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    • So, was there any mention of the contravention code “104 Stopping to pick up/drop off in a restricted zone.” in the contract you received? It doesn't appear in the contract that others have shared. Without this, on what authority can VCS issue the PCN?
    • ou have received a claim form.   firstly - read all the posts in this thread FIRST...   then copy this first msg to your thread - and put your answer after each question   In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us]   Name of the Claimant ? Give answer here   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here   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) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Pwas issued small court claims form as the owner keeper by gladstones solicitor. Particulars of the claim: parked in breach of terms on signage ( @ location x) incurring PCN 9parking charge notice) PCN not paid in 28days. Claimant claims unpaid pcn from defendent as driver/keeper. despite demands being made defendant failed to settle outstanding liability. I was not driver. Driver is known to owner. received letters initial from UK Car park management Limited. (IPC memeber) Refused passing on driver info until they had provided all details of their right to mangage parking re contract with landlord, all images and evidence etc. This was by letter not via their appeals service. Letter was not responded to. (or refused can't remember exactly will check) details of the event. Night, signs not directly lit, small size writing poor placement. Parked on loading bay. Sign for loading bay was arguably not clearly marked, small sign high up behind the space, not visible as driving into it. floor markings under car not visible once parked, and poorly light. Private warden came, driver was by vehicle whole time, warden alerted driver to the fact they couldn't park there, driver removed the vehicle immediately on being informed of the restrictions.   What is the total value of the claim? Claimant claims £100 for PCN, £60 contractual  re Ts & Cs + £21 statutory interest.   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Received many letters most probably got one advising of a claim if not paid etc (will check)   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? address not changed since claim   Did you inform the claimant of your change of address? no address change not needed Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? No agreement (after 2007 but no agreement)   Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No   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. Claimant issued   Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here   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 ? N/A   Why did you cease payments?N/A What was the date of your last payment? N/A Was there a dispute with the original creditor that remains unresolved? N/A Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? N/A     More Details:   Defence was filed with small claims court. : Defence points were, no agreement, signs not visible/readable, no opportunity for arbitration before making a claim. Their independent Appeals service (required as part of their right to access DVLA info) is not independent as it's funded by the parking company and their paid lobbying group IPC.   Claimant has sent N180 directions questionnaire.   Defendent (me) has not filled N180 yet . Not sure what to answer.
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Unenforceble CCA and separate T&C's


ManSizedRooster
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Dear Caggers

 

No doubt all of you who are challenging unenforceable CCA’s on the basis of prescribed terms missing from the signed document, have received from AMEX a copy of T&C’s on a separate document and an argument that this forms part of the agreement. How are you arguing against this and what success are you having?

 

Also, have any of you been taken to or threatened with court by AMEX over non enforceable CCA’s? I know some of you have been to court with AMEX for faulty DN’s, but what about CCA’s?

 

Cheers

 

ManSizedRooster

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