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BreadAndButter

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  1. OK then, as a final draft! 1. It is denied that the Defendant entered into a contract with the Claimant , or broke any such contract. 2. 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 only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to
  2. 1. It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract. 2. 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 only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park 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
  3. 1. Two parking tickets were purchased using the only method of payment - a mobile parking app. One for initial payment, then an extension using said app. 2.The alleged "breach" of terms and conditions or contract have been aggravated by the App failing to take payment despite confirming the defendant was fully paid, twice. 3.Following the BPA Code of Practice, a 'You must not use predatory or misleading tactics to lure drivers into incurring parking charges.' This may lead to the member (Claimant) be suspended or expelled immediately from the BPA, investigated and d
  4. Feel free to rip my defence to shreds or add what you think 1 . The Defendant was forced to use a defective Mobile phone app to pay for the parking fee as there was no other option 2.The mobile App is confirmed 'defective' by firstly failing to process payment, then confirmed again by reviews of other users on the Google App store stating it does not function and users of the app receive a parking fine. 3. The Defendant believed to pay in full the required sum of £1 per hour and additional sums when the app alerted to extend the stay. 4. The def
  5. Thanks, that's all done. Ill get reading other threads for the next steps and Ill get a CPR 31:14 request done. Thanks for your help
  6. thanks for this is it not worth adding anything to my defence in case a judge looks at it and makes a decision? or anythign to scar eht other party who see my response?
  7. sorry im confused by this bit, the issue date on the form is 23rd April AOS i calculated as 5 days after this date?
  8. Name of the Claimant : Civil Enforcement Limited Claimants Solicitors: S wilson, Head of legal Date of issue – 23 April 2021 Date for AOS - 28th April + 14 days Date to submit Defence - 25th May 2021 What is the claim for – 1.Claim for monies relating to a parking charge for parking in a private car park managed by the claimant in breach of terms + conditions (T+C's). 2.Drivers are allowed to park in accordance with T+C's of use. 3.ANPR cameras and/or manual patrols are used to monitor vehicles entering
  9. OK so after my letter in january they have filed a court claim I really could do without a CCJ over this! Im trying to remortgage, id happily pay the £227 for it to go away an not have no credit for 6 years. I obviously need to file this back, what should be the defence? What do they normally do in these cases as its clear a contract could not be entered into easily thanks
  10. SO, next letter - i guess I state im needing debt advice and a 30 day pause on proceedings? Send asap by post Civil Enforcement Limited Horton House Exchange Flags Liverpool L2 3PF Dear Sir/Madam, In response to your most recent correspondence: I am seeking debt advice but I deny any debt, the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
  11. I appealed via their website, being very careful not to identify as the driver https://www.ce-service.co.uk their appeals is sneaky, it asks if you are the driver and then if you're the keeper before giving you an online appeals form. I didnt check either box I then stated in the appeals text box, the online app did not register me parking, it did show me the vehicle was paid up, it doesn't keep any receipts, but it does show my most recent location was 'grey friars car park' showing i was there and obviously used the app. My bank account
  12. WAIT - incorrect data - It was a pay by phone ONLY. Council got back to me, it is not their grey friars but a private one operation
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