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alladin78

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Everything posted by alladin78

  1. I called the county court and they've confirmed its been settled. Thanks for all your help and support!
  2. Hi All Just thought I would update you. I got a letter earlier this month from CEL "Confirmation of Cancellation xxx" stating they've discontinued the proceedings for the Claim and have notified the court.Attached was a form N279. thank you all for your help!! you kept me going and gave me strength to fight these goons! God bless you all. Al
  3. Thanks @FTMDave My defence may need changing - from post #39, point 3 - Letter before claim, from reading through different sites, my understanding is that it is the same as the CEL letter quoting "Pre Action Conduct and Protocol" which is dated 24/8/18 (see post #54 which has all letters CEL claims to have sent me). I've started with just points 1 and 2, seems a bit weak! but I plan to add CEL response to my letter asking for information on who owns the property and the contract they have with the landowner which they've not supplied stating that it is not required for small claims (at the point the letter was sent, it was not assigned to small claims track). I did offer payment, but have no proof of the phone call, and CEL have not provided call records as part of the SAR request. To be honest, as it was so long ago I'm not sure whether it was CEL, or the DCA (ZZPS) that called me! The CEL SAR bundle also did not include the letters from QDR Solicitors either! Do I add that also to my defence? Also, I am the registered keeper of the vehicle, but not the sole driver. Should I also add POPLA violation as they've not identified the driver as me? I just have to add - some of these parking apps and sites suck as they do not offer a means to make back dated payments! which I can prove for the phoneandpay site as I did try to make the payment the next day when I remembered!! Also I didnt understand what you meant by "Also add about their abuse of the county court system by inventing extra costs to get round the small claim costs limit." Thanks in advance.
  4. Received a letter from CCBC saying they've moved the case to my local court, and the district judge will be in touch. I'm reading through the various sites to prepare my WS. Couple of questions: 1>How do I go about understanding which categories exist and which I can use to base mine on (based on closest fit)? Signage was not clear on contract (I will research that), but my point is more about the fact that the amount charged (£100/reduced to £60 if paid within 14 days) is too high! 2>Is there a way of understanding if there is a point to defending this claim, as the ANPR pics do show the car going in the morning and coming out in the evening? 3>What is the worse outcome from this case? I have to pay up the £300+ they're claiming as damages if judge rules in their favour? Is it possible that I end up having to pay more? Thanks Mili
  5. Dear @dx100uk CEL did get QDR solicitors to send me a few letters. But the claim form does not have a solicitor's sign or name. I have been reading various threads but most of them seem to have a frightening end, or some of them just don't have the outcome! I've searched N180 and only reached page 3 of 10! so I do have a fair more reading to do! I gather I need to start preparing a Witness Statement, and have been trolling through CAG for templates. I should be able to manage a draft, but am confused on how to cite precedents from other cases! As many of the threads are not exactly the same as my case. I will post again once I get the letter from county court. This is really scary for someone like me who's never had to go to a court before! Sorry if I keep repeating foolish questions, but I just dont have a good enough understanding despite all the reading I've been doing and find yours and Ericsbrother's guidance simpler to follow - if I could get a flow diagram explaining how this process works it would really help (with what form is issued by whom at what points and what the possible outcomes to it may be) I may even draw it up based on what little I know to help others once my case is over. As always, thanks for your help.. I would really be lost if this forum wasnt there!
  6. My claim on MCOL has the following update: DQ sent to you on 19/12/2018 DQ filed by claimant on 19/12/2018 General sanctions order was made on 26/01/2019 You filed a DQ on 06/02/2019 Your claim was transferred to on 06/02/2019 What will happen now? - Will I get a letter detailing what needs to happen next? Do I need to speak to a solicitor? I cannot believe that they've progressed this claim without even giving me the name of their solicitor!!
  7. I've filled the forms D2 -No. printed 3 copies, redacted my number and email for CEL copy. And put them in envelopes which I will send in recorded/tracked mail tomorrow. Should I also send en electronic version to ensure that the response is received within the 7 days from 26th Jan 2019? Also, is it worth me calling the court up to enquire about the letter they claim to have sent to me last month? Thanks
  8. Thanks for responding this late @dx100uk Sorry its not that obvious to me. Section A - I've selected 'No' to Mediation/Settlement B - I've added my correspondence details (this was obvious) C - I've selected 'Yes (is this right?) D - Not sure what to put in here - D1 - I've given details of the nearest court that hears moneyclaims with my reasons D2- ?? Not sure what Expert Evidence is? D3 - 1 (if its just me?) D4 - I've added these in. Thanks so much!! God bless you.
  9. Help!! I've received another letter N24 from the County Court. I've redacted and attached it. Its talking about the N180/N181. I don't understand - it talks about a "Directions Questionnaire" that I needed to send?! But I didn't receive any letter to that effect?! Also the letter is dated 26/1/2019, and states that I have to respond on or before 7 days from service of the order. I'm having a panic attack! please help! Thanks attached now. Just checked MCOL, and it states that DQ (Assume this is Directions Questionnaire) was sent on 19/12 as below. DQ sent to you on 19/12/2018 DQ filed by claimant on 19/12/2018 I've been on holiday from 21/12, and returned on 5/1/19 but have not seen this letter in the post that accrued?!! N24 General Form of Judgement.pdf
  10. ok thanks @dxuk100 and @ericsbrother I've checked my MCOL account and there has not been any update. As per the letter - the 28 days - is that 28 working days or calendar days? if its the latter then I should have an update by the end of this week I suspect.
  11. Hi @ericsbrother 1. Is the first letter the NTK? I've got a response for the letter I sent to County Court today stating point 3 as below; it basically says I need to apply for the claim to be struck out using the N244 application form (which they attached) or alternatively dispute the claim by filing a defence and /or counterclaim. 2. I've filed Defence - so do I need to submit this N244 form to strike out the claim? ---- The claimant has failed to follow the Civil Procedureicon rules by failing to issue a letter before actionicon and the claim is too vague to see what the claim is actually for. The claimant has also failed to show who is issuing this claim as they have stated that CEL are the legal representative of the claimant but haven’t stated who that is when signing the form. The defendant states that this is not an error but an abuse of process and therefore requests that the claim be summarily dismissed under CPR 3.4 and states that it is likely to fail anyway. ---- I've sent the email to the Croydon Valuations Agency last weekend - got an automatic response from them. But nothing answering my query yet. I've done a search on the Planning register and found an entry as attached, no history though. Also done a search on HMLR and I've not seen an entry for the actual car park - but could purchase a copy of the Plan and Registration for the title that I suspect is the property. 3. What is my next step once I get some information about the actual owner for this car park? 4. the letter from the County Court stating they confirm they've received my defence states that the claimant (CEL) need to respond in 28days. Will I get notified when this happens - and how (email/letter/MCOL update)? Thanks again for all of yours and Dx's help.
  12. Hi @dx100uk, The first letter does have pics in and out, but does not say 'Notice to Keeper' on it, it says 'Parking Charge Notice'. It is dated 18/09/17 and is within 14 days of incident (7/9/17). I've attached the scanned docs as requested. Thanks PCN Letter1 NTK.pdf ANPR pics.pdf
  13. Hi I've received the response from DVLA and a pack of papers from CEL. I've attached both the DVLA and the CEL letters with personal info removed. The CEL letter states the following: We refer to your Subject Access request. Please find attached copies of all correspondence sent to you, including the images of your vehicle taken by our ANPR cameras. Please note that the requirements for disclosure under CPR 31 do not apply to claims on the small claims track such as this one (CPR 31.1(2)). The DVLA letters states that The DVLA considers the allegation that the terms and conditions of private parking as reasonable cause and has provided the data to allow the landowner and their agent to pursue their legal rights. CEL made an electronic request which would've got an automatic response. The following were in the pack from CEL (please let me know which of these you would need to see a copy of, and I can scan those as well) the first PCN letter (I presume this is the NTK) dated 18/9/17 Amount says £100, but says reduced to £60.00 if paid within 14 days), the second (reminder letter) dated 19/10/17 (£100), ANPR photos of the car entering and exiting the car park, CEL letter threatening to go to DCA dated 14/3/18 amount £140 (original charge £100 + additional costs) ZZPS letter 1 - dated 19/4/18 (£140+£60) ZZPS letter 2 - dated 4/5/18 (£140+£60) . this was followed by the letters from the solicitors QDR -there were a couple of these (but CEL have not included these). CEL letter quoting "Pre Action Conduct and Protocol" for debt claims, then stating that if debt is not paid in 30 day they would issue CCJ, dated 24/8/18 Claim form Q1. I still don't know who the owner of the car park is and whether they have a contract with CEL or Star park. What do I do now? Q2. Why have not included the phone call if it was a SARs request? Thanks for all your help in advance. CEL CPR Response.pdf DVLA response.pdf
  14. I've submitted my defence (before the deadline), and emailed DVLA for the details of who requested my registration details and what reasonable cause they cited. Thanks again.
  15. hi @dx100uk The letter to court - is that the response pack I need to fill in from the N9B claim form page 4 titled "Defence and Counterclaim (specified amount)" ? OR do I just send it as a plain letter with Claim reference mentioned? I've been reading up on CEL and country court claims - both on CAG and pepipoo and other sites - and I'm just getting more confused I will start to draft up a full defence this weekend. Thanks
  16. @ericsbrother - this post, where you suggest putting in a separate letter - who do I send this to? Thanks
  17. Hi @ericsbrother Sorry I'm confused, and anxious. In post 41 - as response to my questions in post 40 (following your suggestion from a previous post 39, added below), @dx100uk said "as for point 3 yes send that in a letter to CEL ref your case number." So should I not send it? it is very confusing I was meant to have posted it today, but luckily got busy and couldn't do it. Thanks
  18. Hi @ericsbrother What format should I expect to see the response for the CPR? I've not received anything yet. Do I get any email/letter notifications for the next steps on MCOL? I've put the following in a letter to CEL. ---- The claimant has failed to follow the Civil Procedure rules by failing to issue a letter before action and the claim is too vague to see what the claim is actually for. The claimant has also failed to show who is issuing this claim as they have stated that CEL are the legal representative of the claimant but haven’t stated who that is when signing the form. The defendant states that this is not an error but an abuse of process and therefore requests that the claim be summarily dismissed under CPR 3.4 and states that it is likely to fail anyway. ---- Is there anything else I need to do before 12th Nov? Thanks Al
  19. Thanks @dx100uk Ok I’ll wait to submit my defence. Don’t like leaving it to the last day though. Should I send the letter to CEL now or at the same time as defence? Regards
  20. Hi @ericsbrother This is what I have in the MCOL Defence particulars section: The defendant states the following: 1. The claimant has no locus standi in this matter, the contract to park is with a different company. 2. the main signage at the site is not an offer of a contract but an invitation to treat and the defendant denies that there was an agreed contract to breach. 3. The claimant has failed to follow the Civil Procedure rules by failing to issue a letter before action and the claim is too vague to see what the claim is actually for. The claimant has also failed to show who is issuing this claim as they have stated that CEL are the legal representative of the claimant but haven't stated who that is when signing the form. The defendant states that this is not an error but an abuse of process and therefore requests that the claim be summarily dismissed under CPR 3.4 and states that it is likely to fail anyway Is that enough? Do I need to state that I admit to being the keeper of the vehicle etc.. (other points in the template)? I sent the CPR3114 on 18th and it was signed for on 19th Oct by Regus (believe they are the building maintenance/reception). You mentioned putting the last line in a separate letter. Did you mean point 3? And who/where do I send this to? CEL? Thanks
  21. Hi @ericsbrother My claim date is 11/10/18, I guess within 33 days of that means before 13/11/18? Are there templates for the defence I can use? Not sure how to start/open my statement. Thanks Al
  22. @ericsbrother, @dx100uk, I've scanned and redacted the whole claim form - all 4 sheets (8 pages) - there is nothing additional I could find apart from the small section on the front page which I had uploaded a while back - but you may be able to spot something. I've also attached more car park pics - this one has all the signs, and the 2 close ups for the signs at the entrance. Thanks for all your help and guidance. CarParkpics.pdf CalimFormFull.pdf
  23. No there is no parking meter, it’s a small car park 11 spaces total operated by Star park. Only option to pay is by phone (call number on the board) or via their app and registering your details. There are a total of 4 boards. 3 of them are Phone&Pay purple ones, and 1 white one which I’ve uploaded a photo of. I’ll check again today and take a few more pics. I’ve sent the CPR 3114 to CEL. Thanks again.
  24. Sorry I’m not sure I understood. The sign says “... within 10 minutes “ is that not legal? Also do you need more pictures of the car park? I can get them tomorrow.
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