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Karalius

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  1. Hi guys, I am about to file my defence via email as cannot log in to the claim anymore. Can you please advise if I can paste below and if it's good to go for now, or should I add anything else in? Thanks! The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Defendant is the recorded keeper of vehicle xxxx xxx. 2. It is denied that the Defendant entered into a contract with the Claimant - Parking Eye LTD. 3. 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 simply contracted by the landowner 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. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.
  2. Hi, I've just got attached letter from DCBL. I guess they will be moving forward with the case. They seem to have acknowledged the CPR request. Let's see if they will provide it. DCBL 16-04-24.pdf
  3. Thank you. Should I wait and submit the defence the night before it's due i.e. 26th April due, and submit it on the 25th, or should I do it now?
  4. Hi and thanks. Would it be just as simple as below defence, or do I need to write up a witness statement along with this? The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Defendant is the recorded keeper of vehicle xxxx xxx. 2. It is denied that the Defendant entered into a contract with the Claimant - Parking Eye LTD. 3. 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 simply contracted by the landowner 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. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.
  5. Good morning all, I just wanted to check if I should slowly start preparing the defence for this case? Thanks
  6. Good morning, Ethel. I haven't received any communication from them, neither via email nor post, since the last attempt to reach me by phone.
  7. Hi JK, Apologies for any confusion on my end. Just to clarify, do I need to send a copy of the Acknowledgment of Service (AOS) to DCBL as well? Thanks
  8. Hi Dx, I've managed to reach out to the money claims team. I may have inadvertently logged into the claims system yesterday but accidentally closed the browser afterwards. Unfortunately, the system only allows one login attempt with the provided code. They've recommended that I submit the Acknowledgment of Service (AOS) via email, attaching the filled-out form to the message. I'm just about to proceed with this, but I want to ensure that everything I've filled out is accurate. Would you mind reviewing it and giving me the go-ahead to send it off? Thanks a bunch AOS - 03-04-2024.pdf
  9. I will try again tomorrow, thanks. No, I have sent it first class and got a receipt of postage from the counter.
  10. Sorry DX.. I have sent CPR request off to solicitors just now. Been holding on the phone for almost an hour now to recover the claim password, not getting through to MCOL for some reason and cannot log in to acknowledge the claim... Should AOS via the form provided perhaps? If not I will keep trying until they close at 5pm today.
  11. Thank you. I'll review the thread and initiate the AOS process accordingly. I'm encountering some trouble logging into the claim portal. It keeps indicating that either the claim number or password is incorrect. Currently, I'm on hold with the court to resolve this issue. A quick query regarding the CPR request: Should it be directed to DCB Legal? If so, I'll ensure to dispatch it today. Appreciate your support.
  12. Hi, Please see below and I will read on the sticky as advised in the meantime. Which Court have you received the claim from: MCOL Northampton N1 Name of the Claimant : Parking Eye LTD, 40 Eaton Avenue, Buckshaw Village, Lancashire, PR7 7NA Claimants Solicitors: DCB Legal LTD, Direct House, Greenwood drive, WA7 1UG Date of issue: 27/03/2024 Date for AOS: 12/04/2024 Date to submit Defence: 26/04/2024 What is the claim for: 1) The defendant (D) is indebted to the Claimant (C) for a parking charge(s) issued to vehicle **** *** at Hallsville Quarter, London Basement and Surface. 2) The PCN(s) were issued on 15/09/2020. 3) The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Vehicle remained on private property in the breach of the prominently displayed terms and conditions. 4) In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4. And the claimant claims 1. £170 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.03 until judgement or sooner payment. 3 Costs and court fees What is the value of the claim: £170 Amount Claimed: £220.36 court fees: £35 legal rep fees: £50 Total Amount: £305.36 Have you moved since the issuance of the PCN: No Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform: Yes - 26/01/2024 - not replied
  13. Hello everyone, I hope this message finds you well. Unfortunately, I've received a claim form from the Court this morning, and I've attached the documentation for your reference. I'm reaching out for some guidance on how to proceed in this situation. It seems that I'll need to prepare a defence, but I'm feeling a bit uncertain about the process since I haven't had experience with it before. If anyone could offer some advice or assistance on how to move forward, I would greatly appreciate it. Thank you in advance. Parking Eye - Claim Form - 15-09-2020.pdf
  14. Hi BazzaS, Wow, thank you for bringing this to my attention, I am glad I mentioned it. To clarify, the cryptocurrency and PC equipment were acquired from liquidators and paid for using my personal account. Regarding your inquiry, yes, it is indeed the same cryptocurrency that I purchased personally, and I did not provide any personal guarantee. I have not signed any documents with my company or the liquidators indicating personal liability. I've attached the invoice from the liquidators, with sensitive details of my company and the liquidators redacted. I also realised that the date on the invoice is 2022, it should have been 2023, not sure if that makes any difference. I would appreciate your insights on this matter. Thanks Invoice for Sale of Assets.pdf
  15. Hello Ethel, The current status of the £13,000 investment... Presently, its value stands at £1,055. I would also like to mention a transaction from May 2023 involving the liquidators offering to sell me cryptocurrency and a PC equipment from the company for a total of £768. I used personal funds to complete this purchase. The PC was valued at £300, and the cryptocurrency, as indicated in the invoice, was priced at £340 plus VAT. At the time of acquisition, the cryptocurrency was valued at £340. I received a call from my liquidator today. However, following advice from Griffins Lawyers and CAG, I refrained from answering the call. Presumably, the liquidator wanted insight into my course of action to relay it to Griffins Lawyers. Looking ahead, it seems likely that the matter will proceed to court action. The outcome, including the potential of bankruptcy, will be determined by the court? Understanding the ramifications, I'm curious about the repercussions and penalties associated with bankruptcy. Enduring six years of restricted credit and financial activity seems daunting. Contemplating alternatives, I ponder whether borrowing £5,000 to settle the matter is wise move? Although feasible to repay within four years, it's disheartening to consider providing undeserved funds to be divided amongst them. Navigating this situation feels overwhelming, especially considering my extremely poor record-keeping practices. Gathering evidence will pose a challenge, aside from the bank statements documenting the transfer of funds from the business account to my personal account and subsequently to cryptocurrency exchanges. Thanks
  16. Hi Ethel, Regarding the dividends, although they were tied to the investment, no documentation was requested at the time. However, I can furnish evidence indicating the transfer of funds from the business account to my personal account, followed by conversion to USDT on Binance, and subsequently the purchase of the cryptocurrency on KuCoin. Currently, the cryptocurrency remains in my KuCoin account without any transactions since the initial purchase. Hi Bazzas, Concerning your inquiry about purchasing cryptocurrency from the company account, I encountered difficulties due to bank restrictions, prompting me to transfer the funds to my personal account for direct purchase. Notably, these transactions occurred during a period when the company was financially solvent, evidenced by ongoing sales on platforms like Amazon. The unforeseen overnight collapse of the company was unexpected. Regarding tax filing, it seems opting for "The loan is ‘written off’ or ‘released’ (not repaid) including if the company goes into liquidation" would be appropriate? This would entail me completing form P11D and submitting a self-assessment I assume? Despite being unaccustomed to such filings, given my history of being primarily employed, I'm considering seeking advice from an accountant. Assuming not fulfilling these obligations could result in further worse consequences I'm unsure of when liquidation comes to light in court? Thank you
  17. Hi BazzaS, Thank you for getting back to me. When I first started selling on Amazon, I set up the company online myself and opted for a virtual registered address. At that time, I was quite inexperienced in running a business and lacked a comprehensive understanding of its operations, which unfortunately led to its eventual failure. I never received any guidance or ebook on managing a business, which I now realize would have been invaluable. I acknowledge that there will likely be repercussions for my actions, and I am prepared to accept responsibility for my mistakes and negligence. It seems inevitable that I will have to face the consequences. One of my major errors was heeding the advice of friends who suggested transferring funds into my personal account and investing in cryptocurrency without seeking advice from an accountant. Looking back, I understand how misguided this decision was, but at the time, I lacked the necessary insight and guidance. I fully recognize my mistake and am willing to rectify it. Regarding declarations, I also failed to declare these transactions, as my accountant had initially categorized the funds as investments. I don't know if it's wise for me to do that now? Thanks
  18. I found my storage was fully, I have deleted some documents to free up space. Here's the letter now. Thanks Parking Eye response 15-09-2020.pdf
  19. Hi, FYI I have received a letter from Parking Eye after sending the funny letter to them. For some reason I do not get an option to upload any files anymore. Can someone please help?
  20. Hi, sorry for late response Ethel. No, just a copy through email.
  21. Thanks dx. I don't have a mortgage or any property, and if you call the assets that around my house i.e PC, clothes, iphone etc. Worse comes worse, I will take the CCJ.
  22. Thanks dx. I will block their number and await for anything to come through mail. I assume take no action now unless they/Barclays send a letter in?
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