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MikeebEos

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About MikeebEos

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  1. HI Mitm, Many thanks for your comprehensive overview, I appreciate your advice and concerns regarding following this route. I will see how I go - I will let you know the outcome
  2. No slanging match ere.. I think dx thought i was just causing trouble for the fun of it and got my questions from the foil hat brigade.. I am really interested in law and find it fascinating... i really should have followed this path for a career.... too old now.... Mitm - I appreciate your time and advice, you obviously know your stuff. My main aim / question is how or when do i put these questions to the claiment. Do i need to do anything b4 i attend court for the management hearing?
  3. Ha ha - just had to look up what FTP mr brandt meant... Yeah, FTP No, im not an expert lawyer and I dont play golf... does that mean I cannot use what they do? I came here in the hope of maybe getting a renegade lawyer that may want to help a LIP or advise me how to play the game... Dont know why they are after me - it is just a money grabbing scheme anyway - who cares if it is lawful or morally correct. They are just crunching the numbers and I am just another brick in the wall...
  4. WTF !!! Don't know what you are talking about !! I think it is you who are talking twaddle... the questions i raised are legitimate questions raised by expert lawyers I am looking for good advice on the correct legal process... so no i am not just going to roll over - the law is a there for the benefit of all parties. If we all had your deluded, spineless acceptance of authority - we might as well pack our bags and move to North Korea
  5. Hi Man in the middle, Thanks for your response. Yes, I have provided my section 172, and was then provided with a witness statement from the camera officer - which also says in his statement that "I was, was not" speeding??? Obviously when he cut and pasted the statement he forgot to cross out which one... The photograph provided was just of my number plate They did not offer a speed awareness course I remember seeing the speed van at the time far out into the distance, I remember looking at my speedometer and thinking "good job i wasnt speeding" there was a car who had passed me minutes earlier that was speeding. Surely the "burden of proof" does not fall on my shoulders (Innocent until proven guilty)... they are taking me to court - therefore they have to prove beyond all reasonable doubt that it was me and their evidence is watertight. The burden of proof is upon them - so I am putting them to proof... I have some questions that need answering. Was the camera calibrated properly? Do they have proof that it was tested before set up as should be? etc etc My main concern / question is this... Officers are not allowed to just aim the camera's from car to car in the hope they catch a speeding motorist. They have to have "PRIOR" opinion that i was speeding before aiming the camera at the car. I was so far away I do not believe for one minute that the officer had prior opinion that I was speeding. The camera evidence is just used to "corroborate the officers prior opinion that a vehicle was travelling in excess of permitted speed limit" APCO code section 5 How do i get answers to these questions - or is this left for me to ask at trial?
  6. Thanks dx, Apologies as I do not fully understand.. "unless I am not in a car"?? There are no speed camera signs or any limit number signs at all on the stretch of road I was travelling and it is not a speed restriction area
  7. Yes, duel carriageway in both directions with barriered central reservation. It was the A19
  8. HI Honeybee, Thanks for responding so soon Unfortunately i have asked for any proof as i dont know how to go about it !!
  9. Hi I have to attend court in 2 weeks for a case management hearing. I was sent a speeding fine last year and I did not believe I was speeding, therefore I decided to put them to "proof". I have a few questions that I need answering regarding the case, how do I request information from the Police and when do I do this. I thought you put these questions at trial, but someone has told me I need to request this information before going to court!! I would welcome any help or advice
  10. The vehicle quoted was once mine, but I do not ever recall going to St Andrews retail park on said date. The vehicle went for scrap in 2013
  11. Hi Andyorch Here are the details as requested...... Name of the Claimant: Vehicle Control Services Ltd claimants Solicitors: BW Legal Date of issue – 28/12/2018 l Particulars of Claim: 1.The Claimants claim is for the sum of £100 being the monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) issued on 07/12/2012 (issue date) at 16:26:32 at St Andrews Retail park Anpr Vcs scheme std (60-100). The PCN relates to under registration [removed] 2.the terms of the PCN allowed the defendant 28 days from the issue date to pay the PCN but the defendant failed to do so. Despite demand having being made, the defendant has failed to settle their outstanding liability. 3.The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum a daily rate of 0.02 from 07/12/2012 to 24/12/2018 being an amount of £44.18 The Claimant also claims £54 contractual costs pursuant to PCN terms & conditions What is the value of the claim? PCN £100 interest £44.18 Contractual costs £54 Court fee Legal reps fee £50 Total = £273.18 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim - Vehicle Control Services. I have never heard of them or received any letters from them. As far as I am aware - it has all been through BW legal Were you aware the account had been assigned – did you receive a Notice of Assignment? No
  12. HI Renegadimp, Thanks for the fast response. I have logged onto MCOL and filed a defence - this is what I submitted... 1 The Claimant's claim was issued on 28/12/2018 2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £273 or any other sum, or relief of any kind is denied. I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE. Signed: Dated: They have seen my defence filed at court and that is why I am confused as to why I received a letter this morning saying they are continuing with the claim. Why would they do that if they know they wont win???
  13. HI All, I wondered if anyone can help me. I recently received a small claims court summons from BW Legal for a parking charge for £100 dated 07/12/2012. The sum they now claim has risen to £273. I did not know anything about this and have never received a parking ticket or any correspondence whatsoever. In the particulars of the claim, they refer to the PCN dated 07/12/2012 and the issue date of the claim form was 28/12/2018 I obviously thought this was a statute barred debt as 6 years have passed and filed a defence to that effect. I have now received a letter this morning stating that they are continuing with the claim? Please can someone let me know why a Legal firm would continue with a claim that is "Statute Barred" am I missing something or do they know something i dont? Why would they waste their time, my time and the courts time chasing something that they have no right or legal recourse to do so Any help or advice would be very welcome Cheers
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