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Poor-Paulus

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Posts posted by Poor-Paulus

  1. Hi everyone,

    My brother has recently bought a 10 year old car from a dealer which soon after purchase, developed a few issues. These were dutifully repaired by the Dealer. There was no aftermarket warranty included, but the dealer stepped up above-and-beyond. However, it's now been approx 7 weeks since purchase and the turbo has failed. Would this still be considered a "reasonable" amount of time to consider the dealer liable for the repairs?

  2. Guess what????

     

    I WON! :whoo:

     

    I arrived at the courts nice and early at 09:15, only to find lots of TV cameras outside.

    I know that I'm great, but I wasn't expecting that :-D.

    It turns out that the three people that were convicted for the explosion in Leicester were being sentenced that day.

     

    When I'd booked in, CEL's solicitor came over and introduced himself; he was very friendly and asked if I had any questions before we went in (which I didn't).

    I also found out that it's normal to wait...and wait...and wait...

     

    We were eventually called about 2 hours after our stated time.

    I clocked the time as we went in and clocked it when we got out - exactly 10 mins.

     

    In a nutshell, it went a bit like this...

    CEL's solicitor made his opening statement.

    I made my opening statement.

     

    CEL's solicitor asked why how I couldn't possibly know who was driving that day.

    I answered stating that several people had access the car that day.

     

    ...and then, the judge piped up saying that people couldn't possibly be expected to know which was the correct sign if there are 3 different signs, all saying different things, and told CEL's solicitor that this should have never come to court.

     

    I then asked about the £90 lost of earnings, which the judge said "Of course. you're definitely entitled to that".

    ...and we left the room (I was probably sat in the court when the above post was made, so I didn't ask about any more than that).

     

    When back in the waiting area, CEL's solicitor came over to me and said that he doesn't understand why CEL insist on pursuing these cases when there is no way that they can win.

    I almost felt sorry for him because he was there for the day so see through 3 other cases.

     

    So then, I would like to thank you all for your honest (sometimes brutefully honest) advice.

    It has been invaluable, much needed and very much appreciated. I will, of couse, be making a donation to the site so that it can continue to provide the sterling support that is has been doing a long time.

  3. Hi everyone, sorry for the silence.

    I've had a mad few days travelling to places with work where their was either no receiption, or mobile devices aren't allowed.

     

    I have submitted my Witness Statement to the court as recommended and I have also sent a copy to the CEL. I have taken on board the advice given.

     

    I am self employed and so it would have been MUCH cheaper for me to just pay the ticket and move on instead of having to take time away from work to attend a hearing. However, it's the priciple of being charged when I shouldn't be is what it keeping me going.

     

    I would like to thank you all for your advice and help so far; it is very much needed and appreciated. I am now genuinely looking forward to the hearing so that I can finally state my case and bring this issue to an end. Obviously, I will let you know the outcome on Friday.

  4. @dx100uk

     

    I'm afraid so.

     

    @ericsbrother

    Having not been through anything like this before;

    I admit that I have been a little ignorant to what is required.

     

    I have had parking tickets before that I have contested successfully,

    but they have never got this far and I was expecting this to be the same.

    My bad.

     

    They've sent a massive pack of info.

    I'll scan it all and get it up on here ASAP.

    Is it acceptable to copies of their defence as my defence?

     

    Attached is the CEL pack of information.

    I have broken it up in to 5 sections because it was over 22mb.

    I will post that up if that is prefered.

     

    I will work on my pack and upload it as soon as I have completed it.

    claimants WS .pdf

  5. After what must be over 100 attempts, spread over several days, I have finally got through - CEL DID pay the fees, so the case is on.

     

    Being that I'm not the most organised person in the world,

    I did not submit my witness statement prior to the required 14 days (the case is to be heard on the 18th Jan).

    This was because the deadline for paying the court fees was just a few days before Christmas, so I had other things on my mind.

    So, What can I do?

     

    On 4th Jan, I received the CEL's pack with all of their evidence,

    but haven't put together a pack of my open because I completely forgot about it until theirs arrived;

     

    I appreciate that this is no defence.

     

    That’s exactly 14 days before the hearing.

    I wasn’t home, s

    assume that the postman signed for it.

    Is this legal?

     

    When I checked the Royal Mail website, there’s a scrawl that obviously isn’t mine, so can this be considered inadmissible?

     

    Without going in to too much detail,

    from what I can see,

    in my opinion their witness statement is flawed

    - the sign I saw stating that there was 3 hours parking belonged to another parking company, not CEL.

     

    Their signs state 2 hours,

    but I did not pass one on the way to my parking space.

     

    How was I supposed to know the difference?

    I know that I was parked for 3h 7m, but isn't that within the 10min grace period that parking attendants give (or have I imagined that?).

  6. I have finally had a response from CEL.

     

    They have provided the information that I was recommended to request (photos/all correspondance etc) in April/May.

     

    As well as this, I haven't received any more concerning the court action and the deadline of 21 Dec has passed.

     

    How do I find out if they paid the fees?

  7. ...another update.

    Yes, you were right again. They did badger me to settle this at a reduced cost, which I have ignored and they haven't replied to my previous correspondence (template by dx100uk, above). I have now received a Small Claims Hearing.

     

    I would appreciate some advice on preparing for this as I've never been in to a Small Claims Court before (I'm a good boy).

    Parking Small Claims.JPG

  8. Hi everyone,

    I have done as recommended and things are progressing.

     

    I have received a letter from he County Court requesting that I complete a N180 form.

     

    It looks simple enough, but is there anything specfic that I should or shouldn't be saying on the form?

     

    ...further update, I haven't received anything back from CEL in respect to the requests made in the above template.

  9. Name of the Claimant ? CIVIL ENFORCEMENT LIMITED

    claimants Solicitors: It looks like it’s straight from CEL, no solicitors.

     

    Date of issue – 14 Mar 2018

     

    Date to submit defence – 16 Apr 2018

     

    What is the claim for –

     

    Claim for monies relating to a Parking Charge for parking in a private car park managed by the Claimant in breach of the terms + conditions (T+Cs).

    Drivers are allowed to part in accordance with T+Cs of use.

    ANPR cameras and/or manual patrols are used to monitor vehicles entering + exiting the side.

     

    Debt + damages claimed the sum of 236.00.

    Violation date: 21/04/2017.

    Time in: 16:00. Time out: 19:06.

    PCN ref: XXXXXXXXXX

    Car registration: XXXXXXXXXX

    Car park: Hawley Retail Park

     

    Total due- 236.00

     

    The Claimant claims the sum of 252.86 for monies relating to a parking charge per above including 16.86 interest pursuant to S.69 of the County Court Act 1984.

    Rate 8.00% pa from dates above to- 13/03/18

    Same rate to Judgement or (sooner) payment.

    Daily rate to Judgement- 0.05.

    Total debt and interest due- 252.86

     

     

    What is the value of the claim? £327.86 including fees

     

    Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Issued by the Private Parking Company.

     

    Were you aware the account had been assigned – did you receive a Notice of Assignment? ---

     

    Ericsbrother, I work away a lot, so I don't get to see my post on a daily basis. I have made the required online acknowledgement within the time limit stated.

     

    The text in red for the “particulars”, is word-for-word of the Claim Form.

  10. Hi Everyone...I'm back.

     

    I haven't made much progress with this because I had an accident in May and ended up in hospital a couple of times and have only recently started back at work.

     

    As a result,

    the POPLA number expired when I got round to registering my dispute.

     

    I went back to CEL for a replacement who refused to provide another one.

     

    It was then that I got stuck.

    I received one-or-two further love letters from CEL, which I ignored (but kept) because I don't know how to further contest this.

     

    I have now received a letter from their solicitors, QDP.

     

    This leaves me to ask, what do I do next?

     

    I kinda expected them to go away after they sent the previous letters, alas, I was wrong.

    QDR letter.pdf

  11. Sorry for not being back sooner,

    I've had family problems that are far more important than a parking issue.

     

    I have attached some photos of the signage (and a couple of screen-grabs from Google).

     

     

    I was intrigued to notice that if I'd turned left instead of right,

    there are signs stating that there is only 2 hours parking, not the 3 hours.

    More photos.pdf

  12. we need to see the postmark on the envelope as they are probably using their old tricks of telling out and out lies to get money. That will apply to the signage as well, they send a photoshop mock up rather than any images of the signs in situ.

    reason for needing postmark on envelope? you got the NTK too late for keeper liability but they are claiming they snet it out in good time. the postmark will prove otherwise. the next step would be asking the DVLA who accessed your keeper details and when. that will probably be after they supposedly wrote to you . Not sure is Ashley Cohen is telepathic, pathetic and maybe psycopathic but they are not a replacement for the law.

     

     

     

    That could be a problem...the envelope went in the recycle bin. I'll have a look for it when I get home later (I'm still at work).

  13. I must have passed that sign because that is on the right, after turning tight at the mini-island, which is where I parked.

     

    It does look like it might be a parking information sign, but why would someone be looking over there for parking information?

     

    It seems an odd place to location a potentially expensive bit of information.

     

    I'll get some better photos later.

  14. You are correct.

    I parked in the non-Tesco side where there are a small number of other retail shops.

     

    I usually park directly opposite the entrance from the road (snippet attached from Google Street Maps).

     

    As mentioned above, I have never seen any signs giving any indication of parking restrictions...and I still can't see any signs on the attached views.

     

    I will be shopping there again this afternoon, so I will take some proper photos.

    Entrance photos - google street map.pdf

  15. Hi everyone,

    I received this in the post today.

     

    I noticed that the dates suggest that it has taken its time getting to me, so I think I need to move quickly on this one.

     

    I have parked in this car-park on many occasions and I've never noticed any the parking signs there - I'll be going back this afternoon to check on this.

     

    Any advice would be greatly appreciated.

     

    21st April 2017.

    PCN Scan2.pdf

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