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  1. Papers from SAR shows shockingly very high charges from 2009 to 2013 within period I lost my job and was struggling financially, can I seek refund from OC? Just after calling OC and asking for complaint procedure and address, I received letter stating small % of charges will be refunded but paid directly to Lowell? What's your opinion guys?
  2. Today I checked my credit file for the sheer hell of it. Personally I'm not bothered what it says as I don't borrow money. Made those mistakes years ago and now my file is at zero. However what I did find was a CCJ for £280 issued last October. Whoever the claimant was didn't write to me at my current address despite being on the electoral register and not at my previous one. They sneakily wrote to the old address so as to win by default. I have a very good idea who this, but it doesn't show on my credit file, just a claim number. I am guessing here but I think it may be a debt collector who has been harassing me for years over this alleged debt It was to Orange for a mobile contract which I had never has. ( I was the victim of ID fraud and they did other things too ). Despite many, many letters asking them for proof like the Deed of Assignment, Deed of Novation and a contract that proves I am the debtor and responsible, they have ignored me. To then sue me using an old address when they only wrote again only yesterday to my current one, I find this extremely bad practice that flies in the face of all the guidelines on debt collections. This is just spite of their behalf, nothing more. Today I wrote to that Mickey Mouse court called Northampton business centre where no judge ever sets foot and asked for the judgement to be set aside as I have not been notified and I have been denied my right to defend myself. Also I issued a counterclaim for a considerable sum as set down by a judge in a similar situation where PC World sued a man over a computer and filed an inaccurate and untruth report on his credit file. Now what will happen? Will my set aside be successful as it really is a bit cheeky to sue somebody deliberately using an old address so that you win by default. This smacks of a certain debt collector who we are all familiar with on this forum.
  3. Hi I received a county court claim from Lowell Portfoloio on 12th December 2018 regarding a debt with Vodafone, I made AOS on 18th December. POC 1) The defendant entered into an agreement with Vodafone under the account reference ******** ('the Agreement'). 2) The defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 28/02/2018 and notice was given to the Defendant. 4) Despite repeated requests for the payment, the sum of £xxxx remains due and outstanding. And the Claimant claims a) The said sum of £xxxx b) Interest pursuant to s69 county courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accusing at a daily rate of £0.251, but limited to one year, being £71.76 c) Costs I would really appreciate some advise for the next stage. Many thanks. Roland
  4. Name of the Claimant ? PRA Group Date of issue 19/12/2018 What is the claim for – 1.The claimant claims the sum of £4793.79 for an outstanding debt owed. 2.On 20.01.2005 the defendant entered into a an agreement with Barclays Bank PLC for a credit card under reference ….. 3.On the 06/05/2011 the defendant defaulted on the agreement with an outstanding balance of £5041.31. 4.On 17/08/2015 the debt of £5041.31 was assigned to PRA Group(UK) Ltd. Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925. Payments of £232.96 were received up to 20/03/20108 and adjustments have been applied in the sum of £14.56. 5.AND THE CLAIMANT CLAIMS 1. The sum of £4793.79 An Egg CC debt £4793.79 + court costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?Yes What is the total value of the claim? £5058.79 what is the claim for: egg credit card When did you enter into the original agreement before or after April 2007 ? 2005 should I request the CCA I believe they won't have a problem proofing I owe this debt? Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?No it came off about a year ago Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.Debt purchaser PRA Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes sure I did ! Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? Had a brain injury What was the date of your last payment?19/12/2018 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes How shall I defend / respond to this they seem to be using bully tactics and fishing for me to pay up the full amount which I don't have. in March last year they sent me a full and final settlement letter asking for £1680.37 I counter offered £1200 they refused it and said they would only take £1945 which is bizarre. PLEASE SEE ATTACHMENT, I questioned this on another forum and was told the wording is not right and the balance should be zero. If you have not already done so – send a CCA Request to the claimant for a copy of your agreement (except for Overdraft/ Mobile/Telephone accounts) Will Do ! Particulars of Claim An Egg CC debt £4793.79 + court costs I went into arrears in 2010 after a head injury and have been making monthly payments. Egg was bought by Barclaycard since then and then they assigned/sold the debt to the PRA group 17/08/2015. I have been paying without missing a payment but have not done their constant requests for income and expenditure. I got a letter November 13th say my account had been transferred to the investigations and litigation department which I ignored. Thanks for your help I don't have long to respond to this claim
  5. A company has been contacting me on and off for the past year claiming that I owe them money, to which I repeatedly informed them that I disagree. I heard nothing of it for several months, but today received an email from the company stating that they have a CCJ against me. I have not received a court letter nor a letter informing me of the county court judgement. At the start of September, I moved house, and informed the company of my new address. At the end of October and the start of December, my landlord informed me on both occasions that two letters had been attempted to be delivered (signature required), but my landlord was not in on either occasion and so they went back to the post office and presumably were returned to the sender. Although I thought nothing of it at the time, I now suspect these letters may have been from the court. It appears to me that the company (despite being informed of my new address) deliberately issued a claim against my old address so that they could win the judgement by default, when I inevitably did not respond to the claim I knew nothing about. I have been trying to get details of the claim all afternoon (reference number, etc), so that I can sort this out. I have tried phoning and emailing the company for the reference number, but they have not responded. I have also tried to contact the court, but they cannot confirm whether there is a CCJ against me without me providing a reference number (which I do not have). The last option would be to pay to complete a search on the online registry, which apparently should provide a reference number. I am quite concerned, not so much about the possibility of paying this money, but more about the effect that this judgement will have on my ability to obtain credit and pass pre-employment checks in the financial services industry. I would appreciate any advice on how I should proceed.
  6. I have a county court claim from Lowell Solicitors, acting for Lowell Portfolio Ltd, and would appreciate some assistance in completing the form. Many thanks
  7. Firstly thank you in advance for any help I may get from you guys!! Yesterday I received a county court claim form from Gladstones Solicitors Limited on behalf of ES Parking Enforcement Limited and genuinely this is the first I have heard of this matter. It states they are claiming: Amount Claimed: £166.18 Court Fee: £25 Legal Representatives Costs: £50.00 Total Amount: £241.18 I don't know where this has arisen from and cant recall parking where they said I had "breached their terms of parking". The actual wording is: "The Driver of the Vehicle Registration XXX XXXX (the vehicle) Incurred the parking charge(s) on 09/05/2018 for breaching the terms of parking on the land at Seymour Grove Retail Park Manchester. The Defendant was driving the vehicle and/or is the keeper of the vehicle. AND THE CLAIMANT CLAIMS £160 for parking charge(s) / Damages and Indemnity Costs if applicable, together with interest of £6.18 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to judgement at £0.04 per day." Firstly I am not the registered owner or keeper of this vehicle as the vehicle was my wife's company car and what evidence do they have that I was the driver. I am very stressed out about this as £241.18 is a lot of money to be burdened with just before Christmas and any help would be appreciated as to how I should deal with this. Feels like these cowboys can almost make charges up as they deem fit and then bully people into paying them what can only be deemed a lucrative sum. The claim form is dated the 10th December 2018 and was received on 14th December 2018.
  8. Hi CSA, I received a letter from drysdens solicitors dated 29 Nov 2018 stating the a County Court Judgement was being entered against me on behalf of Erudio Student Loans. On the 30th of November i receive a letter from the county court staing that the CCJ was entered. Both of these were sent to an old address and I received them a day after the deadline to pay it off was set- 12th December. I didnt receive any prior communication from Drysdens. I took the loan out in 1993 wiyh SLC. I deferred some years ago, cant remember exaactly how many at this point. Please could you advise and help. Many Thanks.
  9. Hi guys/gals its been awhile since I posted and needed any help so bare with me. Lowell have bought an old Vanquis debt, I have had loads of letters and ignored them, I haven't had any contact with them on the phone either so I've not acknowledged any thing. On Saturday received court papers, I have registered with money claim AOS as I want to defend. I was told about a 3 letter process to send to Lowells solicitor but don't know what the letters are. Any help greatly appreciated, thanks.
  10. I took out a money claim to recover money owed. The Defendant hired a Solicitor who sent and acknowledgement and applied for extra time, 28 days, to file a defence, I made no objection to this application and the court never put it in front of a judge for ratifying. However, 28 days later when the date specified by the Solicitor on their sample order had passed, no defence had been filed, so I applied for the judgement to be made by default as no defence has been filed. The Solicitor then called me (4 days past filing date) requesting further information so that they could begin to put together their defence... (BEGIN to??!) and I pointed out that I had already applied for Judgement as they were now out of time (CPR 12.3 (2)a "The Claimant may obtain Judgement by Default where acknowledgement of service has been filed but a defence has not been filed and the time for filing has expired). The Solicitor said that the extra 21 days dont start until they are rubber stamped by a judge. Today I received notification from the Court that the request for judgement has been returned by the judge for referral to a District Judge. So, my question is: Where extra time is requested and not challenged, is it accepted that the extra time is granted by agreement? Or can this defendant solicitor continue to delay filing until they get a rubber stamp agreeing extra time? My reading of the rules that where extra time is agreed 28 days would be given, would apply where no challenge is made to the request for extra time. How do I challenge this and stop them late filing please?
  11. Hi, guys. I really need some help! Just rceived this letter from Northampton county court bussines centre. Letter looks like its fake? No real stamp, also no signature? Can you please give some advice whay should i do? Never delt with this before...
  12. I hope for your help on how I should apply the Central London County Court to Enforce an Financial Ombudsman Final Decision using form N322A? I am a Danish pensioner, living in Denmark, on 28 March 2018 the Financial Ombudsman Service (FOS) made a Final Decision in my favor regarding my complaint against Abshire-Smith Global Ltd., 26 York Street, London W1Y 6PZ, which I accepted. However, the business has unfortunately not complied, i.e. paid me the required amount (GBP 84.833, incl. 8% interest and a GBP 750 compensation awarded by the FOS) within 28 days of me accepting the FOS Final Decision, as they were ordered to by the FOS, despite many reminders from the FOS and finally the FOS reporting the business to the Regulator (the Financial Conduct Authority), but all in vain. The FOS has therefore advised, that I can apply the County Court, nearest to the business, in order to enforce the ombudsman decision (see the attached FOS Consumer Factsheet "enforcing an ombudsman decision in court"). I therefore informed the business that I would now proceed to the County Court unless they complied with the FOS Final Decision - and thereby also saving the business the considerable court fee. However, as I did not hear from the business I sent my application by email (Enquiries.centrallondon.countycourt@justice.gov.uk) to the Central London County Court on 25 Oct. 2018, with all required documents duly completed incl. Form N322A, but less court fee (I requested the Court for information on the court fee amount and how to pay it). I received an automated reply, that I would receive a answer within 10 working days. However, 10 working days have now passed and I have not heard from the County Court, despite sending them a reminder last week. In the meantime Adam Neal, the CEO and Founder of Abshire-Smith Global, has sent me an email informing "Please note we have the option of a judicial review, which is what we are requesting". They have said this before to the FOS shortly after the FOS Final Decision, but apparently it was just a threat and I also believe they should have requested for a Judicial Review within 3-4 months of the date of the Final Decision, so it's properly another delaying tactic? I have, therefore, asked my contact person at the FOS, the Adjudicator,for information on what the Judicial Review means and how I can know if the business has actually applied for this, if the Court accepted the application, the processing time and whether I will be informed of the outcome. Apart from informing me she will inform me "shortly" I have not heard from her again in over 2 weeks, despite my reminder by email. I therefore wish to proceed to enforce my FOS Final Decision at the County Court, but how should I proceed, as they do not respond to my emails? I hope you can help me? enforcing-an-ombudsmans-decision.pdf n322a-eng.pdf
  13. Hi all, I received a County Court Claim (Northampton) 4 days ago for a couple of pre-1998 student loans that I'd successfully deferred until 2013 . My account was not in default at the time, but when Erudio took over, I decided to ignore their deferral form because of all the personal info they were demanding, and later because of all the stories I heard about their dodgy practices. long story short, I've never replied to any of their correspondence, but unfortunately I ignored a PAP from Drydens recently, and now I have a County Claim form. My address hasn't changed, but I'm guessing that they're going for a default judgement as I've never sent them anything. I intend to defend the claim, but not sure whether my ignoring their letters previously will look bad if it goes to court? Many thanks in advance for any help on this matter.
  14. Am going bonkers? Do I need a new Solicitor for legal advice? Our Neighbour has got a Court Order to reroute the easement. Fine it needed to be done to sell the property that is not the problem. The Order will help sale as it clarifies the issue. He is saying Planning is not needed to remove our Summer House or cut back trees. Our advice is Planning is needed we are in a Conservation Area or we face criminal offences so we need planning permission to cut back trees and the Summer House has Planning Permission and it needs Planning Consents for removal as it over 115 cubic meters. If we fail to apply for Planning Permission for the trees we face £20,000 fine and a criminal record. Demolition of the Summer House without Permission is up to 2 years in prison and an unlimited fine. Am I losing the plot do I need new advice? Is there anyway a District Judge Decision in a County Court could get around Statutory requirements of Planning Permissions and remove the possibility of criminal offences. Okay Planning may well be a tick box but it is not the point really especially as we selling the cottage and to protect ourselves. There is no mention of Planning Permission in The Order the Judge completely failed to take into Planning Law which is staggering in competent.
  15. Hi all As I prepare to challenge failed FOS claims I thought I would ask if anyone has done this successfully and can share their experiences and statement of truth. FOS determined that they could not handle an Amex complaint because PPI started before the regulations started, because I ticked the PPI box with Cap1 then I needed PPI, and finally currently that a PPI form Egg (Canada Square) sent them contining neither yes or no I want PPI meant that I wanted it... Finally I would like to claim for the time I have spent putting together my claim... would this be acceptable to the court??? ANY help advice would be gratefully received, thanks
  16. Guys, I am about to send defence to Northampton County Court, please I need your help. Claim issued 14/09/18, received it on 18/09/18 and acknowledged it same day on 18/09/18. I think I have till wed 17/10/18 to file my defence? Please correct me if I'm wrong. Claim is about HBOS overdraft of current account I held since 2003, I believe it's status barred judging from when it was closed... od fees was up to 100 pounds I couldn't maintain payment. I held 2 overdrawn current account but upon challenging for second account they recently sent me letter stating account closed balance is zero. If I had challenged Lowell for the one they raised claim for maybe they'd dropped it as well. But i didn't I just bin their letters as believe it's statute barred. Other points: 1, Account number they've been quoting is wrong 2, Despite signing for it and cashing statutory 1 pound, they have not responded to all my signed for letters dated 21/22 sept 18 : CCA, Cpr 31.14, etc. SAR to HBOS no reply yet many thanks for any help in advance
  17. I'm posting this on behalf of an elderly gentleman who has absolutely no computer skills. In March he received a Parking fine from Premier Park for 15mins in a local carpark. He swears the machine wasn't working on the day but has no independent witnesses. He spent 15mins looking at the instructions including when he went out of the carpark to see where the nearest phone box was. when he realised it was too far he came back and drove out. I'll attach the correspondence to this post. I helped him draft letters based on forums we'd looked at. Premier Park were useless to say the least. Unfortunately he didn't get his POPLA appeal in in time (i.e. by a few days and although POPLA state appeals might be submitted late, they don't make it easy), and there is a letter attached showing how they were less than useless with this also. We are now at the County Court stage. Is it worth fighting it further or just paying the £235? 1. the claim has been filed in Exeter and the gentleman has a heart condition so cannot travel that far, his nearest court is in Liverpool. he was served on the 3rd. does the 14days mean he can apply to change courts. 2. Is it possible to have the charge reduced? the first time Premier Park even mention checking the machine to see if it works is the their court statement, if he'd known before maybe he might have thought there was an issue with the coin and paid the original £60/£100. He's still adamant it wasn't working. 3. I didn't include the POPLA complaint form as it's the same as the original letter. Thanks in advance Popla complaint redacted 15:6.pdf Popla complaint ADR redacted 18:7.pdf Premier Park Case.pdf
  18. Hi, First of all, thank you for the support you all provide through this site. I have received a Parking Charge Notice from CPM (UK Car Park Management) for 'Unauthorised Parking' in a small car park. The bays are unmarked and the signs are barely readable attached high on the walls in small prints. I am the registered keeper but not the driver of the time. The issue date was last year June 17 and was for £100 or reduced to £60 if payed in 14 days. It was sent to me in post with two pictures of my car in the letter. The reason was 'unauthorised parking'. Since then, I received another letter called 'Formal Demand' roughly after 40 days of the first letter where it says to pay £100. Then I started receiving 3 DRP letters (2 in sept and 1 in Oct 17) asking to settle payment of £160. Following that, I received a letter from Gladstone Solicitors in Nov 17 asking me to settle payment of £160 and then another 'Letter before claim' in June 18. Taking advice from other forums, I decided ignore them and I never contacted or reply to any correspondence thinking that they will stop. Now (Sept 2018), I have received a Claim Form from County Court Business Centre, Northampton asking to pay CPM £174.67 + £25 court fee + £50 legal rep fee total of £249.67. I have kept all evidence of letters and pic of the car park including the sign they have up. I need advise on what to do next. I have read different threads and you tube videos and all saying this is fake court. The court logos are blurred out and looks like the letter has been copied. Is this a actual court? The letter contains moneyclaim.gov password. Please can you offer me advise om what to do next? I have 14 days to acknowledge of service then submit my defence. I can upload pics of letters and photos upon request. Please speak to me in layman's term as I don't fully understand the process. Questionnaire: 1 Date of the infringement - 23/06/2017 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 10/07/2017 3 Date received 13/07/2017 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] - not anywhere in the letter far as I can see 5 Is there any photographic evidence of the event? - They took two pictures of my car and printed them in the letter 6 Have you appealed? {y/n?] post up your appeal] Have you had a response? [Y/N?] post it up - I did not respond at all 7 Who is the parking company? CPM 8. Where exactly [carpark name and town] - 93-101 Greenfield Road, London For either option, does it say which appeals body they operate under. - BPA If you have received any other correspondence, please mention it here - as mentioned above Thank you in advance
  19. Followed previous advice for others in the same boat. Aos submitted on 30th. I presume ONLY 9 days left to send in defence. 1 Date of the infringement 08/10/17 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22/11/17 3 Date received Not received as was out of country. Have passport stamp as proof. 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] No 5 Is there any photographic evidence of the event? yes 6 Have you appealed? {y/n?] post up your appeal] no Have you had a response? [Y/N?] post it up No 7 Who is the parking company? VCS 8. Where exactly [carpark name and town] St Marys Gate retails park. Sheffield For either option, does it say which appeals body they operate under. IPC If you have received any other correspondence, please mention it here DRP,LBC,CC My mother was issued the second PCN on 21st Dec 17 due to non response to the first but received first week of january 18 probably due to holidays. Unfortunately she came across the letter on last date of appeal. Both my parents are elderly and classified as disabled due to their various ailments. The letter stated that she had no right of appeal but can give mitigating circumstances but before the last date. After that received a couple of debt collectors letter, LBC in July and now CC claim as mentioned above. To begin with they had idea where the location of the infraction was. As it is with some elderly people in their 80s some memory loss is inevitable. Im half their age and feel what they do. we finally figured out the area with help of this forum. They don't take the blue badge liberties for granted but in their understanding this parking area was towards a side where there was no signage. My mother requires constant attention as she is prone to falling and my father missed any signage. As per their understanding blue badge holders are given some margin. They also had their grandchildren with them at the time who are a handfull. Unfortunately my mother did suffer a nasty fall and as was incapacitated for quite a while. My father took her back home in taxi instead as the area was closed to other cars. The only witness that can attest to this is my father and probably the GP. As she has had knee and shoulder replacement done she's kept under check. My father retrieved the car according to the ANPR after a stay of 150 mins whereas the time limit was 60 mins. I came across a similar post where I understood that the PCN didn't comply with being served in time. I hope that is the case. As they themselves have stated the exact dates on the PCN. The second PCN seemed as if they wanted it to reach the very last date so that out of fear one should pay up. I now request all the gurus to guide me in drawing up a suitable defence. I hope I don't let my mother down as i took responsibility to sort it out as to be honest its just not something they could have dealt with given the situation and due to this forum I feel she has a chance. Its also ridiculously expensive for a pensioner. Thank you and hoping for a favourable reply.
  20. My son visits a local car park to pick up a manager of a local business adjacent to the car park, takes her to Bookers Cash & Carry and then brings her back to the same car park with the few items she has purchased for the business. The car park backs on to the rear entrance of her business and there is an HX Car Parking notice there which says it is OK to stay for up to 10 mins without a requirement to pay for a ticket. After one of these occasions he received a parking charge notice from HX accompanied by a photo of his car entering the car park on his first vist and another of his car leaving the car park on his second visit, total duration 79 minutes. He was only there for a few mins on the first visit and the same on the second which is within the rules stated. The charge was £120 or pay now for £60. We thought this was a simple ANPR technical error and wrote to HX stating this and advised them to re-examine their photos and find the two missing pictures of him leaving and returning which would be the solution to the issue - no response except for another letter stating that the charge had gone up to £125 (not the £120 stated?). We wrote again with the same explanation with no response except for a further letter from their solicitors (Gladstones) giving one last chance to pay the full charge. Upon research I find that HX, Gladstones and their arbitration service are all part of the same group and operating a cash generating machine. We ignored that letter and have now received a county court claim form inviting him to give a response before being taken to court. Any advice appreciated on how to proceed with this. Do I need to get him a solicitor and if so can I counter-claim for the expense? Is there any way of derailing this procedure before it reaches court?
  21. Hi there, I received a county court claim form with the date of service 19th june with no particulars of claim attached. I filed my AoS and i have been waiting for the PoC but they still haven't been filed . My defence date is tomorrow (17/07/18) so im really at a bind as what is required of me. I'm thinking i have to send in a defence but i'm not sure what to write the defence against as im sure its defending the points set out in the PoC. Its briefly outlined in the "Brief details of claim" on the front of the form but besides that...nothing. Should i write my defence up to defend against the brief details of claim? Really appreciate any help you can give me! Thank you
  22. Hi Everyone!! Please see below brief details of the case to date. In August 2017 my aunt and I had gone to visit a family friend who lived in a private apartment complex. She was the driver and is registered keeper of the vehicle. It was late at night (i.e. 10pm) and the family friend assured us that it would be fine to park our car in the private car park for the flats. When we returned to the car we noticed a parking charge notice stuck to the screen. My aunt was really disappointed as we could have easily parked on the street for free. I had once previously written to a private parking company on a 'without prejudice' basis and had offered to settle the PCN for £10. As it had worked before I thought it would work again. So I told my aunt that I'll write to them and offer to settle the PCN on her behalf. I did so but the parking company did not accept the offer and wrote back to me stating that my appeal was unsuccessful. So then I let it be. I then received a notice from them in September 2017 which I ignored. After which I received a Letter Before Claim from Gladstones Solicitors in November 2017. I responded to the LBC stating that the alleged debt is disputed and any court proceedings will be vigorously defended. I also brought to their notice that their LBC was defective and did not comply with Para 3 of the Pre-Action Protocol for Debt Claims under the Civil Procedure Rules 1998. I asked them to send me a compliant LBC. I did not receive a reply to my letter so in December 2017 - I decided to respond to their LBC online by stating that I disputed the debt as I did not want to be out of time of the 30 day reply period. I did not receive any further correspondence from Gladstones. I then received a County Court Claim Form in March 2018. I acknowledged service and then filed a defence within the time period. I then received a Notice of Proposed Allocation to the Small Claims Track at the beginning of April 2018. I then filed form N180 DQ within the time limit. I then received a Notice of Transfer of Proceedings at the end of April 2018. Finally, I received a Notice of Allocation to the Small Claims Track (Hearings) in May 2018. No date for the hearing was fixed or specified in the document. However, it did state that - "each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing within 21 days of the service of this order". As I was flying abroad the next day I was not able to send any documents to the court or the claimant. I have only returned back to the UK yesterday. I have received a witness statement from the Claimant along with Exhibits. I still have not received any further correspondence from the court regarding the date of the hearing. MY QUESTIONS: 1) Am I out of time to file a Witness Statement and other evidence? or will I have time until 14 days before the hearing date when it's fixed? 2) It appears that the Claimant is also out of time in filing their Witness Statment - the date of the letter from the court was 23 May 2018 and the letter enclosing the claimant's witness statements which I received is dated 20 June 2018. If we add 2 business days for deemed service and then add 21 days then the date by which the Claimant should have served their WS should have been 18th June 2018 Is that correct? 3) What should be my plan of action going forward? Should I serve my WS and documents regardless as the date of hearing as not yet been fixed? If so, can someone help me with drafting one? My main argument is that I was neither the driver or the registered keeper of the vehicle so that claim is against the wrong defendant. I have attached all the relevant documents and correspondence for reference. I would greatly appreciate if someone can advise me on what I should do in the current circumstances. Thanks in advance. Further documents... Further Exhibits attached to the Claimant's WS... Please see below the Defence that I had submitted: 1. The Defendant denies any liability whatsoever to the Claimant. 2. The Defendant denies being the driver and/or registered keeper of the vehicle at the time of the incident. The Defendant is not therefore liable for the claim and invites the court to give summary judgment pursuant to CPR Rule 24.2 against the Claimant as having no real prospect of success and there being no other compelling reason why the case should be disposed of at trial. 3. Notwithstanding paragraph 2 above, if the Claimant is intending to pursue this claim against the Defendant on the basis that the Defendant is the registered keeper then the Claimant has failed to show that the conditions for recovering this charge under Schedule 4 of the Protection of Freedoms Act 2012 have been met. The Defendant disputes that any of the conditions necessary for a claim to be pursued against the keeper of the vehicle have been met. 4.a) Notwithstanding paragraph 3 above, no evidence has been provided to show a valid Notice to Driver was given to the driver in accordance with Paragraph 7, Schedule 4 of the Protection of Freedoms Act 2012. 5. It is believed that the Claimant has no standing to bring this claim. The Claimant has failed to establish their legal right to bring a claim either as the landholder or the agent of the landholder. Strict proof is required that there is a chain of contracts leading from the landowner to the Claimant. Thus, the Defendant disputes that the Claimant has the authority to issue parking charges on the land in their own name and that they have any locus standi to bring this case. 6. If the driver on the date of the event was considered to be a trespasser, and not allowed to park on the land, then only the landowner can pursue a case under the tort of trespass, not the Claimant, and as the Supreme Court in the ParkingEye Ltd v Beavis [2015] UKSC 67 has stated, such a matter would be limited to the landowner themselves claiming for a nominal sum. 7. The Claimant might argue that the Supreme Court’s decision in Parking Eye v. Beavis is applicable. The Defendant will argue that the present case meets none of the conditions that the Supreme Court stated were required for a parking notice to be exempt from the well-established principle that penalty charges cannot be recovered. The main difference is that the Supreme Court determined that, in a retail park, there was a public interest in ensuring a turnover of visitors that justified a disincentive to overstay. there is clearly no such interest in a third party such as the Claimant in this case in attempting to impose conditions in a residential car park where there is no turnover of visitors and the vehicle was not parked in pay-and-display car parking. 8. The Defendant also disputes that the Claimant has incurred £50 solicitor cost and interest. The Particulars of Claim are spectacularly deficient and woefully inadequate to show a cause of action. 9. The Claimant has not complied with CPR Rule 16.4. The Particulars of Claim contains no details and fails to establish a cause of action which would enable the Defendant to prepare a specific defence. It just states “parking charges” which does not give any indication of on what basis the claim is brought. There is no information regarding why the charge arose, what the original charge was, what the alleged contract was nor anything which could be considered a fair exchange of information. The Defendant therefore asks that the court strike out the Particulars of Claim pursuant to CPR Rule 3.4(2)(a). 10. Finally the Claimant's Letter Before Claim dated 13th November 2017 did not fully comply with the Pre-Action Protocol for Debt Claims. The Defendant responded to the Letter Before Claim on 08 December 2017. However, the Claimant did not give the Defendant at least 14 days' notice of their intention to start court proceedings pursuant to paragraph 8.2 of the said Pre-Action Protocol and issued proceedings without notice. jpg2pdf.pdf
  23. Hi all, I have untill 24th July to send my defence to county court and serve copies to Gladstones, on entrance to car park there is a sign which states £1 per hour parking, it shows on my pay n display ticket that i paid £5 ( I still have original ticket),which i thought would give me 5 hours parking as needed just over 4 hours to and fro from car park, there are no other signs around car park except next to ticket machine, which shows £1 for 1 hour parking ,£2 for 2 hours parking, £3 for 3 hours parking and £4 for 4 hours parking, then jumps to £6 to park all day, but I didn't need all day parking as I said, just over 4 hours I paid £5,the ticket machine took my £5 but only allocated me 4 hours of parking, no money returned to me either, I didn't realise at that time that machine had only given me 4 hours parking, I returned to car prk to find a pcn had been put on my window for 11 minute overstay of 4 hours, the pcn says it is for breaching the terms of the contract, if I had returned by the 4 hours and paid another £1 it still would of been to the value of £5, to which I had already paid at time of parking any help would be gratefully accepted
  24. Hello About 3 years ago I had an issue with my pension provider and as a result placed an SAR with them, however they employed delay tactics and required various forms and ID documents to be completed. I know I should have done but never pursued the request. However under the new GDPR I submitted another SAR on the 30 May, recorded mail and signed for by them. They never acknowledged my request and never acknowledged a reminder I sent to them. Needless to say they have not complied. I intend to issue a claim in the County Court as well as reporting them to the ICO. I have issued a LBA informing them I will start proceedings after the 14 days of the date of my LBA and at the same time report them to the ICO. Question is, what will be the nature of the claim, I am not after the £'s, I just want the breach against them to be recorded and I want my personal data from them. Also should I report them to the ICO before pursuing a Court claim?
  25. Hi everyone I have just joined the CAG as I was told this site has helped many people in trouble am I am in trouble with Lowells for an old telecom debt, they have taken it to Northampton county court and a judgement has been passed without me knowing, want a payment of £50 commencing next what can I do about this I feel it may be too late???? Please can someone hlp me. Regards Iceblock
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