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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • 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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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Marlin/Phoenix CCJ on HSBC OD debt now want SD - Charging Order objection - ***WON***


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jsa I did send my letter to that PO box in Coventry, recorded delivery, but surprise, surprise it has not been signed for...

 

 

they can take a while to appear on the post office website so check back even after a few weeks.

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  • 3 weeks later...

Hi,

 

Well, should I be honoured or what??

 

Who said DCA's don't care?:razz:

 

Received a letter today from Mortimer Clarke Solicitors offering me a fantstic offer of 20 % off outstanding debt, as I'm such a good payer and derserve a reward:lol:

 

 

Oh what to do...:roll:

 

Do I accept their 'generous' offer or do I stick with my £1 pm CCJ? :razz: (Apart from the fact that I haven't got any extra money lying around.)

 

I read somewhere that Phoenix was now dissolved, so maybe it is something to do with that?

 

 

j8339d.jpgRegards

Molly:-)

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OOH LOOK-Free toilet paper :lol:

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi there

PLEASE NOTE that any company with SARL in its setup is NOT A UK COMPANY so in any case why should struggling taxpayers pay ANYTHING to these utter leeches who contribute ABSOLUTELY NOTHING to the UK economy except just MORE misery for individuals.

 

A Société à responsabilité limitée, also known by the

acronym SARL (sometimes SÀRL or Sàrl), is a private limited liability corporate entity that exists in France, Switzerland, Luxembourg, Macau, Algeria, Morocco, Tunisia, and Lebanon and has commerce as its purpose.

 

 

These wretched businesses buy debts for PENNIES in the pound and then send the money overseas / off shore without paying any (or very little) UK tax.

 

At least if debts are sold -- still a DISGUSTING PRACTICE - lets ensure that the companies buying them are 100% based in the UK paying UK tax.

 

Cheers

jimbo

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Hi,

 

Thank you all for the comments.

 

Silver Fox - Unfortunately their paper is not luxurious enough and far too hard for my delicate bottom:oops::razz:

 

 

t_ony - Good idea, but I bet they are like DFS and will be extending their faboulous offer.

 

 

PGH - Like it :lol:

 

jimbo - totally agree with you. In fact at the re-determination hearing the DJ seemed to have some time on his hands and actually checked Companies House on his PC and because Phoenix Recoveries was stated without the (UK) bit or stated with the sarl bit, can't remermber which way round it was, but he did say that 'here we have a company that is NOT registered'. So he did not actually accept that Phoenix (UK) Ltd Sarl was a company registered in the UK. He only awarded the £1 pm due to the fact that Marlin was stated on the claim.

But I agree, this disgusting practice should be banned.

 

 

In the meantime I am awaiting my loyalty card from Marlin.:lol:

 

Regards

Molly:-)

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Did they indeed! Well once they have unlawfully repudiated the agreement, they cannot simply issue you with a valid DN, as there is no contract??/

 

I just wish to rectify this bad debt advice I gave, it now transpires that if you are issued with a defective DN, and you make them aware of this, they CAN issue you with a correct valid DN, sorry folks...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi BB,

 

In this case they terminated the agreement on the back of an invalid DN, and I accepted unlawful repudiation.

 

As 42 man says in #6, if they have terminated the agreement, how can they then issue a new DN, when there no longer is an agreement?

 

Regards

Molly:???:

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In this case they terminated the agreement on the back of an invalid DN, and I accepted unlawful repudiation.

As 42 man says in #6, if they have terminated the agreement, how can they then issue a new DN, when there no longer is an agreement?

 

Yes I agree, but it somehow now appears that they can re-issue an effective DN if the first one is defective, there are a couple of threads on here about it, if I could just remember where! :frusty:

 

Or I could be thinking of something completely different? Oh god, I'm not even old and already I'm as forgetful as my mother!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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