA and the parking co's.

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  19. #39
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    Default Re: VCS ANPR PCN Claimform - St Marys Gate retails park. Sheffield

    Quote Originally Posted by ericsbrother View Post
    so who applied for your details? Was it VCS?

    so they have no keeper liability and that is why they have to show who was driving at the time and if you deny it was you then they will have a hell of a job to get anywhere as they are barking up the wrong tree. they cant asume that the keeper and the driver are one and the same and you are not obliged to help them.


    The DVLA says all of this because they are upsetting many menbers of parliament and if it wasnt for brexit tiem moight be made to consider legislation that clips the wings of the DVLA and the parking co's.
    Yes..VCS applied for details.
    Enquiring reason: Breach of terms and conditions of a private car park.

    Have received Notice of Proposed Allocation to small claimsicon Track/questionnaire.

    Sorry for the late reply. My father was hospitalised for the past week for a heart condition

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  20. #40
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    Need help with filling out the NoPA to SCT/Directions Questionnaire..

    1. To be completed by Defendant (name)
    A1- small claimsicon Mediationicon service- YES/NO- (not sure but perhaps yes?)
    C1- YES (appropriate allocation)

    D1- Sheffield county courticon ( hopefully there is one)

    D2- NO (don't think there can be any expert evidence required)

    D3- ONE-( the defendant is only witness ..as discussed in earlier posts not my father who was with her on the date of event)

    D4- Not available end Oct- Jan (is that ok to write as they ve asked for dates, can't confirm any further dates either as hospital appointments pop up, but I can try to rearrange dates for hospital visits)

    She does speak a second language should I act as her interpreter? Speaks english but understanding is a little weak if spoken quickly to or listening to a thick accent.

    Lastly, the original is sent to the court(sent from), a copy to the claimant and a copy for self..

    Sorry to all for these ignorant questions. Ive read up posts on various sites its just quite confusing applying it to the case.


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