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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Morning all,...Thought it was the 8% you added when filing with court,..Will have a look for the thread which explains how to work that daily interest,.Not as complicated as it sounds,..Me myself are justing going to go with the 8%,..Plus the 22p per day thing will change depending on your total amount of claim,...off to find it now,..Mx

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Well here is the best explanation which I believe to be correct;

 

The claimant seeks XXchargesXX plus interest at 8% to date of claim= XXtotalXXX plus interest daily at £1.04 pence per day until date of judgment or earlier settlement.

 

 

(The £1.04 - or whatever is calculated on the charges total only.)

You work out an annual figure of 8% on what you are claiming then divide it by 365 to give you a daily rate

 

I don't know what all this .22% is.

The way I have described it is that way I have always done it - never any complaints..

 

However, I suggest that people claim the contractual rate of interest or s.69 in the alternative

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Well Folk's its the LBA letter tomorrow,....Recieved a letter off Marc Winder with a how to complain leaflet,..wants another 4 weeks but does not know the outcome!

 

Any suggestions on LBA Letter,..Anyone got a killer I can use,..Thanks all Mx.

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Nearly ready to send LBA,..but have one concern,..Will be sending this letter to marc winder but the address on the letter I recieved from him is a PO box(milton keynes)..I'm sure I have read not to send corrospondance to PO boxes!..Am I right in thinking this,..Or will it not matter in the final outcome?...all thoughts on this is welcome thanks Mx.

 

Sent my premlim letter to my local branch,..Is it best to do this or deal straight with mark?

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You can write to PO boxes when corresponding with banks/cc companies.

 

Its when filing court claims that i dont think you can use PO boxes.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Thanks Glenn,..Will mail it straight to Mr Winder then,..Just thought I would make sure,..Best Wishes Mx.

 

one last thing,..on the LBA letter were the banks address goes,..do I put Winders PO address or the local branch I use ,..But address it to Winder?(Will get there in the end)thanks

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i sent my LBA to Milton keynes michelle but you correct the result would have been the same youll get standard bog off letter then its court aarrgghh!!im at that bit now but funds are stopping m at present will try and get paper work sorted this week to get ball rolling so to speak on pay day of course mind you worth all this aggrevation in the end isnt it eh!!let me know how you get on xxKia

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You can do what you like in terms of where you send it, i would use the same address as i used for the prelim, the only thing thats really important is when you file your claim you have to use the right address.

 

Typically registered office or the local branch.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Glenn sorry to be a pest with all the questions,..Done my LBA ,..I know where to send it now(thanks),..As part of my claim is estimated ,Could you guide me to the section were it states we can amend claim should we recieve the missing statements ,..Thanks Glenn Mx.

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all i did michelle was write in what you just wrote just slip it into the bit about ive enclosed a copy of spreadsheet it doesnt have to be perfect i dont think but don qoute me on it but i didmine like this hope it helps xxKia

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Its simple write a line in that says 'i will amend the claim when all of the neceesary information is supplied by the defendant.'

 

 

Job done.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hi Kia,..think I will just add my own words then,..seen a good write up on this but have looked and looked & can not find it again,.So any news with your claim whats the latest?Hope all is well Best Wishes Mx.

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the latest michelle is ive gotta sort through spreadsheet aarrgghh!!to sort out adding on the interest that i took off the spreadsheet intially but i can do it me lazy brother does it so ill have to nag i think still a little unsure bout that dont know whether its just the 8% and no more or what any ideas cause i think the N1 form is fairly straight forward its just that dratted spreadsheet im gonna have nightmares about them when im finished with this knew i shoulda done a computer course lolxxKia

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Well I am just behind you Kia so I have the same stresses to come,..think you just put the 8% think its easiest to do this,..then its done,..That's all I am going to do,..read you need to know your balance on each occassions to work out the overdraft interest,..Or some thing like that,..just as lost as yourself,..just think I have it sussed out then its gone,..Well sure we will get there,..keep a update as I would like to see how you get on,..Talk Soon Mxx.

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like to see how i mess it up more like lol cause i will you know cause its what i do thanks fo advice about 8% think ill go with that sounds much easier me thinks will try and do form today all i need to do i think is fill it in and copy it twice then get spreadsheet finished then just waiting on dosh coming in will keep you updated michelle xxKia

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Kia ,..Sure we will all get it right in the end ,Just stick with the 8% seems alot easier,..Well got my LBA off & just read a thread about changing solicitors,..Very dirty trick,Well I put my thoughts in the thread about that,..All we can do now is sit and wait for the DOSH as you put it,...mmmmmmmmm sound fine to me,..Good luck talk soon Mx.

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  • 2 weeks later...

Well gang back again,...going to be filing my claim within the next few days,...time is up for abbey,..funny enough recieved a monthly statement today and it had 5 refunded charges equalling £175 5x£35,..Never even ask about these charges,..can not understand why their would refund 5 charges,..Well its all good as their have now given me the funds to start my claim,..(excellent)

Will be doing the claim on line any tips or advice would be more than welcome best wishes all M.

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