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  1. Im preparing a defence for a similar case at the minute. Could you explain how i could use the signage argument in my defence pls. Thanks!
  2. 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.
  3. Defence Secretary extends housing offer to veterans READ MORE HERE: https://www.gov.uk/government/news/defence-secretary-extends-housing-offer-to-veterans
  4. I issued a claim through the newer moneyclaims.service.gov.uk and have received a full defence. I now log in and it states that I can ''request a County Court Judgement as there has been no response by the deadline'' even though I have received an email from them stating the defendant has filed their defence and it is attached to the email, albeit on the last day I believe of the allocated time allowed. Is this a glitch in the website? Secondly, can someone please help as to the next step as I am not sure if I have to offer anything in response to the defence. I have attached the defence below - as you can see, my claim is against someone who hit my car and then denied doing so. I have a witness who saw the individual damage my vehicle and reported it to me. I went through the process of trying to claim on their insurance, but all liability was denied, as per below also. I am doing this in person, where as they have a solicitor provided for them via the insurance company. My questions are these - please help, I need your help if possible! 1 - Do I have to reply to the counter-schedule (or any reply as such) as suggested within 14 days with photos/documents etc, or can I just complete the required n180 by the required date? 2 - Is it best to reply to the defence below, and if so, what do I reply with? Does anyone have a sample draft that I could use that would help? Is it best not to reply to it? 3 - What is the best course of action from here on? Many thanks in advance.
  5. I had been given a PCN by Park Watch / Defence Systems in June for wheels over the line in a parking bay - £50 going to £100 if appeal fails. I appealed to POPLA, it was rejected so £100 charge stood. I paid £100 in october but they referred my case to Debt Recovery plus because they said the payment was late. The charge is now £160!! Even though I've paid £100...don't understand. I've emailed them and spoken to them and they're just bullying me and threatenign court action. I can't sleep with worry but I've paid £100 after being threatened and now they want more!! Surely this is not right in the eyes of the law??? I've seen some other threads about court summons and wondered the outcomes.
  6. Hi All, I'm hoping that someone will be able to guide me through defending the following claim. I have taken a note of the subject information requirements before posting and I believe I've got them listed out correctly, here goes: Name of Claimant: Defence Systems Ltd T/A Park Watch Address for sending documents: Gladstones Solicitors Ltd Date of Issue: 15 June 2016 Timeline: 4 July 2016 (to acknowledge) + 14 Days (to submit defence) = 18 July 2016 Particulars of Claim: Date – 03/08/2015 – Description – Car Registration number/Parking charge notice Ref – Amount - £150.00 – Due Date – 31/08/2015 – Total Due - £150.00. And The Clamant Claims: The claimant claims the sum of £159.48 for parking charges and indemnity costs if applicable including £9.48 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to 14/06/2016. Same rate to Judgement or (sooner) payment. Daily rate to judgement £0.03. Total debt and interest £159.48. Amount claimed = £159.48 Court Fee = £25.00 Legal Rep Costs = £50.00 Total Amount = £234.48 The description reference referred to in their claim relates to ‘stopping in a no stopping area’. I have been contacted by three companies so far regarding this matter. Park Watch (a division of Defence Systems Ltd the ‘Claimant’) on 10 August 2015 (this letter included a photo image of the car in the no stopping area although there is no time stamp displayed on it) and again on 7 September 2015. Then I was contacted by a company called Debt Recovery Plus Ltd on 21 October 2015, 05 November 2015, 20 November 2015, 22 January 2016 and 08 February 2016. Then Gladstones Solicitors wrote to me on 22 March 2016 and then their letter before claim on 06 May 2016. None of the above correspondence gave notice of assignment. However, I have acknowledged service and indicated that I intend to defend. On the day of the alleged offence I had stopped the car outside the front of One Stop Shopping Centre (Perry Barr, Birmingham) to allow my other half to use their toilet facilities. The Mrs is registered disabled and has a blue badge, which was displayed in the car as I waited. I believe I was waiting for about 10 minutes for the Mrs to return. I have since been back to One Stop Shopping Centre and taken a photo of the sign and without zooming in with the camera or photo graph software, the contracting part of the sign cannot be easily read. It was noted that the sign used by Defence Systems Ltd to contract with consumers is about two and a half meters off the ground on a lamp post and on the left of the road. The sign cannot be seen from the driving seat, if your vehicle is right hand drive as mine is. Therefore, I can state that I did not read the sign or knew of its contractual element at the time the car stopped in front of the shopping centre. The sign reads: Park Watch Access Notice Bus Access Only No Unauthorised Access at Any Time Contractual Agreement This Land is Private Property and is managed by Park Watch If you enter this area contravening the above terms and conditions You are contractually agreeing to pay a parking charge to the sum of £100.00 (or the reduced sum of £60.00 if the payment is made within 14 days) should the parking charge remain unpaid you will incur additional costs as a result of further action taken against you Vehicles will be captured on camera the details of the registered owner may be acquired from the DVLA the registered owner will then be notified by post of the issue of this parking charge do not enter this area unless you agree to the above contractual charges Creidt/debit card charges apply, parking control and enforcement action may take place at any time Park Watch and their client accept no responsibility for loss or damage to cars of the contents thereof unless such a loss or damage is caused by negligence of Park Watch. Park Watch is soley responsible for providing space maximisation and is not responsible in any way for the car parks service
  7. Hello everyone Firstly, a huge thank you to all the incredible volunteers that are helping us to beat these disgraceful companies, that are causing misery to so many innocent and decent human beings ;-) I thought I could do this myself but now I realise I need help! I will put as much relevant info below that will help any volunteer that is willing and able to help me win this. As the registered keeper of the vehicle in question, I too received a county court claim from Civil Enforcement Ltd (CEL) for an alleged parking violation. Following advice from other threads, I have completed the following...on the MCOL website, it has been acknowledged and box ticked wishing to defend in full (defence box left blank!). Now preparing to submit keeper defence. Details as follows: CCBC ISSUE DATE: 17 Oct 2018 Particulars of Claim state the following (exact) words: Claim for monies relating to a Parking Charge for parking in a private car park managed by the Claimant in breach of the terms + conditions (T+Cs). Drivers are allowed to park in accordance with T+Cs of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering + exiting the site. Debt + damages claimed the sum of 236.00 Violation date: 01/12/2017 Time in: 13:44 Time out 14:59 PCN ref: XXXXXXXXXXXXX Car Park: XXXXXXXXX Total due: 236.00 The Claimant claims the sum of 252.50 for monies relating to a parking charge per above including 16.50 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to 16/10/18 Same rate to Judgment or (sooner) payment Daily rate to Judgment – 0.05 Total debt and interest due 252.50 Amount claimed 252.50 Court Fee 25.00 Legal representatives costs 50 Total amount 327.50 I have digital copies of all correspondence available (with personal info removed), if required. Regarding the alleged parking violation, details as follows: Incident Date: 01/12/2017 PCN Issue Date: 21/02/2018 Maximum 60mins free parking (Burger King Car Park) Alleged parking violation: Overstay 14mins and 20 secs The defendant does not recall who was driving the vehicle during the alleged incident, as there is more than one person authorised and insured to drive the vehicle (e.g. spouse). The driver may have spent time looking for a space/queuing to exit car park, and/or may have visited the car park twice. The ANPR has only recorded the vehicle entering and exiting, it is not an indicator of the length of time parked. The charge is obviously predatory and not based on any legitimate interest or commercial justification. The alleged violation occurred in Dec 2017. Upon receipt of the claim, the defendant has visited the car park to personally inspect the site and gather supporting evidence (photos available). Upon entry into the car park, there is a sign that says "Maximum Parking Terms Apply - see car park signs for T & Cs". This sign is placed at 90 degrees to the LEFT of a driver that enters the car park. There is no information on this sign that says there is a £100 charge for breaching any terms. When you enter the car park, there are signs placed high on the surrounding walls that state "60 MINS MAXIMUM STAY" and immediately underneath this sentence, in tiny font on a white background "If you breach any of these terms you will be charged £100". Drivers can only read this sign once they have entered the car park, exited their vehicle and stood directly in front of the sign". From the photographic evidence that the defendant has obtained, there is indication that a previous sign had been in place in the actual car park, as there are adhesive marks left on the brick wall where a sign has since been removed. The defendant also believes the signs that are currently in place may not have been the same ones at the time of the alleged incident. Indeed a quick Google Maps check shows that the entry sign now has an additional 'Data Protection Info' sign that was previously not there a few months ago. In February 2018 when the defendant originally received the PCN (the alleged incident occurred 01 Dec 2017), the defendant assumed that they should ignore what appeared to be a speculative invoice from a private firm, and dismissed them as fraudulent claims. Having re-read the correspondence upon receiving the court claim, the defendant has noted the absence to any reference of keeper liability, 'Notice to Keeper, POFA2012, but assumes that the claimant should adhere to POFA if they are claiming against the registered keeper? PLEASE can someone with experience of this review my draft defence before I submit it, so I can get move on with my LIFE! Also, please can you advise if I should include any other information (e.g. digital copies of photos, letters, etc). Many thanks to you all! Draft (keeper) defence as follows: DEFENCE ________________________________________ [removed - dx] ============= Note: I have not received any response to my SAR or CPR request. I did however receive a reply back from the DVLA. ============== Is my defence too long? Too short? Missing any other important information? Eternally grateful for any constructive criticism.... For anyone else reading this post in a similar situation, I have been given the following helpful advice from another forum user: [removed - dx] Good luck to everyone out there that is also fighting these cowards!
  8. Having read this forum and had a pretty good solicitor in a recent case, I have cobbled together what I perceive quite a nice defence, if anyone is interested. Obviously people would need to tailor to their own needs. Just really mentioning this to give something back to an excelllent forum and Dx100 help. shall I post it up? It does not include which I have read here recently.: 1) Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009) 2) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. The only issue I have is that I have used a few times and I dont want a judge to think I just copied a template off the internet. I would be happier to give it to MODS for them to give it to trusted / known posters? Am happy to PM someone if they wanted to "disguise" it.
  9. Horizon Parking issued a claim - my initial defence was that I had insufficient information from them to confirm or deny the claim and that I had sent them a Subject Access Request. Got a reminder from the court about a more detailed defence, so using the SAR, I completed and filed the following defence: DEFENCE OF CLAIM BY ORDER OF DISTRICT JUDGE xxx DATED 20 JUNE 2018 1. I have received a copy of the Subject Access Request from Horizon Parking Limited and the paperwork includes parking charge notices and reminders from Horizon Parking Limited. 2. I have not received any evidence of a contract between Horizon Parking Limited and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. In the absence of such proof, I would contend that Horizon Parking Limited have no authority to issue parking charge notices. 3. I have not received any proof of planning permission granted for signage, etc under the Town and Country Planning Act 2007, which puts into question any authority Horizon Parking Limited may have to issue or attempt to enforce parking charge notices. 4. I have not received details of any damages and indemnity costs added to the claim, specifically, the date they were levied, the amount of the charges, a detailed financial breakdown of how the charges were calculated, and what the charges cover. This means that even if the Claimant could demonstrate their authority to issue a parking charge notice, the overall amounts being claimed would be in dispute. 5. The signage in the car park is vague – it states: “Parking limited to 2.5 hours” but there is no mention of any penalties for exceeding this time limit. 6. The signage states in small print at the bottom: “If the driver of the vehicle fails to adhere to the terms and conditions of parking, a parking charge notice will be issued.” There are no terms and conditions readily available despite my request from the Claimant. 7. I contend that until such time as the Claimant discloses material which unequivocally justifies an entitlement to the sum of money claimed, it is impossible for the Claimant to show and for the Court to determine that money is owed to the Claimant. I believe that the facts stated in this defence are true. I thought this would be sufficient, but have just received a general order of judgement saying my defence has been struck out because it doesn't adhere to CPR 16.5 I phoned the court and they couldn't advise, so I would like to know what options may be open to me: 1. Can I appeal? 2. Can I submit a revised defence 3. Can I negotiate a payment plan with Horizon to prevent judgement being entered? 4. Anything else?
  10. Potential phishing impersonating Ministry of Defence READ MORE HERE: https://www.gov.uk/government/news/potential-phishing-[problem]-impersonating-ministry-of-defence Shortened URL to the same article: https://tinyurl.com/y9fw49nf
  11. Hi, I am being taken to court by IND/Welcome they issued a Claimform I have replied stating that as far as I was concerned the loan was repaid! Here is my defence, and I'd like your opinion; * In 2010 I recieved a cheque from welcome for about £3,000 for mis-selling of PPI, if the loan still had an outstanding amount, why did they not use this toward the repayment of the loan, as my other Credit cards had? * At the time, and months afterwards my credit file showed all the loans I had with welcome were "Settled". * I recieved sometime afterwards (about a year) a letter saying that I owed £5,900 (approx), i wrote back requesting a wriiten copy of the Credit Agreement, which they never replied to, however I do not have proof of posting! They are disputing this and say I owe the money (I did have this loan with them), and have now added another £1,700 to the loan and more charges, making my loan owing to over £8,000!!! they have written to the Court asking this to be heard, and I think they are going to really fight this, whats your opinion, and what can I do! I don't want another CCJ, as I have just cleared my final one, i am also not in a position to pay this. I did think this loan was cleared as after receiving the payout, i heared nothing for a couple of years.
  12. Just after a bit of advice. I have successfully defended a claim brought against me and at the end of the hearing I asked the Judge if I could submit financials for consideration. I was told I could claim £45 for a half day hearing attendance but no more. The case has actually cost me £1200 to defend (time off work, mileage, parking etc) which is of course a tad annoying. Seems unfair that I can be dragged through the civil legal system, win the case and be out of pocket. Is this normal?
  13. Defence Secretary announces massive £2.5bn investment in UK nuclear submarines READ MORE HERE: https://www.gov.uk/government/news/defence-secretary-announces-massive-25bn-investment-in-uk-nuclear-submarines
  14. £800 million agreed for defence READ MORE HERE: https://www.gov.uk/government/news/800-million-agreed-for-defence
  15. General Sir Nick Carter appointed new Chief of the Defence Staff READ MORE HERE: https://www.gov.uk/government/news/general-sir-nick-carter-appointed-new-chief-of-the-defence-staff
  16. Hi please can you help me, I have received a court claim from Arrow from Northampton Court, for the claim of £4900, issued 8 days ago was a bank loan issued opened up in 1998, , last know payment was 2008/9. I have not acknowledged this debt, or any comms from me to Arrow I have filed online that I will contest this claim, hopefully on Limitation Act 1980 can I now send off a CPR18 request to their solicitor ? what is should I be asking for in the CPR 18 ? All of the below 5 details ? 1.The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. 2.The deed of assignment 3.The notice of assignment 4.The default warning letter 5.The default notice (CPR 31.14 Request only worth doing if debt is over 10k. I may have this totally wrong..) I have read that some people think that a CC Agreement request letter is not really useful (sorry, I cannot remember their reasons for stating this) Is it worth it your opinion to request CCA from the DCA? shall I ring up my old bank and ask them for the last payment date ? thanks for all help in advance
  17. Defence Minister outlines expanded mental health provision for Armed Forces and veterans READ MORE HERE: https://www.gov.uk/government/news/defence-minister-outlines-expanded-mental-health-provision-for-armed-forces-and-veterans
  18. Hi If a case has been issued using part 8, but a court rules part 8 is not suitable and that it should go onto part 7. The party has paid a fee on Part 8 that is substantially lower then it would be on a part 7 claim (4.5% of the amount claimed as its a large amount) Should the court be asked that the claimant pay the correct fee. ( An order has been produced which makes no mention of the fee) Is it worth bringing it to the courts attention, ? Any suggestions welcome
  19. Evening, I am seeking some thoughts from more learned individuals. I received a Claim Form end of Dec 2017 for an old WF debt and subsequently entered my defence on MCOL. This was on the 5 January. Since then I have received nothing further to my formal requests for additional information surrounding claim aside from two chaser letters from Cabot's solicitors detailing their 'client wish to settle out of court' and then '14 days to negotiate settlement otherwise instructions from Cabot to lift stay'. Called the court today and was advised that Cabot / their solicitors had attempted to amend the particulars of the claims on the 11 February but this was denied as they did not pay the fee. Their last letter to me dated 5 March is as above on the 14 days. I'm tempted to actually have the claim struck out as the claim remains stayed open ended. Has this happened to anyone before ? Thanks
  20. Defence Secretary reviews tax on Armed Forces in Scotland READ MORE HERE: https://www.gov.uk/government/news/defence-secretary-reviews-tax-on-armed-forces-in-scotland
  21. F-35 jet cleared for Carrier take-off, Defence Minister tells Select Committee READ MORE HERE: https://www.gov.uk/government/news/f-35-jet-and-new-batch-of-uk-pilots-cleared-for-carrier-take-off-defence-minister-tells-select-committee
  22. Hi everyone, I was away a few weeks ago when I came back there was a claim form from Lowells. It is about a Capital One debt that is not statute barred. I quickly sent the 'acknowledgement of service' but now I am running out of time to do anything. The deadline for submitting the defence is next week. Someone has advised me to ring Lowells and try to arrange a payment plan, but that I would still probably end up with a CCJ. Other have said I should defend, but I don't know on what basis. I did request a copy of the credit agreement from Capital One a few years ago and they sent a reconstituted credit agreement, which I still have. What would you do in my position? Thanks for any advice at all.
  23. Concerning the issue of whether we are a casual worker or a an employee there is many criteria to consider for example the time we work for the employer, our skills, whether he employs us only in case of shortage or during peak time or he uses us in the normal running of our business...etc. However I would like to know if the conclusive evidence is not when the P45 has been issued because if it has been issued one year after the start of employment this means that we are now an employee. It is up to the employer to decide if he need us anymore or nor and as a consequence if he send us our P45 or not. If the employer decides because it is not convenient for him not to issue a P45 at the end of each project we could be consider as an employee There is also the issue of HMRC and in order the employer not to pay tax maybe a worker has to work only for a small period of time and not come back for a long time There is also the issue of the difference between temporary employee and a casual worker
  24. How to make a complaint to Defence Business Services READ MORE HERE: https://www.gov.uk/government/publications/how-to-make-a-complaint-to-defence-business-services
  25. Defence Secretary announces Armed Forces Covenant and Veterans Board READ MORE HERE: https://www.gov.uk/government/news/defence-secretary-announces-armed-forces-covenant-and-veterans-board Mmm which Veterans Board are they on about? (or is this the Board that deals with veterans appeals)
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