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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  
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Urgent Help Needed -1st Credit Statutory Demand Received **WON + COSTS **


Duffers Mum
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DM.....I can't help at the moment, but I WILL come back to you on Monday......please try and relax.....

 

Here are a few other threads for you....last week 5 caggers on here won their stat demands...!!!

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/156970-omg-connaught-first-credit.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/103839-cca-1st-credit-connaught.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/161411-off-court-within-week.html

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On your affadavit state this....

 

The alleged debt is totally disputed.

 

The statutory demand was sent by 1st/2nd class post which I believe to be an abuse of process, as according to the insolvency website it states that a claimant 'can send a statutory demand by recorded post'

 

The alleged claimant knows that the account is disputed but at no stage have they notified me that they wish to discontinue this action. A letter was sent to 1st Credit dated XXXXX (see attached form X) stating the dispute.

 

The claimant has produced no statements, no notices of assignment, no default notices and no letter before action.

 

As a lone parent/low income family with limited finances I approached a solicitor by phone and asked for an estimate on how much it would cost. I was given an estimate of 3 to 6 hours at £170 per hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

 

I therefore request on the information above the judge sets aside the demand and grant my request for costs.

 

Then DM attach a sheet headed

 

COSTS AS LITIGANT IN PERSON

 

Then for example put 10 hours reasearch into the Consumer Credit Act 1974 and the Insolvency Act @ £9.25 (this is the most you can claim)...

 

Petrol -

 

Parking -

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Submit your costs the day before the hearing by fax to the court, or send them so they arrive at the court 24 hours before the hearing...(if it gets that far).....did they take your affadavit and 'swear' you in ?

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  • 2 weeks later...

You do want to so you can ask the judge for your costs DM !!

 

And yes 24 hours before....

 

Don't forget you are disputing it not jsut for the agreement but also...

 

Non production of a default notes in the correct form

Non production of statements for the duration of the agreement (penalty charges)

Non production of notices of assignment

Abuse of process too

The fact that it is disputed and they want to continue with the action

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You're doing great DM....just be aware of your affadavit, to highlight the various points made....call the judge sir too....as we know it can depend on the judge on the day.....take all the relevant paperwork with you too....(obviously)

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If you get a good one, you'll get costs and a lashing for the DCA from the judge....if you get a not so good one, you'll get the set aside but maybe not the costs, a warning from the judge to watch out and the peering at you with a big sign over your head saying DEBTOR !!!....be firm but polite.....

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Just use the case studies, show your anger at being served with a demand whilst it is in dispute !!!....say that you think it is shocking that they are using/abusing the Insolvency Service as a tool for debt collection when it is clearly disputed.....get the judge on your side....call him 'sir' too...as I said before be polite but firm !!!

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Good luck DM....hope you get a good judge...take all your paperwork with you too...show the judge how much research you have done !! be firm but polite, and call the judge 'sir' and female judges 'madam'....

 

I think you'll be giving us some good news tommorrow....

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