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nssimpson

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About nssimpson

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  1. Two different people at planning used this phrase as did the PDF letter they emailed me. I have emailed them again asking them to consider making this investigation a priority. I told them that CEL has dropped the court proceedings possibly because they don't want a judge to look too closely into things.
  2. Hi All, Stockport Planning emailed me saying they would investigate but it's possible that the signs are classed as "Deemed Consent". However, it's not classed as high priority so we'll have to wait and see. Worth chasing? Court office has confirmed that the case has been dismissed so the panic is over. I'd love to cause CEL a load of headache but not sure if I can do anything. Cheers Nick
  3. Hi All, well I've emailed Stockport Enforcement again to provide details of how to contact BCWM. I'll contact them in 10 days time to see if they've investigated the legality of the cameras and signs. If they come back confirming that the signs are illegal I bet that will strengthen my case for claiming back full costs.
  4. Thanks dx100uk. I'll get something written this weekend so they have it in their Inbox on Monday.
  5. I called the business centre that M&F were located at and they advised me to call BCWM, which I did. A lady spoke to me and said she didn't have any information to hand so I'd have to email them my request. She asked me to provide as much info as possible including my full info so being vague might not be an option. What do you think of me putting the following: Dear XXX It was lovely talking to you earlier. As discussed, my query is in relation to the following piece of land owned by M & F Finance (Ireland) Ltd, which I believe you manage: Portwood Court, Great Portwood Street, Stockport, SK1 2ED (Title Number : MAN24187) I have a possible impending legal matter that I'm investigating and therefore need to know who signed up Civil Enforcement Ltd (CEL) to manage the car park and whether CEL currently has legal permission to enter into contracts on your behalf. Any information you can provide would be extremely appreciated. Do you think this is okay? Should I just sign the email with my name but omit my address?
  6. I've just rung the CRO in Ireland. The chap said he's never seen so many receivers appointed for one business but each one has been closed so the company is called as trading normally. I guess my only option is to send them a letter since there's no phone number. Not sure they will answer though. What happens to my case if I can't prove whether or not CEL has a contract?
  7. I rung Stockport enforcement and spoke to a very helpful young lady. Apparently sometimes replacement signage is deemed as having consent even if it's been up less than 10 years if the same poles are used. She hopes to have an initial investigation carried out within the next 10 days so fingers crossed. Now in terms of M & F Finance (Ireland) Ltd, it appears that they have just appointed receivers. I can't find any contact number for them so not sure what to do. (I've attached the title to this post so others can download it without paying.) RegisterMAN24187.pdf
  8. Email sent to Stockport. Hopefully they'll carry out an investigation and come back to me before my WS has to be in. I'm wondering whether to ring or email M&F. What do you think?
  9. I've called Stockport planning and was told that they can only see the same applications that I can see online. There are no applications for car park signage. The lady advised me to email enforcement.dc@stockport.gov.uk so they can send someone out to investigate whether illegal signage has been erected. I'll do that this afternoon. Is there anything else I should do to build up my case? Thx
  10. Hi dx100uk, well I've paid £3 for the land registry info and it appears that M&F Finance (Ireland) Ltd is the registered owner. I might try getting in touch with them this afternoon.
  11. Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning? I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
  12. Well I really don't know where to begin with this. I've spent hours trying to figure out what to put but it seems that every witness statement is different depending on the exact circumstances. I know that I shouldn't put all my cards on the table but I don't know which ones to hold back and which ones to get rid of altogether. This is what I have so far... I, XXX of XXX am the Defendant in this case. I make this statement in support of my defence again the Claimant, Civil Enforcement Ltd. 1. CEL make it impossible for defendants to discuss PCNs with them or their representatives: A. On the 26th Nov 2018 I received an unexpected PCN from CEL. I immediately went onto their “Contact Us” page, which stated that operators are available to speak to during normal working hours (see appendix 1 - THIS IS JUST A COPY OF THEIR CONTACT US PAGE). I tried calling numerous times to discuss the matter but regardless of what time of day I called there was no option to speak to an operator, only an automated system to pay. B. When I received a debt collection notice from ZZPS (see appendix 2 - COPY OF LETTER) the letter instructed me to call them on 01932918916. 14th Mar 2019 - I tried calling several times and have a call recording I can play for the court to show that it was impossible to speak to anyone. Instead I was played the following automated message: “The party’s call minder belonging to 01473478289 is full and can’t accept any more messages. Please try again later. Goodbye.” The call then hangs up. 19th Mar 2019 - I tried again at several times throughout the day and this time a message played thanking me for calling ZZPS and asked me to hold. It then rang for 2 minutes before repeating the same message. This happened over and over again. I have two recording that I can play for the court showing this to be true, one that lasted 9 minutes and the other for 10 minutes before each time giving up. It appears that there is some unreliable call routing in place meaning that I had no way of contacting CEL or ZZPS as they both advise. 2. CEL failed to produce any of the documentation I requested in writing, which obstructed me from making a decision on how to proceed with this case: A. On the 3rd Dec 2018 I completed CEL’s online Appeals Form (see appendix 3 for a saved copy of the submitted form - ATTACHED TO THIS POST). CEL responded (see appendix 4) but failed to answer any question, stating that GDPR prevented them from doing so. B. On the 14th Aug 2019 I sent them a CPR 31.14 Request letter (see appendix 5). CEL did not respond. 3. According to Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, only signage older than 10 years is deemed as having consent granted. CEL has changed its signage 3 times within the last 10 years, which can be clearly seen from Google Street mapping images: A. 2018 – Present: Signage stating 1hr free parking (appendix 6a) B. 2012 – 2017: Signage stating 3hr free parking (appendix 6b) C. 2008 – 2012: Signage stating 2hr free parking (appendix 6c) CEL’s current signage was installed at some point during 2018 but according to Stockport Council’s online planning applications search system no planning permission was granted. I believe the signage has therefore been erected illegally, which makes it impossible to enter into a contract with them. 4. CEL has also added legal costs to their claim, which is not recoverable within the Small Claims Court. I believe that the following facts stated in this Witness Statement are true. Have I made a complete balls-up of this or am I going in the right direction? I thought it might work in my favour if I try to show the judge that I made every reasonable effort to resolve this without going to court but CEL purposely make appeals as difficult as possible. Perhaps none of that matters. Not sure. Appeal Text.pdf
  13. I'm sorry to ask but is there a template witness statement or any examples somewhere on here that I can use? Not exactly sure where to begin?
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