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Trailboy

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  1. Not sure DX, something about case being dismissed after arbitation. Hopefully this case i was sent will help people Ericsbrother: https://www.thesun.co.uk/news/3263657/parking-fine-appeal-won-manchester-landmark-legal-case-help-millions-drivers/
  2. Hi Folks, Hope all good with you all, just a quick update and not pleasant reading i'm afraid. The situation was causing a bit of tension in the household so despite all the excellent advise you kindly provided the driver arranged mediation with the debt chaser and settled with them to close the case. That was the end of January and 3 months needs to pass apparently. Keep up the good work and where you have the will, please keep on fighting these serial and obscene misuse of civil procedures. All the best TB
  3. Thanks erics brother, we received some documents about mediation but also that he is applying to have the court hearing in truro as its near to his office! Still 200 miles from us tho. Going to send to him directly the CPR prcess wanting evidence, worth sending recorded or just normal ok as a bit of a nuisance getting to post office.
  4. Ok thanks for the advice, no problem. For tyhe counter claim tyhe line was 'I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim' Imeant to take out counter claim thing as havent ticked that on mcol so making it read 'my intention to contest all of your claim' thx for your patience and help TB
  5. Hi DX, Ok found your earlier advice as below for the letter. Ihavent made a counter claim so shall i just delte that section for now? Also i added in an extra line at the bottom that someone else used as advised by erics brother, keep it or delete it? ref cpr 27 thanks again for your support and advice. TB [Their address] . [Date] . Dear Sir or Madam, . Re: (Claimant's name) v (Your name) Case No: . CPR 31.14 Request . On (date) I received the claim form in this case issued by you out of the (Name) county court[ . I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest (and counter claim all of your claim). . Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: . 1. proof of assignment from the landlord to create contracts and make claims in your own name. . 2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007 the contract between Capital 2 Coast and the landowner that assigns the right to enter into contracts with the public and make claims in their own name, Planning Permission for their signage under the Town and Country Planning Act 2007, copies of the notice to driver, notice to keeper and any other correspondence from Capital 2 Coast or Debt Recovery + to the defendant. . You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. . Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. . Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. . Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. . In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response. You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. A resposne is required within 14 days. . Yours faithfully
  6. Ok thanks will do, i guess i need to give them our correct address now then? Their website indicates they specialise in buying parking tickets debt. Can i post the propsed letter on here for final check before i send it? thanks TB
  7. Thanks DX, no nothing there but the claim is signed by Alan Davis Managing Director so would that mean they arent using solicitors? There isnt an address for sending documents enter (if different from cliamants) many thanks TB
  8. Hi DX, Thanks for the message, yes, the mcol sort of led me through filing a defense/writing a little piece about the claim. I hve had an acknowledgeemtn from the court but still dont have the solicitiros details, where can i get these please so i can send the CPR31? Many thanks TB
  9. Hi DX, I have done the mcol submission but cant find details of the claimants solicitors, will this come in the MCOL acknowledgement? Can i send the CPR31 letter to the claimant directly? Many thanks TB
  10. Thankyou for the replies, yes DVLA updated and orignal pcn issuer also, they haave chosen to ignore that. Subsequent correspondence we reminded them of COA but didnt provide the new one and they havent bothered checking with dvla since.. hi, i'm on the website now doing the claim. ive put that the time from ANPR was over allowed time, been sending everyting to wrong address, DVLA knows about COA, demand to see proof the debt exists, vexatious litigation. Anything else?
  11. Sorry DX, i thought you wanted to see the claim form as per the other thread. Name of the Claimant ? MIL collections ltd, quay street truro tr1 2HE Date of issue – 28 October 2016 (only received yesterday as sent to old address) What is the claim for – Charge for parking on private land 1. the claimant purchased the debt on 11/10/2016. Assignment notice sent 12/10/2016. 2 The defendent was registered keeper and /or driver of vehicle xxxx at the time. the charge is as follows: Ref xxxx offence: failure to dispaly a valid permit. Location: Eastgate wharf lewes BN7 2AS Date & time 28/11/2014 09.48 Vehicle make model xxxxxxx Issue date & time 23/12/2014 18:.24.47 3. The claimant wrote to the defendent on 12/10/2016 informing of an intention to issueas summons. No resoltion received. The claimanat claims 1. Debt amount £160.00 2 Administration and collection fee £50. total £210.00 What is the value of the claim? £210 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim ? MIL Collections Were you aware the account had been assigned – did you receive a Notice of Assignment? Only last night with the other mail from old house, moved 23 months ago and informed original PCN issuer of this. Many thanks
  12. Thanks DX thats really helpful and we'll get the Q&A answeres. in your first post of today you refer to VCS, should that be changed to the relevent orignal parking company or similar. Is it ok date wise, 28 october plus 14 days acknowlede, 5 serve and 14 to reply? Thanks again.
  13. PS Can anyone update the thread title to reflect debt sold and N1 issued please so relevent onging post? thx TB
  14. Morning to you all, All has been quiet since my last posts and thanks again for your help and support. However, the RK has now received a N1 form from a county court. The debt was sold on 11/10/2016 and letters and N1 have been sent to our old address. The clim form is dated 28/10/16 so we have missed the 14 day deadline as only received it last night. Ah just read there is 5 days from the 28/10 so still just in time to respond. Does RK wish to defend the claim, admit or ask for 28 days to prepare the defence? Can i use the letter above again saying all sent to wrong address and ask for case to be thrown out as might not have received all the letters? Slightly panicking as suddnely seems as though the law is against the RK. Many thanks for any advice you can give, will look at parking prankster in the meantime. TB
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