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    • looks om to me  let andyotch check it over due by Friday 4pm.   any paperwork you hold , you keep to yourself! its for the fleecers to provide it all again now. but gives you something to compare their copy n paste too..   as for the assignment Hoist whatever is all the same DCA group, simply using diff names. nothing to do with cap1.  
    • a client is equally responsible for the actions of their dogs.    
    • Could someone review the defence I have prepared please?   please note I have got a copy of an old default notice from 2007, but have asked them to provide me with a copy, does this need to be taken into account on my defence statement? I don't have a copy of an assignment notice from Cap One to HPH2, just one from HPH2 to HFUH2L, but was HPH2 Cap One? If I have these 2 documents, but no original agreement can I still use this as a defence?    1. This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 2. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. 3. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). 4. Written notice of the assignment has been given. 5. The Claimant claims 1. The sum of 294  2. Costs   Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. Paragraph 1 is noted and it is accepted insofar that I have had financial dealings with Capital One Bank (Europe) Plc in the past, but I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant. On the 27th November 2019 (both sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request to Howard Cohen and Co. Solicitors and a Section 78 request to the Claimant Hoist Finance UK Holdings 2 Ltd to gain further details. Both have been signed for as received but the claimant has yet to comply.   3. Paragraph 2 is denied I am unaware of any service of a valid Default Notice pursuant to the consumer credit Act 1974   4. Paragraph 3 I am unaware of any alleged legal assignment or Notice of Assignment from the Claimant.   5. It is therefore denied the Defendant owing any monies to the Claimant, the Claimant must provide evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of the breach and service of a valid default notice; (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   Thanks, Molly,  
    • read the letter it says our client...   everything else is explained in that other thread or any CLI thread gere . use our search..   a dca IS NOT A BAILIFF
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PGH7447

Why my £10,000 battle with the wardens should inspire us all to unite against the parking FASCISTS

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His story will enrage homeowners. A doctor who's spent years fighting attempts to fine him for parking his scooter on his own land lost a court ruling that means YOU could now be fined for parking on your own drive

 

 

Read more: http://www.dailymail.co.uk/news/article-1232506/Why-10-000-battle-wardens-inspire-unite-parking-FASCISTS.html#ixzz0YW9TY2UP


PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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His story will enrage homeowners. A doctor who's spent years fighting attempts to fine him for parking his scooter on his own land lost a court ruling that means YOU could now be fined for parking on your own drive

 

 

Read more: http://www.dailymail.co.uk/news/article-1232506/Why-10-000-battle-wardens-inspire-unite-parking-FASCISTS.html#ixzz0YW9TY2UP

 

Second post on subject but still know one has explained what this has to do with parking in a drive???

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Second post on subject but still know one has explained what this has to do with parking in a drive???

 

From reading the article it seems to be saying that if you own land, either a driveway or a garden and there is no physical barrier marking it off as your own then the council can issue parking tickets on it.

 

In other words if you have an open driveway or garden and you park there then you could get a ticket

 

Mossy

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I suppopse one can feel sympathetic about the good doc's situation though I don't see anything about who laid the tarmac strip, doc or council, and why weren't the original railings reinstated? I doubt anyones' drive would be considered part of the footpath, though if you park part on your drive and part on the pavement you're obviously going to elicit the interest of parking authorities. Perhaps the doc's £10,000 would have been better spent on railing off his own property.:-)

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Mods - this is a duplicated thread on the same subject matter.

Can it be incorporated with the original thread started yesterday by 'My Real Name' & entitled 'Fined by council for parking on private land'?

Edited by StrawDog

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From reading the article it seems to be saying that if you own land, either a driveway or a garden and there is no physical barrier marking it off as your own then the council can issue parking tickets on it.

 

In other words if you have an open driveway or garden and you park there then you could get a ticket

 

Mossy

 

Only if its used a public highway in which case I'm sure having the public waltzing through your front garden and trampling through your flower beds would be more of a concern than getting a parking ticket. Unless it goes somewhere it is not highway most drives end at the garage or front of the house so their would be no reason for the public to pass and re pass.

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From the google street view link that G&M posted elsewhere, it would appear that the land forms an integral part of the roadway (being part of the footway next to the carriageway).

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