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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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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.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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HELP PLEASE!!Equita and Council tax arrears


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Hi Sorry if I'm repeating things but had a look through some previous threads re above and nothing seemed relevant to my case.

 

I was in arrears for council tax for a previous address. I received a letter from Equita and promply called them to arrange something. It had been passed to one of their bailiffs so I called him directly. He advised he had noticed vehicles on the drive so I replied with they are on finance and that he then wanted to remove property. I told him he was not able to gain entry to my home unless I let him in and he agreed! A repayment plan was then set up. Payments were made by his mobile number. I then called him one month but did not get a call back and unfortunately for me I forgot about it (young baby work etc!! no excuses I know!lol). I then was 'reminded' by removal notices. I again called the main office and was told it was with the bailiff. A different one this time! A message was left on her mobile. I then returned home one afternoon to be met with a removal notice and seizure of inventory of goods, noting one item the car.(on finance!)

I called the bailiff (which I now know not to do!!) I basically told her she had no right to enter my home, I had not signed anything and had never let anyone into the home previously! She bascially argued with me that she did have the right and had been doing it for 10 years and knew her job and that as it had gone through the court ( i am not aware of this?) she had every right to enter and seize goods! I have a young baby and this is very distressing so please any help would be appreciated as to my rights in all this!

 

ps I called the council to see if payments can be made direct but they said unable to do so as had been passed on!

 

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It never ceases to amaze me the bullshine that bailiffs come out with.Entry can only be gained peacefully through an open door or window, just because you phoned her does not imply peacefull entry.Provided she has not entered the property you are safe enough. As for paying the council directly most,if not all, have online systems for paying by credit or debit card so, if possible I would advise you to do that using your old address reference number and following through with a letter to the council to let them know what you have done, as the payments may be credited against the account of the people occupying your old property. Someone with more knowledge will be along to link to various letters that you can hand to the bailiff should she call again. Just remember to talk to her through the letter box or partially open window.You also need to find out what charges were added by equita as they are well known for thinking of a number and doubling it in the hope that they are dealing with a gullible person.icon12.gif

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Hi Sorry if I'm repeating things but had a look through some previous threads re above and nothing seemed relevant to my case.

 

I was in arrears for council tax for a previous address. I received a letter from Equita and promply called them to arrange something. It had been passed to one of their bailiffs so I called him directly. He advised he had noticed vehicles on the drive so I replied with they are on finance and that he then wanted to remove property. I told him he was not able to gain entry to my home unless I let him in and he agreed! A repayment plan was then set up. Payments were made by his mobile number. I then called him one month but did not get a call back and unfortunately for me I forgot about it (young baby work etc!! no excuses I know!lol). I then was 'reminded' by removal notices. I again called the main office and was told it was with the bailiff. A different one this time! A message was left on her mobile. I then returned home one afternoon to be met with a removal notice and seizure of inventory of goods, noting one item the car.(on finance!)

I called the bailiff (which I now know not to do!!) I basically told her she had no right to enter my home, I had not signed anything and had never let anyone into the home previously! She bascially argued with me that she did have the right and had been doing it for 10 years and knew her job and that as it had gone through the court ( i am not aware of this?) she had every right to enter and seize goods! I have a young baby and this is very distressing so please any help would be appreciated as to my rights in all this!

 

ps I called the council to see if payments can be made direct but they said unable to do so as had been passed on!

 

Thanks

 

I would advise you to check with the council whether the bailiffs have passed on your payments, especially the first bailiff, who seems to have disappeared.

 

Also, remember that the bailiffs, as they have not gained entry, can only charge you £24 for their first visit and £18 for a second visit. NOTHING MORE! Did they post their correspondence to you or did they visit? If they posted it they cannot charge you for it as it does not constitute a 'visit'.

 

Pay the council direct and tell them you are doing so. Do it by cheque or standing order (not direct direct, as they can change a DD without your permission).

 

If the bailiffs have overcharged you, do not pay a single penny of their charges. If they have tried to cheat you, they have lost all moral right to expect anything from you and they are not going to want to advertise the fact in front of a judge.

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