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    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
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    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
    • Well tbh that’s good news and something she can find out for herself.  She has no intention of peace.  I’m going to ask the thread stays open a little longer.   It seems she had not learned that I am just not the one!!!!  plus I have received new medical info from my vet today.   To remain within agreement, I need to generally ask for advice re:  If new medical information for the pup became apparent now - post agreement signing, that added proof a second genetic disease (tested for in those initial tests in the first case but relayed incorrectly to me then ), does it give me grounds for asking a court to unseal the deed so I can pursue this new info….. if she persists in being a pain ? If generally speaking, a first case was a cardiac issue that can be argued as both genetic and congenital until a genetic test is done and then a second absolute genetic only disease was then discovered, is that deemed a new case or grounds for unsealing? Make sense ?   This disease is only ever genetic!!!!   Rather more damning and indisputable proof of genetic disease breeding with no screening yk prevent.   The vet report showing this was uploaded in the original N1 pack.   Somehow rekeyed as normal when I was called with the results.   A vet visit today shows they were not normal and every symptom he has had reported in all reports uploaded from day one are related to the disease. 
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Asset/tm legal claim form- old DJS (UK) Ltd. Pdl***Claim Struck Out***


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You sure...? Normally struck out if they do not comply by..in your case 4.00pm today .

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I read it yesterday,

I will have to try and find it - it was talking about "relief from sanction".

 

So it would usually be struck out at 4pm today,

and I would receive papers to that effect and so I would do nothing?

 

Or I would apply to have the case struck out?

 

Would I still update my defence to the court?

 

I'm assuming as the original PoC has been struck out, and no further PoC has been submitted, there isn't actually anything for me to defend?

 

Here is what the court ordered.

 

1. The Particulars of claim are to be struck out because the fail to comply with CPR16.4 & PD16

 

2. By 4pm 20th Feb the claimant shall file and serve PoC which fully comply and set out in detail the claim against the Defendant to include when the agreement was entered, the nature, original parties and subsequent variation. Docs should be attached.

 

3. By 4pm 8th March the Defendant shall file and serve amended/further defence, and should address each allegation in the PoC.

 

4. - Just sets out the format of submitting / documents

Edited by dx100uk
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Right ...thanks so yes statement of claim already struck out....you must allow a few days...but if you have not received the amended particulars by the weekend...check with the court in case they have filed on time with them...but if not there requires no further action from your self...the claim has ended.

 

But you must keep checking ...if they submit late..fail to serve you a copy....inform the court.

We could do with some help from you.

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OK great, so just check with the court and do not disturb TM Legal.

 

Everything they have served me up to this point has been by email and very last minute.

But I will wait till Monday to call the court.

 

Fingers crossed they are just too incompetent to get the documents together in a reasonable time.

Edited by dx100uk
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Does this latest order state what happens if either of you fail to comply ?

We could do with some help from you.

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send them an email stating they are NOT to use this email for the serving of anything to do with the court claim XXXX

them block and bounce them.

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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Thanks, email sent them stating that receiving emails has been restricted and I will have no access to emails from today and that all papers are to be served to my home address. Will update as soon as I have one.

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Does this latest order state what happens if either of you fail to comply ?

 

Bump ?????

We could do with some help from you.

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  • 2 weeks later...

UPDATE: So the claimant failed to comply with the directions of the court to submit an updated PoC. I called the court and was advised to email them to request further directions from the court, which I did. I have received the following email today:

Good afternoon,

Your email has been referred to a District Judge who comments as follows:

“If the Claimant has not complied with the Order of 28th January 2019 (drawn 2nd February 2019) then the Particulars of Claim remain struck out.

No further action is required by the court.”

 

So, does this mean that as the PoC have been struck out that they cannot try to claim this again in court? It all seems like it was a bit too easy. 

Thank you to everyone who gave me advice on this, I would have had no idea what to do and it seems the holding defence was enough on it's own to get this struck out.

 

 

 

 

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They would require permission of the court to represent the claim again...or they could make application to challenge the strike out and get it back on track..all at further costs to them.....but for now its over.

Well done thread title updated.

Regards

Andy

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  • AndyOrch changed the title to Asset/tm legal claim form- old DJS (UK) Ltd. Pdl***Claim Struck Out***
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