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FTMDave

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Everything posted by FTMDave

  1. You do have a spiteful bloody-minded nature Nick. Something we certainly have in common!
  2. I would guess the claim is - £170 + £20.20 interest = £190.20 £35 court fee £50 legal representative's fees £275.20 total. So legit and you don't need to alter your WS. If things go wrong with the Dartford e-mail address tomorrow you can always send by snail-mail. Make sure you put a paragraph in your WS that you are respecting the court's deadline for WS service but you are yet to receive one from the Claimant.
  3. Dartford County Court and Family Court - Find a Court or Tribunal - GOV.UK WWW.FIND-COURT-TRIBUNAL.SERVICE.GOV.UK Dartford County Court and Family Court - Find contact details, opening times, how to get to here, types of cases managed, disabled access to the building
  4. Dartford County Court will have its own e-mail address. It should be on the court order that fixed the hearing.
  5. From point 23.8 of the BPA Code of Practice. Use it in the BREACH OF CODE OF PRACTICE section - You must have a process for considering appeals received outside of the normal 28-day period allowed for lodging an appeal where the appellant provides evidence of exceptional circumstances for the appeal not being lodged within the normal timeframes – where the addressee only discovers and can show that a parking charge notice has been issued in their name after the 28- day period the period must restart and any enforcement, excluding court action, must be paused Yes, please!
  6. Your WS is superb. Well done. I'm afraid hyperlinks are no use in a WS. You need to remove them and include the actual quoted reference (which you have done, e.g. 2.6, 2.7, Appendix D). I've looked at the court order. I haven''t a clue what this bundle is. If in doubt send your WS a second time.
  7. 1. We normally say to e-mail the court and to send the PPC theirs by 2nd class post, which is all they're worth. When you e-mail the court make sure you put the claim number, the names of the parties, and "Witness Statement" in the subject field and click on return receipt. For the leeches' copy get a free Certificate of Posting from the post office. 2. Not sure. These are strange, atypical directions. Can you please upload the court order. 3. Good. You can add a paragraph to yours that you are respecting the court deadlines, while the Claimant is not, and you respectfully ask the court to disallow any late WS from them. 4. Spot on. Let me scoff a late-night sarnie and then I'll read through your WS.
  8. Yep, after these indications I found it! So essentially you stopped a couple of meters before an entrance and a barrier where you would have had to stop anyway. This could be argued as de minimis. Plus there was a sign there which encouraged you to stop.
  9. Thanks for filling in the second sticky. It's a pity you outed yourself as the driver as you would have been home & dry had you not done so. Still, live & learn and all that. All of us on the forum have made legal mistakes, especially if we've found ourselves in a situation for the first time. It was also a bad idea not to reply to the Letter of Claim. The PPCs are on the look out for people who ignore the LoC as they think they may ignore a claim form too so the PPC gets an easy default win. Can you show us on Google Earth exactly where you stopped? I've had a look but can't find it. You say you had to stop anyway as there was a barrier so this could be a useful avenue to go down.
  10. OK, so firstly this throwing away of paperwork has to stop. You now have to play catch-up, trying to get your hands on the correspondence and with the other side trying to put barriers in your way. You have to defend yourself without properly knowing what you're being accused of. For example, we don't know if they respected the Protection of Freedoms Act when they sent the PCN. So two things. 1. When they replied to your SAR, did they really just send photos and the appeals in a big block of text? No PCN? No reminder letters? No Letter of Claim? 2. If so, you can sue them for a couple of hundred quid for distress for not respecting their statutory duty. Are you willing to do this? Have a little think about it and let us know.
  11. Yes, I know, you said straight away. You also said you were with a group of people and they all received PCNs too. So did any of them keep the payment slip? Because if even one of them can prove they paid and the machine was broken, clearly that would mean the machine was broken in your case too. You will have to give the PCN number. As LFI says, refer to the driver in the third person. As Nick says, tomorrow get a two-line letter sent to PE saying you have moved from A to B, invest in a 2nd class stamp and get a free Certificate of Posting from the post office. That will protect you from getting a backdoor CCJ.
  12. DOUBLE RECOVERY 33. The Claimant has artificially inflated their claim for a £100 invoice to £170. This is simply a poor attempt to circumvent the legal costs cap at small claims. 29. Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court V Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practise continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (...) the claim is struck out and declared to be wholly without merit and an abuse of process.” 34. In Claim Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ''It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the Civil Procedure Rules 1998...'' 35. The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14. 36. It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4)
  13. Alarm bells are ringing. We have over 100 cases on the private parking forum - loads more over the whole site - of people who moved, did not inform their legal adversaries or the DVLA of the move, and who ended up with a backdoor CCJ as the court papers went to the old address. You need to sort this out sharpish. You can also be fined a grand if you don't update the vehicle log book with the DVLA.
  14. I've read through your thread from the start and there was advice to use chargeback and to be wary about suing a company whose address is a mail box. Anyway, as Andy says wait for the Notice of Judgment from the court.
  15. So the sections of your WS need to be - SEQUENCE OF EVENTS - a brief description of how you got the invoice. NO KEEPER LABILITY - LFI's magic from post 16. There is now a persuasive judgement you can quote https://www.consumeractiongroup.co.uk/topic/465769-premier-park-euro-car-parts-gatwick-80-crawley-rh10-9pl-no-parking-period-quoted-so-pofa-not-respected/#comment-5250822 BREACH OF CODE OF PRACTICE - the stuff about them denying you the right of appeal. NO LOCUS STANDI - you asked to see a copy of their contract with the landowner which authorises them to bring claims in their own name by CPR, they didn't send it, you don't believe they possess locus standi. ILLEGAL SIGNAGE - your CPR request also requested to see proof of planning permission for their signs, they didn't send it, you believe they do not possess PP which is a criminal offence and no contract can be formed where criminality is concerned. DOUBLE RECOVERY - the Unicorn Food Tax they make up. This is the same for every case so I'll post the section below. A couple of things. Did you ever get you hands on what you wrote in your attempted appeal and their reply? I'm concerned you might have outed yourself as the driver. Have you checked yourself on the council portal if they have planning permission?
  16. The parking company have a statutory obligation to reply to the SAR. If they don't, you can sue them. However that has no connection whatsoever with whether their parking invoice was legitimate or not. They are two separate matters.
  17. It was a bad mistake not to reply to a Letter of Claim. The PPCs are on the look-out for people who ignore the LoC, reasoning that they might ignore a claim from too and thus the PPC gets an easy default win. dx100uk will on soon with details of how to do Acknowledgment of Service and to send a CPR request to DCBL. Please fill in the sticky.
  18. I panicked when I saw your attachment and got it wrong. Sorry. The deadline for your Witness Statement is actually 27 March so time is on your side. The court usually just states one deadline but weirdly in your case there is a second deadline of 13 March for "documents". Thus my confusion. I'll have a read through your thread from the start this evening and suggest sections for the Witness Statement. I've removed your real name from the PDF.
  19. The important thing from your point of view is that you should have filed your Witness Statement with the court three days ago. The court will probably let you off if you are a few days late as you are a Litigant-in-Person, but clearly it must be done tomorrow. I hope you have already drafted something.
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