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    • So, was there any mention of the contravention code “104 Stopping to pick up/drop off in a restricted zone.” in the contract you received? It doesn't appear in the contract that others have shared. Without this, on what authority can VCS issue the PCN?
    • ou have received a claim form.   firstly - read all the posts in this thread FIRST...   then copy this first msg to your thread - and put your answer after each question   In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us]   Name of the Claimant ? Give answer here   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Pwas issued small court claims form as the owner keeper by gladstones solicitor. Particulars of the claim: parked in breach of terms on signage ( @ location x) incurring PCN 9parking charge notice) PCN not paid in 28days. Claimant claims unpaid pcn from defendent as driver/keeper. despite demands being made defendant failed to settle outstanding liability. I was not driver. Driver is known to owner. received letters initial from UK Car park management Limited. (IPC memeber) Refused passing on driver info until they had provided all details of their right to mangage parking re contract with landlord, all images and evidence etc. This was by letter not via their appeals service. Letter was not responded to. (or refused can't remember exactly will check) details of the event. Night, signs not directly lit, small size writing poor placement. Parked on loading bay. Sign for loading bay was arguably not clearly marked, small sign high up behind the space, not visible as driving into it. floor markings under car not visible once parked, and poorly light. Private warden came, driver was by vehicle whole time, warden alerted driver to the fact they couldn't park there, driver removed the vehicle immediately on being informed of the restrictions.   What is the total value of the claim? Claimant claims £100 for PCN, £60 contractual  re Ts & Cs + £21 statutory interest.   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Received many letters most probably got one advising of a claim if not paid etc (will check)   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? address not changed since claim   Did you inform the claimant of your change of address? no address change not needed Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? No agreement (after 2007 but no agreement)   Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No   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. Claimant issued   Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? N/A   Why did you cease payments?N/A What was the date of your last payment? N/A Was there a dispute with the original creditor that remains unresolved? N/A Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? N/A     More Details:   Defence was filed with small claims court. : Defence points were, no agreement, signs not visible/readable, no opportunity for arbitration before making a claim. Their independent Appeals service (required as part of their right to access DVLA info) is not independent as it's funded by the parking company and their paid lobbying group IPC.   Claimant has sent N180 directions questionnaire.   Defendent (me) has not filled N180 yet . Not sure what to answer.
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Eversheds County Court Paperwork / **SUCCESS**


goonerhenry
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All posted, the letter and costs claim to eversheds and the pre trial check list to the courts, i will update when i receive anything.

 

Fingers crossed they'll reply its an admin error and discontinue forthwith.

 

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lets hope so, even if they dont discontinue they still haven't filed a WS or completed the pre trial check list, so they are not covering themselves in any glory with the courts

 

All of which will be ignored and they'll be given more time to do so.

Always happy to help where I can!

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Yep, hit them big!

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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sounds about right, but as they havent got a WS in yet, im expecting them to get the NOD to the courts, just in their own time!!

 

All of which will be ignored and they'll be given more time to do so.
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still no reply from eversheds, but the courts have confirmed they have received the discontinuation notice, so in the words of th woman i spoke to 'i no longer need to worry about it', well until they try and come knocking again that is!!, is it worth chasing eversheds regarding the exopenses and more importantly the letter saying they wont chase me for the money?? or should i give it a few more days??

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rec'd a letter from eversheds today thanking me for my letter and saying they have passed it to their client, how long should i wait for a response?

Edited by goonerhenry
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It depends on how much you want your other requests (apart from costs) to be met. As I understand the rules on discontinuance (and I'm learning new things every day), there is no time limit on when you can go to court to settle costs. So if they don't agree to your Bill of Costs, you can still make an application for costs.

However, I think you only have 28 days from receipt of the Notice to file an objection with the court. After that time, the Discontinuance stands with effect from the date of service (12 June in your case I think?).

If they haven't agreed in writing not to take further action or pass any debt on to a third party, then you are stuck. Personally, I wouldn't trust Arrow Global not to take any further action, but I stress that is my opinion. Another Cagger has just posted that Arrow Global have taken the claim back from Cope's, taken the claim 'in-house' and issued a statutory demand bringing with it the possibility of bankruptcy. Admittedly, I don't think that case had got to court and I would have thought that a judge would dismiss a SD if you could produce a Notice of Discontinuance for the same debt. But you would have to go through the process of getting the SD set aside. I wouldn't trust Arrow not to have another tactic up their sleeve.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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gh

 

In view of the tight timescale, it might be worth calling the solicitors to chase, rather than writing. Otherwise you could find if they reply at all, you are out of time.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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was thinking that but liked the idea of it being in writing as they could say one thing and do another, surely the courts would look at the fact that they didnt receive the NOA until last week??

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Quite true, but at least you might get an idea of what stage they are at or whether they are just dragging their heels so you run out of time.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

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:p

 

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im being fobbed off by eversheds, they are saying the person i need to speak to isnt avaliable, what am i best to do, am i best to get something in writing to them?

 

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