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. #41
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    Default Re: NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

    Ok Iíll do that when I get home later cheers for the advice


  2. #42
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    Default Re: NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

    Tried to fill in the complaints form but it says I have to wait one month before making a complaint so thatís the process under GDPRicon


  3. #43

    Default Re: NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

    print it off and say you have attempted to resolve but they refuse to comply.
    i avoid using online forms because of things like this.


  4. #44
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    Default Re: NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

    Just received a lettericon from DVLA confirming NCP requested the information so how did they start sending it to the wrong address ?


  5. #45

    Default Re: NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

    OK, dfate they requested the information. They have to get it within the time frame or they are breaking the law and you can use this against them. Often peopel sue them afterwards using the defeated claim as further evidence of the wrongdoing.


  6. #46
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    Default Re: NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

    The date is with in the 14days so no joy there, but in the letter from DVLA there is a paragraph.

    This enquiry was submitted using an electronic link, therefore no evidence was provided to support this request.

    This evidence can be made available to the DVLA if requested.

    So it was processed through an automated system and no by a human, I thought they couldn’t make automated decisions ??

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  7. #47

    Default Re: NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

    DVLA know thta this is a problem for the so thyey try and avopid actually answering the questions. try phoning and then quote the ref given and make them try again even iof you have to write again


  8. #48
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    Default Re: NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

    Have emailed again with a few testing questions for them


  9. #49
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    Default Re: NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

    N THE county courticon

    CLAIM No:

    BETWEEN:

    BW Legal services LTD

    -and-



    _________________________ _______________
    DEFENCE
    _________________________ _______________
    All correspondence from BW Legal were sent to the wrong address for the registered keeper and such like I have had no opportunity to discuss the issues with them. I believe the claimant has behaved unreasonably by not ensuring they used my correct contact details. . I suggest the claimant did not make reasonable enquiries as to my current address before perusing the court order especially considering they had good reason to believe they did not hold my current contact details. Furthermore, considering they received no response from me to their correspondence this should have been a clear indication of the obsolescence of the address. This is clearly a breach of the GDPA I am still waiting for answers to my questions. A counterclaim for breach of GDPA will be forthcoming.
    The Defendant is the registered keeper of the vehicle in question. The Claim relates to an alleged debt in damages arising from a driver's alleged breach of contract, when parking at car park on 30/11/2017.

    In addition to the original PCN penalty, for which liability is denied, the Claimants have artificially inflated the value of the Claim by adding purported added 'costs' of £60 contractual costs pursuant to PCN Terms and conditions which the Defendant submits have not actually been incurred by the Claimant.

    In the Particulars there is also a second add-on for purported 'legal representative costs of £50' on top of the vague £60, artificially hiking the sum to £247.80 This would be more than double recovery, being vague and disingenuous. Such costs are not permitted (CPR 27.14)

    According to Ladak v DRC Locums UKEAT/0488/13/LA the claimant can only recover the direct and provable costs of the time spent on preparing the claim in a legal capacity, not any administration cost.

    However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

    Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They are at the entrance to the ramp going into the car park and it would be dangerous to stop and read the sign. Video to be presented to the court.

    The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily particularly at night in a badly lit area It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.
    The area in which the driver parked had NO signage displayed, photo to be provided, and when the driver was ready to purchase a ticket there was NO signs in and around the pay area. Photo to be presented to the court.
    Any contract must have offer, acceptance, and consideration both ways. There would not have been consideration from the claimant to the driver. Therefore, there is no consideration from the driver to NCP.
    On this basis I believe that the claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

    I would like to enquire that the Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking chargeicon notices, and to pursue payment by means of litigation.

    The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

    In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

    I believe the facts contained in this Defence are true.

    Name:

    Date:


    My defence feel free to let me know where I have gone wrong please


  10. #50

    Default Re: NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

    I would go stronget than this and state that the claimant deliberately sent all correspondence to the wrong address possibly as a result of using a third party people search organisation but as they had the correct lee[er detasils from the DVLA this resullted in a breach of the DPA/GDPRicon.

    the POFA says thta the NTK must state the amount due and if they want to claim keeper liability they cant rely on small print stating they will add adminicon or other costs to the bill. Therefore the bill is £100 unless they can prove the keeper was also the driver at the time. Move this up to just under the point about additioanl charges

    You wouldnt like to enquire anything, that is not within the courts remit so state that you do not believe they have the necessary authority assigned to them by the landowne as they have failed to produce sight of this by way of a CPR 31.14 request and therefore believe they have no LOCUS STANDI in this matter..

    Reduce the length of each of the points so they make a statement rather than explaining the point of law that will be understood by the judge.
    IE insufficient sigangr to for a contract and drop the bit about font size etc, that is all for later.
    You want punchy bullet points, not an essay.

    Finally number the different points you want to make

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  11. #51
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    Default Re: NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

    thanks for the help ericsbrother changes will be made


  12. #52
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    Default Re: NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

    Defence now sent to the court, waiting game begins


  13. #53

    Default Re: NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

    You mean filed on mcol?

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data costs
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  14. #54
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    Default Re: NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

    No I sent it to the court, I still have till to on mcol ill do that as well have i messed up ?


  15. #55

    Default Re: NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

    thats what mcol is there for... Money Claim On LIne...
    seem to be making numerous silly schoolboy mistakes from day one.
    dont assume you know,,,ask..thats why you came here for,..... help...

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data costs
    If you want advice on your thread please PM me a link to your thread
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  16. #56
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    Default Re: NCP/BW ANPR Claimform - Ashford Park Mall Ashford TN24 8RY

    Thanks for the help and yes I will ask in future. Just logged onto mcol and they have received my paper defence so looks good so far.


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