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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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Somewhat confused by a letter from Moorcroft?!?


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Hi Guys, You've helped me wonderfully before, so I thought I'd come back and try my luck again...

 

I got a letter today, addressed to somewhere I haven't lived for over a year (and the bills were never in my name, as it was my parents house), anyway, it is from Moorcroft and it reads:

 

ANGLIAN WATER SERVICES

NOTICE OF INTENDED LITIGATION (note how it is dated the 26th Nov, yet it only turned up today!)

 

To prevent the above action, send payment in full before 3/12/08 or Telephone ******** immediately.

 

If you do not respond to this letter, we will assume you are purposely avoiding repayment of this debt and will take the nescessary steps to secure settlement which may include issuing legal action against you. Please note if legal action is nescessary your debt will increase as follows:

 

Just goes on to mention court fees etc...

 

Then...Please note we have confirmed with a major public utility that you are in occupancy at the above address

 

 

Hmmmm - well I just tried to ring them, but office closed, probably a good thing cause the day i've had, they would have got a mouthful.

Firstly, I don't live at the address on the letter, so god knows who their "confirmed with a major utilty company" is!

Second, do they assume I'm just going to ring up and pay it, without questioning the dates, etc, just because they say so?

 

I just wondered what i can do really, as I don't live there, haven't for over a year, and it was my parents house....it's all just a bit weird. I would assume the bill isn't for my parents, as they pay the water bill monthly.

 

Thanks everyone

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Don't speak to DCAs on the phone - you will just get abused and bullied. It is for them to prove the debt is yours, not for you to prove it isn't. Send them this:

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

Print - don't sign - your name

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Ok, I will do, but surely by sending them that, I'll have to give them my current address? If I use my parents address, then they will assume I still live there won't they?

Also, it says to pay up by the 3rd, which is Wednesday! All this before christmas, joy ;)

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Ignore the deadline - by sending this letter it puts the debt in dispute - you are informing them the debt isn't yours. They will have to come up with proof if they want to instigate court proceedings and their "we have checked your address" is probably just phishing. It could be someone else's bill with your name and they have just come up with your address after a random search.

I would use your own address to show them that you don't live where they are trying to say you live. They won't take you to court without proof the debt is actually yours. If they bluff then don't turn up, you will have a field with your costs and expenses against them.

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Excellent, thank you. I'll get that letter printed off and sent tomorrow, should reach them by Weds with a bit of luck.

I guess I'd also better check with my parents that it's nothing to do with them whilst I'm at it. I'm wondering if maybe it's my bill, but for this house? Although surely they wouldn't get the address wrong, I really am confused!

 

Guess we should start with that letter and take it from there. Thanks for your help so far.

Thanks

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