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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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Suing from England & Wales an entity in Scotland or Northern Ireland


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I suggest anybody who is in England or Wales and wishes to issue court proceedings against an entity in Scotland or Northern Ireland read the following:

CPR Part 6: PART 6 - SERVICE OF DOCUMENTS

 

CPR PD 6:

PRACTICE DIRECTION – SERVICE WITHIN THE UNITED KINGDOM

 

The form to fill in is the N510 which is located here:

http://www.hmcourts-service.gov.uk/courtfinder/forms/n510_e.pdf

 

 

There is also details about suing entities out of the UK, but that is more complex, so I suggest if somebody wishes to take such a claim they seek more in depth legal advice.

 

I am not sure what the rules are for suing from Scotland or Northern Ireland against an entity in England or Wales, details of that would be interesting and I welcome somebody to post them here.

 

Can a Mod please sticky this thread, as I think it's very important.

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I am not sure what the rules are for suing from Scotland or Northern Ireland against an entity in England or Wales, details of that would be interesting and I welcome somebody to post them here.

This apparently worked from Scotland:

 

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/16987-scottish-claim-london-county.html?highlight=London+CC#post266154

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This link applies where somebody wishes to sue in the local County Court of the entity they are suing, what I am asking is if they want the claim in their County Court - to save having to travel if there is a hearing - what procedure do they need to follow, which is different from the link you have posted to.

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Yes, sorry, although the up side is that they could then claim for 6 years instead of 5 and up to £5000 rather than the £3000 scottish small claims limit.

Yes, but if it's for a breach of contract claim or damages that doesn't go back 5 years even, then they only lose!

 

So anybody know the procedure here?

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I just issued a claim in Wales against Scottish & Southern Energy who are based in Perth and the clerk said it is issued as normal.

Well SSE will be able to have it struck out, read my post and the CPR & PD about it as well as the form. The court staff who told you that it was Ok was wrong.

 

My question is about issuing claims in courts in Scotland and/or Northern Ireland against an entity in England and/or Wales.

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This help?:

 

Act of Sederunt (Small Claim Rules) 2002

 

Service on persons outwith Scotland:

Act of Sederunt (Small Claim Rules) 2002

 

This is about the METHOD of service for claims initiated in Scotland against somebody in England, Wales, Northern Ireland or out of the UK, but;

1. Does not mention any clauses like there are for claims initiated in England or Wales against entities in Scotland or Northern Ireland [or outside of the UK].

2. Does not relate to claims initiated in Northern Ireland against entities in England, Wales or Scotland.

 

So, sorry, no, it doesn't really help [though makes interesting reading].

 

This question isn't for my benefit, as I live in England, but for the benefit of others. Maybe somebody in Scotland could pose the question to their local Court or to the Govan Law Centre and somebody in Northern Ireland to their local Court or to a local Law Centre? The answer would be interesting to me as well, even though it wouldn't be relevant to me.

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Again doesn't answer my question.

 

All the link gives information about is where you can issue a claim from. It doesn't state what clauses need to be entered. It doesn't even for example give the clauses I have posted a link to above - and I know the clauses have been necessary for many years, I'm not sure when the forms came into existence.

 

To clarify; What I am asking is if there is a clause or a form that somebody suing from Scotland or Northern Ireland needs to enter in or with their claim form when suing somebody in another state of the UK, like there is where somebody who is suing from England or Wales needs to attach to their claim form?

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Will call Anne Robinson-maybe she can ask the question on Weakest Link......:rolleyes:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

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Well SSE will be able to have it struck out, read my post and the CPR & PD about it as well as the form. The court staff who told you that it was Ok was wrong.

 

 

Not so I'm afraid.

 

Today I received notice that the claim had been served and another letter from SSE that they intend to defend the claim.

 

Had SSE been able to challenge jurisdiction then they surely would have.

 

Not too sure what you are rambling on about to be honest.:confused:

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Not so I'm afraid.

 

Today I received notice that the claim had been served and another letter from SSE that they intend to defend the claim.

 

Had SSE been able to challenge jurisdiction then they surely would have.

 

Not too sure what you are rambling on about to be honest.:confused:

It's nothing to do with challenging jurisdiction. It's striking it out on a technicality!

 

Challenging jurisdiction is where the court has no jurisdiction to hear the claim. Your local court would have jurisdiction to hear your claim, but a form would need to be filled in - if you'd read the links - confirming your court has the jurisdiction to hear the claim.

 

Asking for it to be struck out on the basis of a technicality due to the lack of the form - or clause - is not the same as disputing jurisdiction.

 

I'm not "rambling on" and resent that implication. Read the CPR & PD - linked to in my first post - and you'd see that the rambler here is you!

 

Finally, I completely disagree that if they could apply to strike it out on a technicality [or dispute jurisdiction] they would do so, I've dealt with some corporate legal teams that have been thicker than several planks of wood! And you don't need to be thick not to know about this. Your statement puts more faith in their in-house or contracted Solicitor's than they are deserving of.

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Huh?:confused:

 

But you are saying it could be struck out on a technicality, due to a lack of a form not completed, which is based upon the issue of jurisdiction as the claim was filed in Wales to sue a firm based in Scotland!

 

As I was advised by the clerk, correctly as it appears, it didn't matter that the claim was started in Wales to sue a Scottish company and I didn't need to fill in any other form which you are adamant must be completed in the circumstance.

 

Read your first post again on what you say I was supposed to do and you will see I did not yet my claim is proceeding swimmingly.

 

What hogwash!

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Huh?:confused:

 

But you are saying it could be struck out on a technicality, due to a lack of a form not completed, which is based upon the issue of jurisdiction as the claim was filed in Wales to sue a firm based in Scotland!

 

As I was advised by the clerk, correctly as it appears, it didn't matter that the claim was started in Wales to sue a Scottish company and I didn't need to fill in any other form which you are adamant must be completed in the circumstance.

 

Read your first post again on what you say I was supposed to do and you will see I did not yet my claim is proceeding swimmingly.

 

What hogwash!

YOU ARE CALLING THE CIVIL PROCEDURE RULES HOGWASH??? IF ANYBODY'S HOGWASH IT'S YOU!!!

 

I AM ONLY QUOTING THE CPR. I WAS NOT EVEN DEPENDING ON MY OWN KNOWLEDGE. IF YOU READ THE LINKS I HAVE POSTED - ALL FROM THE MINISTRY OF JUSTICE'S WEBSITE - YOU WILL SEE THAT I AM RIGHT.

 

I CANNOT BE RESPONSIBLE FOR PROCEDURAL FLAWS IN YOUR LOCAL COURT. To put in perspective, I issued a claim in Manchester County Court against a Limited company in Halifax. The company defended & AQ's were sent out. Apparently in the Defendant's AQ they requested it be transferred to Halifax County Court due to it being their locality - this is despite them being a Limited company which means the claim should clearly remain in the Claimant's local Court - and a Deputy District Judge transferred it.

 

I complained - obviously due to the procedural incompetence of that "judge". It eventually got transferred back to Manchester County Court. I had a similar event with a claim against a firm of Solicitor's and another Deputy District Judge transferred it to Central London. Again, it was transferred back to Manchester - where it should have been the whole way along. Again a District Judge agreed it was a procedural error.

 

What I am pointing out is just because your claim is proceeding fine, doesn't mean that you haven't made a procedural error. Court's make these procedural mistakes all the time.

 

Edited

Edited by MARTIN3030
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Lp,this is a forum which offers everyone the chance to air their views knowledge and opinions.

Just because someone does not agree with you does not make for undermining users rights of expression.

Several of your posts and threads have attracted confrontational comments because your tone appears to invoke it.

Please give others some credit-just as others have given it to you....despite some straining moments.

If we are to make any progress,then there has to be give and take.That includes some understanding.

I take on board you are trying to find some answers yourself-but I am a little inquisitive as to why you are pressing the question given that after two and a half years-if this subject warranted a stickie then IMHO one would hae been in place long ago.I suspect the reason its not is because theres been no demand to do so.

One user who recently denounced your words on another thread,stated openly that in the past they had always respected your posts and words.

To say that AFTER you had scorned theirs,takes some doing.If you are to maintain the same respect from others-then I think you should be more prepared to listen to what THEY have to say too.

Just an observation-I am not looking for confrontation on saying this-I think we have seen more than enough of that already.

We have a dedicated forum for Scottish claimants-these include stickied info which have long since proved valuable to those who need info there.

By your own admission you are not totally familiar with the Scottish process-those who live in Scotland doubtlessly ARE.

Edited by MARTIN3030
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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Lp,this is a forum which offers everyone the chance to air their views knowledge and opinions.

Which I am doing so - with evidence.

 

Just because someone does not agree with you does not make for undermining users rights of expression.

I am not. This is the second time that Weird Al Yankovic has used derogatory words for posts of mine.

 

Several of your posts and threads have attracted confrontational comments because your tone appears to invoke it.

I disagree that my tone appears to invoke it. I apologize that people find them confrontational and have no intention to do that.

 

Please give others some credit-just as others have given it to you....despite some straining moments.

I do and have done - where credit is due.

 

If we are to make any progress,then there has to be give and take.That includes some understanding.

I understand this and understanding others positions. I however think that Weird Al Yankovic has not posed much understanding here - calling the Civil Procedure Rules and my posts "hogwash"! This is only one example!

 

I take on board you are trying to find some answers yourself-but I am a little inquisitive as to why you are pressing the question given that after two and a half years-if this subject warranted a stickie then IMHO one would hae been in place long ago.I suspect the reason its not is because theres been no demand to do so.

I suspect there is and it was answered by one person remotely or somebody found it out from their local court - like I originally found out about the clause when suing a company in Scotland from England.

 

It is obvious that there is some interest in it. Michael Browne has also tried to find it out. I am sure if more people knew about it in advance there claims would be prepared better.

 

For example; When I issued my first bank charges claim against RBS I didn't know about the clause, and Salford County Court struck the claim out. It so happens they were decent and agreed to use the court fee against a re-issue with the clause in it - but made clear they didn't have to do so.

 

I don't want that to happen to others.

 

One user who recently denounced your words on another thread,stated openly that in the past they had always respected your posts and words.

To say that AFTER you had scorned theirs,takes some doing.If you are to maintain the same respect from others-then I think you should be more prepared to listen to what THEY have to say too.

And I made clear there that I had no intention to scorn their words - and don't think that I did in that post.

I am prepared to listen to what others say, and have listened to what Weird Al Yankovic has to say here - calling the CPR hogwash - and want to make sure that another consumer reading the posts innocently, doesn't follow that the CPR is hogwash approach of Weird Al's, because if they did we all know they could end up in deep water.

 

Just an observation-I am not looking for confrontation on saying this-I think we have seen more than enough of that already.

I agree.

 

We have a dedicated forum for Scottish claimants-these include stickied info which have long since proved valuable to those who need info there.

By your own admission you are not totally familiar with the Scottish process-those who live in Scotland doubtlessly ARE.

I will post in the Scotland forum and post back here.

 

Not necessarily. I wasn't familiar with the English court process 4 and a half years ago. I am sure that there are quite a few there who are but the default of somebody who lives in a state being familiar with all the court procedures, I don't think can stand. If that were the case then the amount of people requiring help on these forums would be cut by at least a half!

 

The aim of this thread was to cover all sides - suing from England, Wales, Scotland or Northern Ireland against each other state - where different rules may apply.

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Good to see your response.We both made our points hopefully for the benefit, or to answer those who would like to say a few things but for their own reasons havent.

I have nothing more to add here Thanks for reply.

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Mr Pickle, your interpretation of your thread topic is inaccurate, not the CPR rules.

 

As far as I am aware SSE are domiciled within the UK and, as such, can be sued whatever country of the UK the claim is brought.

 

As mine was started in Wales and they are a PLC then the claim will be heard in Wales.

 

Which is why there was no need to quote whatever it is you are banging on about.

 

As you are keen to ignore this then one can only conclude you are deliberately posting subsequent nonsense.

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I am not sure what the rules are for suing from Scotland

CIVIL JURISDICTION & JUDGMENTS ACT 1982

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Mr Pickle, your interpretation of your thread topic is inaccurate, not the CPR rules.

No, Mr. Yankovic, your interpretation of my thread topic is wrong.

 

As far as I am aware SSE are domiciled within the UK and, as such, can be sued whatever country of the UK the claim is brought.

Yes, but if you read the links I posted in my first thread you would know that with the claim you have to submit a form that states that the court has jurisdiction and no other claims are ongoing between the parties on the basis of that cause of action in any other court.

 

As mine was started in Wales and they are a PLC then the claim will be heard in Wales.

Yes, and I haven't argued on this.

 

Which is why there was no need to quote whatever it is you are banging on about.

Yes there is.

 

If you read my post you would see that it does not contradict that you can issue the claim in Wales against an entity registered in Scotland or Northern Ireland only that there is a procedure you must follow.

 

As you are keen to ignore this then one can only conclude you are deliberately posting subsequent nonsense.

I am not ignoring anything, you are ignoring the links to the Civil Procedure Rules & Practice Directions - which to explain to you govern the way all Civil cases proceed - that clearly state that one issuing a claim in England & Wales against an entity in Scotland or Northern Ireland must sign the relevant form completed.

 

As you are insistent that the CPR links I have posted are "hogwash" and irrelevant to any case in the UK - obviously without even reading them - the only possible conclusion is that you are deliberately posting rubbish.

 

CIVIL JURISDICTION & JUDGMENTS ACT 1982

Yes, but where? The form I linked to and the part of the CPR & PD's only - to the best of my knowledge [i may be wrong and am prepared to be corrected on this if it can be proven] - only cover claims issued in England or Wales against an entity in Scotland or Northern Ireland. What would the corresponding rules be for somebody in Scotland or Northern Ireland issuing a claim against an entity in England or Wales.

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Yes, but where?

If you read the Act the headings are fairly self explanatory and cover the whole of the UK (not just Scotland) and the various types of contracts/locations of companies or individuals/types of civil procedings.

 

Civil Jurisdiction and Judgments Act 1982 (c. 27)

 

For instance for a consumer contract where the consumer is domiciled in Scotland it would be paragraph 3(3) of schedule 8.

3) A consumer may bring proceedings against the other party to a contract only in -

(a) the courts for the place in which that party is domiciled;

(b) the courts for the place in which he is himself domiciled; or

© any court having jurisdiction by virtue of rule 2(f) or (i).

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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If you read the Act the headings are fairly self explanatory and cover the whole of the UK (not just Scotland) and the various types of contracts/locations of companies or individuals/types of civil procedings.

 

Civil Jurisdiction and Judgments Act 1982 (c. 27)

 

For instance for a consumer contract where the consumer is domiciled in Scotland it would be paragraph 3(3) of schedule 8.

Rory: Either you've misunderstood me or I've misunderstood you.

 

CPR Part & PD 6 state that where a party resides in England or Wales and is issuing a claim against an entity in Scotland or Northern Ireland within their court [in England or Wales] they must fill in the form - which I have linked to in my first post. [They also deal with suing entities outside the UK, but I'm not dealing with that here.]

 

I am not asking about the jurisdiction issues - which I know and understand - but if there is some other clause or form that people in Scotland or Northern Ireland need to fill in when suing an entity in England or Wales.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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