Okay Andy So I should just leave this now until I receive the directions from the court for this case moving forward or for Lowell to give up? Thanks Andrew

Hi dx100uk What should I put in the letter to the old company? I’m only asking because a few people who use to work there have said they messed up there payments and they seem to be known for ignoring complaints and not paying people right. Thanks Andrew

Bump

It was only because dx100uk said to till then so they don’t send something last minute or something I wasn’t sure. Andrew

The car is registered at my mum n dads and the LBA was the first letter I got at my address I think and it was from ParkingEye. ill have a look for more paperwork when I get home tonight Andrew

Yea they used my old mum and dads address I think when first sending the PCN but I don’t think I got two tickets I think the 7th is the right date. I can have another look to see if I can find it thou

Hi everyone I need a bit of help getting the income a company I worked for last year to change how much they paid me on HMRC. last tax year I worked for two companies and went self employed. The first company paid me fine with no problems but the second one messed up completely. I started working for them at the end of July 2018 and got terminated at the end of September 2018. In this time I only ever received one payslip from the company and 5 payments. Yes I know already confusing but it gets better. The payslip doesn’t match up with the payments even with taking tax and NI into account. And the HMRC records don’t match up with either the payments or the one payslip. The payslip says the following: Payments Basic Pay: £1,500.00 Commission: £620.00 Pay Date: 25/09/2018 Total Payment: £2,120.00 Deductions Car Park: £30.00 Commission Advance: £434.00 PAYE: £424.00 NI: £170.16 Total Deductions: £1,061.84 Net Pay: £1,061.84 What HMRC says Date Taxable Income Income Tax Paid NI 31/08/18 553.38 110.60 0.00 30/09/18 2,120.00 424.00 170.16 09/10/18. 0.00 0.00 0.00 31/12/18 1,343.62 71.00 76.99 31/12/18 0.00 0.00 0.00 The payments I received 22/08/18 £182.00 05/09/2018 £412.78 12/09/2018 £116.00 29/09/2018 £1,061.84 09/11/2018 £984.63 Total £2,757.25 So as you can see they don’t match up and my problem now is I only found out it was different on HMRC after my accountant submitted my self assessment for 2018 to 2019 with what my payslip said I was paid. So now my self assessment is wrong and HMRC records are wrong. I submitted a form telling them that the company had it wrong and they just sent me a letter saying I need to contact the company. I would really appreciate any help anyone can give me about contacting the company and getting this all sorted out. Thanks Andrew

All I remember is I had a meal in kfc and stayed awhile because I wasn’t in a rush. Then I got a letter saying I’ve got a ticket and I overstayed. I can’t find the first letter they sent but I’ve found a Letter Before Action. But what’s weird is on the LBA they say the ticket was issued on the 07/10/2019 not the 10/10/2019 like the court form says. I’ll upload it for you and acknowledge the claim form. Andrew ParkingEye.pdf

I’m not sure how they got it then Andy, when I look at the pdf reference I got with my defence when submitting it online. it’s on there with my phone number, I thought I had to put them on there. do I need to send an email back to them saying not to use this to send things? Andrew

Name of the Claimant : ParkingEye Ltd Date of issue – 24/02.2020 Date for AOS - 14/03/2020 Date to submit Defence - 27/03/2020 What is the claim for – 1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019. 2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract). 3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period. 4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach. 5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)). What is the value of the claim £175.00

Okay will get what I can and come back

I submitted both Acknowledgment and Defense though MCOL online

Sorry I’m a bit confused by what you’ve said on the email. When and what do I need to email them back? Thanks ‘Andrew

They got my email because I put it on the Acknowledgment or defense. I got a letter from the court saying they received my defense and the claimant has 28 days to respond. Andrew

So do you think they will give up or let it get to a hearing date and push it to the last min then give? Andrew

Hi everyone I received a ParkingEye claim form today that was issued on the 24/02/2020. I'm not sure what info I need to upload on a parking charge claim form so I’ll upload the form and wait for instructions. Any help much appreciated Andrew

No worries I received a email yesterday from Lowell saying the following Dear Mr, My name is Rebecca and I will have conduct of your case. I confirm that I am in receipt of your Defence, the contents of which have been noted. You state that you do not recall having received a Notice of Assignment. I can confirm that a Notice of Assignment was sent to (Old Address that we moved out of in Nov 2017) on 25 March 2018, following our client’s legal acquisition of the account. A copy has been attached for your records. On 31 January 2020 your request for the Notice of Assignment, Default Notice, Termination Notice and account statement was received. A response was issued to you on 14 February stating that you statement had been requested from Three Mobile. It was also stated that as your account was for a service agreement and not a Credit Agreement; it is not governed by the provisions of the Consumer Credit Act 1974. As such, there is no statutory requirement to complete and sign any such ‘agreement’ in order to obtain an account of this nature. Accounts of this type can be obtained by telephone, over the internet and by mail order and therefore, if no signed contract ever existed then it cannot be provided. A Default Notice is a technical notice required by the Consumer Credit Act 1974 in certain circumstances in relation to Credit Agreements. As this debt does not arise from a credit agreement, and is therefore not regulated by that Act, no Default Notice or termination notice would have been sent. Your account statement was forwarded to you upon receipt from Three Mobile, on 18 February 2020. Having reviewed your account fully, I can see that this former Three Mobile account was opened on 5 November 2014. The number associated with the account was 000000000 The last valid payment received via card payment by Three Mobile was for the sum of £61.34 on 12 August 2015. The original balance of £820.45 comprised of an early termination fee of £685.87 and outstanding air time debt of £134.58 Due to non-payment the service was terminated and legally assigned to our client. It is our client’s position that you are liable for the outstanding balance. Should you be amenable to reaching a settlement, please contact me at this email address within 14 days with any sensible proposals you may have, that will be repaid over a reasonable time frame. Payments can be made: On our website - https://lowellsolicitors.co.uk/. Please confirm the reference of your account in order for the payment to be allocated correctly. By bank transfer to our Bank Account (Natwest, Sort Code: 60-00-01, Account Number: 39543749 and Payment Reference: 316493279) Calling us on 0113 335 3338 and making the payment over the telephone. Upon payment/ agreed settlement being received in cleared funds, we will notify the Court the case has been settled and close the account. By doing so, it will prevent a CCJ being registered in your name. Should we fail to reach an agreed settlement, our client may instruct us to proceed to a hearing where a County Court Judgment may be entered against you. A CCJ if awarded will be listed on your credit file for 6 years and have a detrimental impact on your ability to obtain future credit. If you are at all unclear, we recommend that you seek independent legal advice. Free legal advice is available from the Citizens Advice Bureau. I look forward to hearing from you.

Does my brother have to pay to file a defense as in counterclaim?

Hi Andy Yes I copied it because I thought our claims were very similar. And no all Lowell has sent was the two letters I uploaded today. Andrew Is the defence okay to submit in its current form above or does it still need changing? Only rushing because I need to go to work soon and probably won’t have time to submit it before the deadline Bump

Andy do I just change paragraph 3 to the following? Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant. Because the rest of .3 is wrong as I didn’t even get a template letter from Lowell. All they sent was the letter I uploaded today in the above post. Will this be okay Andy 1) The Defendant entered into an agreement with Three Mobile under account ref 0000000000 (‘the Agreement’). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant by Hutchison 3G UK Limited on 02/04/2019 and the notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £820.45 remains due and outstanding. And the Claimant claims a) The said sum of £820.45 b) Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.180, but limited to one year, being £65.64 c) Costs 1. Paragraph 1 is accepted. I have, in the past, had a financial relationship with Three Mobile, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. To date, no statement of the alleged account or balance has been received . 2.Paragraph 2 is noted, again I do not recall any breach nor received any kind of demand or termination notice or warning. 3. Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant. 4. Paragraph 4 is denied because the claimant is misleading the court in its pleadings. The defendant has denied the debt at each request as the claimant has failed to provide proof of the debt in the form of an agreement or statements or termination notice. Therefore, the claimant is put to strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show and evidence the Defendant was sent a Notice of default and termination notice/demand notices; and show how the Claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the* Consumer Credit*Act 1974. 7. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief. Good job I just checked with my brother there was another letter we got today. It’s a copy of a statement from 3 mobile I’ll upload it. Do I need to change the defense to say I received the statement? Thanks Andrew Lowell Solicitors2.pdf

I thought I only had until the 21/02/2020 to submit the defense xd Thanks Andrew

No worries Was just looking at the deadline. Is it right that I’ve got until midnight to file the defense? Thanks Andrew

Sorry dx100uk here is the pdf. Is the defence okay? Thanks Andrew Lowell Solicitors.pdf

Hi Andyorch ive had a look thought the cases and think this best suits me because Lowell sent a letter today saying they don’t have to give anything due to it being a mobile account. 1) The Defendant entered into an agreement with Three Mobile under account ref 00000000 (‘the Agreement’). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant by Hutchison 3G UK Limited on 02/04/2019 and the notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £820.45 remains due and outstanding. And the Claimant claims a) The said sum of £820.45 b) Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.180, but limited to one year, being £65.64 c) Costs 1. Paragraph 1 is accepted. I have, in the past, had a financial relationship with Three Mobile, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. To date, no statement of the alleged account or balance has been received . 2.Paragraph 2 is noted, again I do not recall any breach nor received any kind of demand or termination notice or warning. 3. Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant. 4. Paragraph 4 is denied because the claimant is misleading the court in its pleadings. The defendant has denied the debt at each request as the claimant has failed to provide proof of the debt in the form of an agreement or statements or termination notice. Therefore, the claimant is put to strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show and evidence the Defendant was sent a Notice of default and termination notice/demand notices; and © show how the Claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the* Consumer Credit*Act 1974. 7. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.

Hi Andy do you have a link for it? It’s been ages since I’ve done one and can’t remember which of my other posts I needed to use one in to copy from. Thanks Andrew