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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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      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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Power2Contact have NO INTENTION of sending people round as they state in their letter - Phone recording inside


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Anyhow , that woman is outright wrong if her position is that no date was specified as to when they may call shunning their obligation to make a clear and explicit declaration of the time and nature of such a call . OFT guidelines says right here :

 

Debt collection visits

 

2.12 Examples of unfair practices are:

 

a. not making the purpose of any proposed visit clear, for example, merely

stating that collectors or field agents will call is not sufficient

 

g. not giving adequate notice of the time and date of a visit [/i]

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The thing is I never told her I was recording from the start, to make it admissible as evidence I did need to tell her from the start it was being recorded. I knew if I did this however the call would have gone differently.

 

 

The recording is admissible at discretion of court. You do not need to have warned them the conversation is being recorded.

 

It is likely the court would allow a recording in if it sheds light on the issues before them.

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  • 1 month later...

it makes no difference really whether the court would or would not allow the recording as evidence (they probably would on the basis that the debtor is always at a disadvantage ) since you would simply place a word for word transcript in your defence as to what was said/admitted in the conversation and this would be available to the other side prior to the court hearing.

 

This then places them between a rock and a hard place since when you ask them in court if they agree that this is a true representation of the conversation that took place or of their admissions etc they have only two choices

 

a to admit that this was what was said OR

 

b to deny it

 

if they elected b/

 

the next question would be to ask them- since they deny the facts if they would therefore have any objection to the court hearing the actual recording.

 

Now what are they going to say? heads you win- tails they lose

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So the DCA's always claim that they have bought debts legally and have the power to act to recover the money owing, they insist that you deal with them, not the original company. So how was it possible for 2 DCA's to be dealing with it, and why go back to the original company, who simply don't want to know once they've palmed it off onto a DCA?

 

How many people are intimidated by cards through the door, saying someone will call? Not many are CAG aware and realise it's not going to happen, it's just part of the tactics to force people to contact them and pay. They should be made to give people a complete list of the scaremongering they'll do at first contact, like "we will send you between 3 and 6 letters that threaten to have you strung up if you don't pay, hoping you don't notice the use of MAY, COULD and IF, following which we will suggest that someone will call at your door to collect the entire amount or take your children as deposit, following this we will bodge up a letterhead that looks like it's from a solictor's and threaten court proceedings. We will call you several times a day on your home, mobile and work numbers and if you don't answer we will call your boss and tell him to fire you because you've not answered the phone to us."

 

Even packets of corn flakes have a warning 'may contain nuts'

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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So the DCA's always claim that they have bought debts legally and have the power to act to recover the money owing, they insist that you deal with them, not the original company. So how was it possible for 2 DCA's to be dealing with it, and why go back to the original company, who simply don't want to know once they've palmed it off onto a DCA?

 

How many people are intimidated by cards through the door, saying someone will call? Not many are CAG aware and realise it's not going to happen, it's just part of the tactics to force people to contact them and pay. They should be made to give people a complete list of the scaremongering they'll do at first contact, like "we will send you between 3 and 6 letters that threaten to have you strung up if you don't pay, hoping you don't notice the use of MAY, COULD and IF, following which we will suggest that someone will call at your door to collect the entire amount or take your children as deposit, following this we will bodge up a letterhead that looks like it's from a solictor's and threaten court proceedings. We will call you several times a day on your home, mobile and work numbers and if you don't answer we will call your boss and tell him to fire you because you've not answered the phone to us."

 

Even packets of corn flakes have a warning 'may contain nuts'

 

i'm not sure that two dca's were dealing with it- i may be wrong but i got the impression he "Made up" the second DCA to frustrate the lady on the phone call

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