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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. And, I also continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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Notice of Discontinuance


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Hi everyone,

ok after receiving one of these most people would be jumping for joy but I know their game.

 

Basically they have stated they are discontinuing and handing it back to the OC (it was sold), the OC failed to issue a DN thus they were stuffed from the beginning.

 

Obviously I have proof that no DN was issued and proof of termination from the DCA, letters action you name it. The DCA has put a Default on my CRF.

 

How do I stop the same sorry mess starting up again, I have filed a defence embarrassed yes but still a defense. I believe it's up to the court to decide if they can discontinue is their anything I can do?

 

Thanks

 

Pumpytums

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No, the claimant can decide to discontinue at any time.

The crucial issue is whether they have actually informed the court. Phone the court with the claim no. and ask.

 

 

GOOD POINT

 

NOT THAT A DCA WOULD BE UNDER HAND

 

THE COURT SHOULD SEND A NOTICE OF DISCONTINUENCE ALSO

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No, the claimant can decide to discontinue at any time.

The crucial issue is whether they have actually informed the court. Phone the court with the claim no. and ask.

 

So it would be best to contact the court to get 100% confirmation?

 

Thanks guys

 

Pumpytums

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Well I Would Now Demand The Dca Remove All Data As They Have Now Passed It Back To The Original Creditor And As Such, The Dca Are No Longer The Creditor

 

I Would Give It A Week And Do An Online Dispute With The Cra On What Ive Stated

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So it would be best to contact the court to get 100% confirmation?

 

If they say yes ask them to send you a copy (which the claimant should have done)

 

They should have sent the court an N279, which includes

 

I certify that I have served a copy of this notice on every other party to the proceedings

http://www.hmcourts-service.gov.uk/courtfinder/forms/n279_0699.pdf
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ahem I quote,

 

NOTICE OF DISCONTINUANCE OF PROCEEDINGS

 

Take Notice the Claimant hereby wholly discontinues this action against the Defendant.

 

To Court

we Herby certify that we have given notice of discontinuance to the Defendant.

 

Thanks again guys, I will check with Court.

 

I will get other my thread name changed once I know for sure.

 

 

 

Pumpytums

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THIS IS THE PART TO QUOTE IN THE PART 38

 

Discontinuance and subsequent proceedings

 

38.7

 

A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

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Congrats and well done.

 

 

.............just to finish off this thread..................if the creditor does try for a second bite then look to "Res Judicata" to see them off. ;)

 

Finally, make sure you stuff them for your wasted costs.

 

WASTED COSTS THREADS

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

also

 

Liabilty for Costs CPR 38.6

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

 

and a B_R_W post on what else you can claim - B_R_W additional costs you can claim

 

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Was the claim ever allocated to a track by the Court as a Summary Judgment application was made ?

 

If not, then the claim would remain as unallocated, and as such, would be deemed Multi-Track.

Thus, you would be able to claim your full costs.

Edited by supasnooper
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Darn yes it was allocated to a track.

 

Sly devils.

 

I wish I had filed that counter claim now it wasn't until a month ago I had the info. I now understand why the OC took so long for the SAR info.

 

Thanks for all you help though Supa.

 

Pumpytums

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Ok to finally tie this thread up.

 

I spoke to the court again today the Claimant has filed a Notice of Discontinuance. I had originally sent a copy of mine to the court as the Claimant was being "slow".

 

So thanks again for all your help.

 

Pumpytums

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