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    • see***   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all leave jurisdiction unticked -  *** for the minute hang fire on doing AOS on MCOL until andyorch advises if/if not you question jurisdiction please   you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. ..  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/   CHANGE the list of documents too: Original signed finance agreement together with the terms and conditions IN ENGLISH Any notice of change in account terms and conditions that were ever issued since credit approval Any notice of default or UAE equivalent that was issued by the original creditor All and every statement of the account including how any interest has been calculated. Proof that UAE Court Judgement has already been gained upon said debt. Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and /or issue court proceedings concerning a UAE debt. The UAE is not a 'member state' . . . 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 [1 in the count]      
    • thanks. but, where shall i get a copy of this agreement/ guarantee. who shall i contact the claimant.
    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
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kiptower

St Albans parking fine blunder costs £24,000

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I'm surprised its not more, the traffic orders were a joke they still related to RTRA 1984 legislation, driver liable for penalty etc. I cant beleive the numpties in highways dept didn't realise until now.

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they aint all as smart as you G&M :D :D


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they aint all as smart as you G&M :D :D

 

I did have a link to the TRO on the Council website but they seem to have taken the page down....probably out of embarrasment! :lol:

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People who have already paid the fines are considered to have

admitted liability, although since the error was revealed some have

submitted requests for refunds.

 

I should think so too!!!

 

In the big picture of things though... £24,000 is peanuts...


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"The council has since decided to write off 1,621 penalty charge notices. " = 24k in what world of crazy mathematics is this ? at 60 pounds a pop thats 97k, where did the rest go ?

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"The council has since decided to write off 1,621 penalty charge notices. " = 24k in what world of crazy mathematics is this ? at 60 pounds a pop thats 97k, where did the rest go ?

 

You are of course assuming that no one ever appeals or pays before the discount runs out and gives the Council an extra £10 on top.

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not at all, at half price thats still 40k so 24k is well underneath what should be expected. Statistically there is no way they were all at the minimum payment so it should be over 40k.I see what you mean about the 10 pounds on top. the PCNs were for 50 pounds - but one of the many many TRO flaws was the TRO said 60 pounds - the source of my sixty. I reckon thats just what the council wrote off as expected income - I expect the rest was attributed to 'costs' and lost in the shuffle. Maybe the culture in the accounts department is the same as that in the department that created that abysmally deficient hugely wrong completely non decriminalised TRO. Oh hang on, it will be the parking department's accounts so anomalies probably the norm. This council has laid itself open to HUGE claims. Their stance on 'admitted liability' is a) rubbish, there was no liability to admit and b) irrelevant, claims under tort can be made.

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Some while ago the clowncil came on a forum saying that there was nothing wrong with thier signs and lines.

Ar recon thes loads wrang wi thi parkin cos thas avin to gi brass back to folks that teld porkis to.

Pehaps mal/misfecance in public office should be next on the menu, tha noz worra mean?

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not at all, at half price thats still 40k so 24k is well underneath what should be expected. Statistically there is no way they were all at the minimum payment so it should be over 40k.I see what you mean about the 10 pounds on top. the PCNs were for 50 pounds - but one of the many many TRO flaws was the TRO said 60 pounds - the source of my sixty. I reckon thats just what the council wrote off as expected income - I expect the rest was attributed to 'costs' and lost in the shuffle. Maybe the culture in the accounts department is the same as that in the department that created that abysmally deficient hugely wrong completely non decriminalised TRO. Oh hang on, it will be the parking department's accounts so anomalies probably the norm. This council has laid itself open to HUGE claims. Their stance on 'admitted liability' is a) rubbish, there was no liability to admit and b) irrelevant, claims under tort can be made.

 

The ACTUAL recovery rate is £20-£40 depending on the level of charge you are still assuming they are all paid. What about foreign vehicles, unregistered vehicles, cancelled PCNs, etc? The 'culture' in Councils is to report actual losses not what would have been lost if every single PCN was paid at the full rate which never happens. If you don't beleive me I suggest you FOI your local council and ask what percentage get cancelled and paid at the different rates.

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got a link to that ?

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Some while ago the clowncil came on a forum saying that there was nothing wrong with thier signs and lines.

Ar recon thes loads wrang wi thi parkin cos thas avin to gi brass back to folks that teld porkis to.

Pehaps mal/misfecance in public office should be next on the menu, tha noz worra mean?

 

 

I give up. What lanquage is this in ? ;)

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"Ar recon thes loads wrang wi thi parkin cos thas avin to gi brass back to folks that teld porkis to." I will have a stab at translation. "I am led to the inevitable conclusion that parking enforcement performed by this council is deeply flawed. The evidence of the council insisting on a public forum that all was well is contradicted quite emphatically by the nature of the adjudication against them and their resulting write off of 24 thousand pounds from over 1600 hundred in flight cases."

Edited by lamma

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The ACTUAL recovery rate is £20-£40 depending on the level of charge you are still assuming they are all paid. What about foreign vehicles, unregistered vehicles, cancelled PCNs, etc? The 'culture' in Councils is to report actual losses not what would have been lost if every single PCN was paid at the full rate which never happens. If you don't beleive me I suggest you FOI your local council and ask what percentage get cancelled and paid at the different rates.

 

In this case the 24 k has to be estimated lost income to the council. As its a PPP deal with NCP we won't know how the 24k is sliced and diced. How many people who ended up facing bailiffs due to an off-street PCN from this piece of rubbish TRO ? " Please provide details of the number and value of instructions passed to the incumbent bailiff service provider(s) in 2008/2009 and 2007/2008 for: d. TMA 2004 Parking Penalties 2007/2008 - 2,389 £175,705 2008/2009 - 1,297 £106,725" . from http://www.stalbans.gov.uk/Images/Use%20and%20management%20of%20bailiffs%20FOI%20364000779%20redacted_tcm15-10324.pdf The odds are that they are not all on-street PCNs. If any readers is a person who faced the bailiffs over an off-street PCN from this town then please post on this thread ASAP :) Or anyone who paid an off-street PCN in this town - between April 2008 and Nov 2009. Of if you know anyone who falls into either category please post on here.

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"Ar recon thes loads wrang wi thi parkin cos thas avin to gi brass back to folks that teld porkis to." I will have a stab at translation. "I am led to the inevitable conclusion that parking enforcement performed by this council is deeply flawed. The evidence of the council insisting on a public forum that all was well is contradicted quite emphatically by the nature of the adjudication against them and their resulting write off of 24 thousand pounds from over 1600 hundred in flight cases."

 

There is no contradiction between stating signage is correct and having a flawed off street order the two are not connected in any way apart from they both involve parking.

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There is when the signage is rubbish all over the place. They couldn't be bothered to even attempt to write a decriminalised TRO before pressing ahead with enforcement. Are suggesting they have been rigorous with the signs and lines ? They haven't been. I paid a visit to friends down that way recently, signs and lines very 'messy and weird' shall we say. Have you been there and checked ? or are you just trying to come up a justification for another council ? Oh boy, its not the council you work for is it ? Am still interested in hearing from anyone who paid on one of these off-street PCNs, and from anyone who ended up paying a bailiff for one.

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There is when the signage is rubbish all over the place. They couldn't be bothered to even attempt to write a decriminalised TRO before pressing ahead with enforcement. Are suggesting they have been rigorous with the signs and lines ? They haven't been. I paid a visit to friends down that way recently, signs and lines very 'messy and weird' shall we say. Have you been there and checked ? or are you just trying to come up a justification for another council ? Oh boy, its not the council you work for is it ?

 

It has nothing to do with working for a Council it is a case of understanding plain english and knowing what 'contradiction' means. The lines may all be completely wrong for all I care but the alledged statement they are correct is not contradicted by a ruling a TRO is wrong.

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Which has nothing to do with the fact that this council messed up big time, and in several ways. and, we are told, had the gall to send out 'all is well' messages about their signage when all is not well with it. One wonders how and why. Just a complete lack or awareness of reality on their part ? incompetence ? delusions ? too much medication ? deliberate covering up ?

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lamma Re: St Albans parking fine blunder costs £24,000

"Ar recon thes loads wrang wi thi parkin cos thas avin to gi brass back to folks that teld porkis to." I will have a stab at translation. "I am led to the inevitable conclusion that parking enforcement performed by this council is deeply flawed. The evidence of the council insisting on a public forum that all was well is contradicted quite emphatically by the nature of the adjudication against them and their resulting write off of 24 thousand pounds from over 1600 hundred in flight cases."

 

I recon thas it nail reight on ead wi thi gud tranzlashun of wot av sed. Tha noz worra mean?

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