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Dodiqq

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About Dodiqq

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  1. Hello, long time no see. The house Vendor still hasn't got papers so I may have some extra time, woop woop, keeping strong. A small update, Northampton CCBC has transferred the file but not confirmed fees paid and following a lot of emails and phone calls and pleas (what a mess), I had my local county court confirm they have now forwarded this to admin team (I was promised an initial view of n244 by Judge this Friday, with dates of hearings shortly forthcoming, will just have to wait and see). Meanwhile, I have written to newlyn plc requesting further information explaining fees etc. and I don't think they will get back to me. I was going to send the attached complaint + SAR, as the civic advice solicitor told me nothing should stop me from reporting them to police as fraudsters anyhow, just not do it if they can help my case (once opened). So I was going to send the attached in a week or so when I know where I stand ( I can also send a SAR request separately now). What do you guys think? I wasn't going to complain about the particular breaches of codes to the Credit Service Association until further down the line when I get any replies from Action Fraud. Thank you newlyn complaint-01.pdf
  2. ( As to claiming your own costs idea, if you're not honest in the pre-court period in line with pre-action protocol that is going to turn against you. Also do not count you will remember all that in X months time - get it out of the way, sounds like an simple solution) Interesting . Curious to know on what basis did DVLA share the data, must have been mid-transfer…. As brassnecked said. Act but don't panic.
  3. Wait didn't you say that you sold the car before the incident happened? That should do the job (although they will bully the next owner), if you are kind-hearted, I would go to that pub and talk anyways for both of your sakes. Just tell the person you sold the car to about this so they don't park it there again. If you want to write something, this should be addressed to Parking eye as Creditor NOT DEBT COLLECTION and keep a record of posting, and a signed for delivery and a copy of what you sent, should they ever want to escalate it. Just be careful what you write.
  4. Were you a customer of the pub at the time? go to the pub owner and ask if they are the land owners of the area mentioned in the ticket. If they are, say you don't remember who parked there but surely they must have forgotten to sign in with them. Tell them in a nice jolly conversation some complement and how you'd not want this incident to prevent you from visiting them in the future. See if they could kindly ask them to cancel it if they aren't authorised to bring this claim to the court in the pub owner's name. Kind chat goes a long way. Reason why I am suggesting this is because these parking management contract often have a clause allowing the land owner to cancel this upon request - this is in interest of for example retail sites like supermarket car parks where customer service is of essence. After all they don't want a 1* review on Google. (but don't tell them that!) If verbal request is not sufficient, you can do one in writing so there is a paper trail. Come back if you need to write that. Most important DO NOT SAY WHO THE DRIVER IS.
  5. Are you saying brassnecked they were just being nice not to come as bailiffs xD
  6. I understand what you mean. The Final notice letters are from Newlyn Debt collection Ltd and the statement of account after I've paid s by Newlyn Plc. "A better practice would be expected of Newlyn Debt Collection Ltd, which should adhere to the Code of Practice the Credit Service Association. "
  7. Thank you DX. Although I'm not sure what are you exactly saying, is the below what you meant? 6.0 I also request the return of the £359.53 payment made under duress to Newlyn's Debt Collection Ltd. In order to enforce a County Court Judgement, Creditor is required to follow rules under CPR Part 70. Newlyn Collection Plus Ltd., instructed by Claimant, proved no legal right to add a sum of £100 to the Default Judgment, they were not operating as bailiffs. Should a bailiff company be involved, an appropriate Notice of Enforcement should be served. I plead to the Court to note that the above action I believe is highly unlawful, possibly in contempt of a Court Judgement and maybe even a case of extorsion under the Theft Act 1968.
  8. 191014_witness statement_v07SIMPLE.pdf Ok one document. Is this enough ?
  9. Well given that CPR 16 1 (a) requires (a) a concise statement of the facts on which the claimant relies; subsequently Part 22 requires particulars of claim to be verified by a statement of truth,, I hope this will get struck out the moment I prove different location. http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.4
  10. Thanks DX, just a question why are you referring to the Formal Demand Letter as Notice to Keeper? It doesn't mention a specific location (just Farnborough Central) and therefore it is not a Notice to Keeper...… or are we leaving this for later to dispute later as another point? Thanks Ericsbrother, how do I find these cases? I wouldn't know where to start...I don't have access to any legal sites.
  11. Thanks Erics - The parking was not offered by the ways of signage, the Claim Particulars refer to a breach of contract communicated by signage. In the draft defence I am referring to photos of the Kestrel Street, where the car was parked (and where they may have a contract with client), and where the signage "contract" was not visible to the driver. - I don't know if they do/don't have a contract for this road and I cannot say something I don't know. I am just saying that if they claim the client is Farnborough Park, it was confirmed by facilties manager Kestrel Rd is outside of their management. But that's a side track. - I would like to avoid anything that would insinuate I had a conversation with the Claimant or Gladstones (the Demand letter of August 2018 is to my address no.1 where I lived till 1st July, and court claim form was sent to Address no.2 . I had refused liability for the incident as specified in Gladstones letter of 20th December in my letter of January and subsequently February (but I dont have copies other than one I attached in documents pdf submitted in Page 1 thread ) and updated them with my new address no.2 but after I rejected and rejected they clearly didn't give up even after I moved houses to my current address
  12. I think the building at the back with fence and the surface of the road not marked in bays clearly gives it away as Kestrel Road, parallel to Merlin Road (and not in Farnborough Park management) Sounds like I will have to insert the confirmation from the facilities manager if it is still confusing. I have anonymised the road I thought that was required - I have submitted the original in documents. The principle is the same.
  13. Thanks for reply! This is the content of exhibits with photos and location, the rest of the documents is as per submitted post on Page of 1 of the thread. Exhibits - anonim_compressed.pdf I know it's "by the way" but I hope to discourage the Claimant for pursuing it AND I just need more reason for court to strike it out NOT JUST SET ASIDE - I AM RACING AGAINST TIME HERE! Well, I can give a detailed explanation of this in witness statement to give a bit of context and a I can make a briefer one in defence. When you say, give it all, does it mean I should include the email from the facilities manager saying it is not in their management or not? Sounds like a sidetrack.
  14. OK can we tackle this one by one then please. I will please need some guidance here as have never filed such form, I'm sorry DRAFT ORDER 01. Item no. 1 - retain "struck out or heard at re-hearing" or delete the struck out? 02 . Item no. 4 - should this be included? or how else to write it? In Witness statement I am saying I am XXXX XXXX, of MY ADDRESS NO.3 and I am the Defendant in this matter. This my Witness Statement in support of my application dated XX November 2019 to: 1.Set aside the Default Judgement dated 14 August 2019 as I was not properly served at my current address and I am given leave to file a defence, copy of which is attached to the application. 2. Order for the original claim to be dismissed or Set Aside to be re-heard at a new hearing; on the basis that the Defendant has a reasonable defence. 3. Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee and refund of any illegal fees paid by Defendant to Newlyn Debt Collection Ltd pursuant to the Default County Court Judgment of 14th August 2019 and reasonable Defendant’s costs required to set aside the Default Judgment 03. Are points 1-3 to be repeated exactly in the Draft Order? I have deleted some information and make it clearer, but now I really don't know what more to do. Spent the evening putting the Exhibits together. Please? Another question as to whether the initial Formal Demand Letter issued to previous address ma question how I got my hands on it in the first place.... I really am anxious to send this as this prolonged stress really impacts on my well-being. If I can submit end of today that would give enough time to get it to court on time Friday & process. Any final comments? 191014_witness statement_v06.pdfDraft Defencev4.pdf
  15. I'm confused Honeybee. The witness statement is to ask why I didn't respond to court documents, is it not? The defence is what I would have submitted as defence to the Claim Particulars should I have been given the chance? I cannot submit a defence without seeing the documents supporting the claim. I have therefore, in the previous version of the Draft Defence stated that "2.1.3 Consequently, any correspondence from the Claimant or Claimant’s Agents would be misleading, resulting in procedural impropriety. 2.1.4 Consequentially, any evidence that Claimant may have of the vehicle registration XXXXX would not be in support of the Claim Particulars." I'm at the stage when I need to submit the N244 ASAP, and aim for a strike out to get my best shot to get a mortgage in time.
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