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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Tilly V mortgage express repo


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What did council say Tills?

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Keep plodding through Tills,

 

oh i is plodding Tide :)

 

you're doing brilliant - ME won't be expecting you to be this organised. Spot on:grin:

 

hehe ive surprised myself on this one Tide :o focused even

 

i have everyone to thank who contributed on this thread for that.

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Don't worry about that yet hun, they'll rehouse you if & when needed.

When my kids were little, my ex had been sacked, so we were struggling (early 80's) we had to see CAB & they helped us with all our bills & mortgage payments, so we were only paying the interest for a while, then when he got another job, we were expected to pay everything up all at once, so because we just couldn't cope, & before the building society could evict us we put our house on the market, we were very lucky there 'cos we sold it within 2 weeks, so we went to the council & we got a house. So I'm absolutely positive that you'll get one, all they'll do is keep moving you up the list, so chill & take it a step at a time, we don't want you getting ill as well.

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Awww thanks jade, the trouble with housing here is it is only a small town,so not many houses to go around.No doubt something will turn up, and im starting to chill :D

like tide said im plodding along.

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Awww thanks jade, the trouble with housing here is it is only a small town,so not many houses to go around.No doubt something will turn up, and im starting to chill :D

like tide said im plodding along.

 

Tilly, i've been reading your thread everyday and for what it's worth, i think you're doing fantastically well ;-)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Awww thanks jade, the trouble with housing here is it is only a small town,so not many houses to go around.No doubt something will turn up, and im starting to chill :D

like tide said im plodding along.

 

 

When we were on housing list We were listed low priority, We had to get out of rented accom. they told us no hope. in fact one day we recieved a letter from them telling us that due to shortage of houses, our position, lack of points etc that they were removing us from list. the very next day, we had another letter from them offering us a house, which we turned down after viewing they then offered another which we are still in today. Like all big organisiations Tills right hand does not know what left hand is at. LOL so dont worry too much about where to go, they usualy find something. I have sent other info snail mail to you.

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Not sure how it works with council property round you Tills but here what you do is look at all the propery they have vacant .. they are all on a site called 'Under One Roof' and you put in a 'bid' for upto 3 properties so even if you dont have the highest points you still stand a chance of getting something :)

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Tilly

 

have you looked into selling yur house and renting it back there are scheemes you would need to look at the small print but it might be worth looking at

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Hi Tills, sounds like you're keeping busy :D it's best to explore every option, then you have all the facts and figures if you need to make a decision. Sell and rent back can be ok with private buyers - I have a friend who rents from a local chap who bought her house as an investment,(deal was done in a matter of days as he was a cash buyer) but obviously you need to get all the info.

 

Stay positive, you're doing great :)

 

Ell x

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Hi Tills, sounds like you're keeping busy :D

 

have to keep the brain cells tickaty boo :D

 

 

 

Stay positive, you're doing great :)

 

Ell x

 

Tilly

 

have you looked into selling yur house and renting it back there are scheemes you would need to look at the small print but it might be worth looking at

 

Have just spent the hour or so looking on web there are sooooooooo many :o

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Tills, have a look in your local paper somewhere around the estate agents section local developers or investors sometimes advertise there.

 

Ell x

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have had a look in the local papers Ell, still not sure, they only give you between

75% and 80% of the value, have already dropped the price so that would mean losing

another 20% 25% . will have to have a think and look at figures :confused:

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