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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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References to CAG from DCA's


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I was just wondering..has anyone got any true examples were by a DCA - either through a letter or on the phone, has made some sort of reference to CAG.

Would be interested to know this :)

 

Yep Newmans DCA often make reference to CAG

 

I had a telephone call with them once and despite me telling them that i work for a solicitors, they kept saying that my views were wrong because i had taken them from the Consumer Forums

 

ive also had a letter back saying that my letter, despite being on letter headed paper, was materially the same as found on certain forums????

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Cabot recently informed me that I had been 'badly advised' which I took to be a reference to the CAG.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I have noticed that lot...in that DCA's seem to think of anything mentioned on these type of sites as "bad advice".

Bad advice coz it dents their profits thats why :rolleyes:

 

Precisely. They did suggest this "with respect" though. How very polite.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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i wonder how long its gonna be before the threat monkies start sending letters like this:-

 

 

Dear sir or madam

Re:- account 789748967498745964

 

We notice that you keep sending us letters, requesting things like Credit agreements and such, you are ordered to cease this activity.

 

As you may not be aware, the 1996 Removal of right to advice act explicitly states that you may not recieve advice form any source while dealing with a debt collection agency, as DCAs such as ourselves are empowered by the Total authority in all matters act 1953.

As we are a multimillion pound business, you should be aware that we are covered by the Incapable of making errors act 1805, therefore whatever we tell you should be treated as gospel.

 

We are now telling you that you have no rights whatsoever, and thus should you attempt to request we prove our right to collect on this debt (which by recieving this letter you automatically assume responsibility for), then we will have no choice but to send you furthur letters and quite possibly send court appointed bailiffs who will remove all items form your address in recompense for the debt.

 

while we do realise that the debt is not in your name, or even for anyone who has eer lived at your address, you should be aware that you are in fact responsible for it, and due to you being stipped of your rights in this matter, we would advise you pay up immediatley by credit card.

 

;)

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Not DCAs, but when I went to court against a finance company, they tried to say to the judge that I was only going ahead so as try and create a precedent (in small claims? :rolleyes:) so I could boast about it on CAG. :-D

 

when i took orange to small claims court in 2003 they wrote to me and told me that if i intended to use their own terms and conditions against them i would be committing an illegal act! (my claim pack to the court included a highlighted section of their own terms and conditions, clearly showing the had breached them when married up with other documentation i had obtained from them, as well as the relevant statuatory laws etc that applied which i obtained from OFCOM and the CAB).

 

the letter stated i was to remove these items from my claim pack as in their opinion they were inadmissable as evidence, obviously i ignored them and submitted this letter to the court, at which point the judge asked oranges reparesentative as to why they presumed to decide what i could admit as evidence before a court, their rep remained silent, and about 5 minutes later i was awarded a full refund of what they owed me, plus costs and compensation.

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How about changing it to

 

"Not valid if placed on a certain website....."

 

I was told by one lovely company that I had been mis-informed about me NOT having a licence to record phonecalls. Their phone monkey started by saying

 

"This call is being recorded."

I replied "I'm recording it too..."

Phone Monkey "What is your licence no, you need a licence to record calls."

Me "Sorry, I am a private person and my phone is set to automatically record calls due to memory problems."

PM "What is your licence, you are committing an illegal act if you record this call... you need one even if you are a private person."

Me "Sorry, I am not aware of that law, where do I find it?"

Phone Monkey "Not from an internet site are you?"

Me "Which one would that be?"

Phone Monkey "This call is now being terminated."

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yeah, call centre monkies dont like you recording them, because they know that if they say or do something wrong then you can use it against them, so theyll either hang up immediatley or will start behaving in an ultra fascist manner, usually just repeating whatever it says on their computer screen.

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ive also had a letter back saying that my letter, despite being on letter headed paper, was materially the same as found on certain forums????

 

to be fair, you have written quite a few of them on here.

:)

Edited by bigegg

Carpe Jugulum

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2nd dec i told lowel threat monkey that i would have to seek advice after recieving a out of the blue phone call from them saying they owed this debt(which i stated dont think so as that is at least 8 years old(fell off credit file 2 years ago)they asked what advise i sent CAB monkey said that cab would advise me to ;pay my indepinance?big word there.so i said well i will look on the net for old debt advise.monkey said let me advise you that if you take notice of the SHOCKING DELAYING TACTICS ADVISED BY CAG AND OTHER SUCH GROUPS YOU WILL FIND THAT THE LAW IS ALWAYS ON OUR SIDE.....SO I LOOKED UP CAG AND HERE I AM STILL AWAITING CCA SINCE 14TH DEC

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There is as much right for us to record them as there is vise versa.

Yet another false myth spread about by DCA's in order to delude the public into not knowing what is what & so we end up paying them :rolleyes:

 

 

actually its more a myth spread by users of call centres in general, to hide the fact that their customer service record is pi** poor.

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Just tell them that you're recording the call "for training and quality purposes".

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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