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    • 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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County Court Claim before Default Notice?


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Afternoon. I have just opened the post and there is a County Court Claim Form (CCCF) that relates to my partners Next Directory account. Payments to the account have been delayed recently, but are up to date. The last letter received from them, dated 26th May required payment of £145.50 by 16 06 10. That payment was made 06 07 10. Then, without any default notice or further correspondence at all, a CCCF arrives. Another letter from Howard Cohen and Co is also in today's post stating they require payment in full or they will seek judgement against my partner.

 

We can enter into short term arrangement over 4 months to clear this, but cannot clear it in full now. Our absolute priority will be to avoid a CCJ against my partner as this will severely damage her credit rating.

 

Thanks in advance for any advice.

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Are you certain that what you have received is a genuine N1 claim form from the courts and not something Cowen's have cobbled together to intimidate you in to paying.

 

The time span seem as bit to quick for a court claim to have been issued

 

Any chance you could scan or photgraph what you have received (minus personal details) at post it up on here

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Esorted. .

 

Your Password is showing on the claim form as well as court claim number, i have unapproved your post until you amend the attachment.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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esorted - your claim no. is still showing!

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Just bumping this back to the top for you.

I have noticed that the POC mentions nothing about this account being regulated by the comsumer credit act nor any mention of any default notice being issued.

Have you ever made a CCA request to Next?

It is my understanding that a default notice has to be issued before any legal action for the full amount can be initiated.

 

I am not a legal expect though so maybe someone else in the know can elaboratate.

 

But you do need to acknowledge the claim asap and send Cowens 31.14 CPR request by recorded delivery

I take it you will be defending the whole claim

Edited by alfwithhair
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Hello.

 

Thanks for the advice to date.

 

I think there are two questions to answer:

How old is the account? Probably two to three years.

 

Am I defending the whole claim? No. The amount claimed does not take into account a payment made earlier this month. (I.e they claim £678 ish and this does not take into account a payment of £145.50 made on 6th July - which was late...)

 

My partner owes the money, and doesn't intend to avoid payment, I just don't see how she can move from a late payment letter to a court claim in a month.

 

I am going to suggest to her that, in the 1st instance, she phone's Cohens and clarifies the amount owed, and offers a voluntary payment plan over four months.

 

My credit history is shot to s*** and I want to protect hers at all costs.

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Unfortunately if part of the debt is admitted, your wife WILL get a CCJ.

 

Have you read this thread -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

If as you say no Default Notice has been issued, I would urgently suggest that a Subject access Request is sent to the original creditor.

 

.........and you could try to negotiate with Cohens.......they may be amenable.

 

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