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    • The reason for the photos is to show you weren't displaying a permit.  They are supposed to check that the permit hadn't fallen off the dashboard. There is no point in appealing to PPM.  The very people who deliberately set up the site with rubbish signage to catch motorists out are highly unlikely to find against themselves. You've said several times that you think the company who you met with called PPM in so these are the people you need to contact in writing to request they call PPM off.  Until you do so we're going round in circles. If you don't want them to have your e-mail address simply set up a secondary e-address.  
    • Please see attached redacted judgment for further infoVWFS (UK) LTD - Salisbury CC - Judgment - 20240507 V Final _copy redacted.pdf
    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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N1 Claim Form - No Particulars


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Well, youre gonna have to specifically tell them , that the info they have given you, doesnt break the bills down sufficiently to let you access what is owed.

 

...

 

Let them know that under CPR they may not rely on documents that they refuse you CPR31.21.

Also, CPR 31.23 States @' Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false disclosure statement, without an honest belief in its truth.'

 

Not sure how much power that last bit gives you, but maybe a mention of it, will jerk a response

 

Thanks,

 

I've told them exactly what I want and I've sent them a demand under CPR 18 (as advices by andyorch earlier in the thread). It's just on past performance I wouldn't expect them to respond. At the tial they will say that all costs have been incurred and that a Chartered Accountant has certified the service charge statements. I imagine the judge will agree that this is proof enough.

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Thanks,

 

I've told them exactly what I want and I've sent them a demand under CPR 18 (as advices by andyorch earlier in the thread). It's just on past performance I wouldn't expect them to respond. At the tial they will say that all costs have been incurred and that a Chartered Accountant has certified the service charge statements. I imagine the judge will agree that this is proof enough.

 

Well, there you have it, what is the name of the chartered accountant? it may be possible to directly request this information from them now, because this is now a court case.

This is an extract from uk.gov

47.7 Meaning of disclosure In a civil litigation context disclosure is the process by which the parties:

 



    1. inform each other of the existence of relevant material, and
    2. arrange inspection of any relevant material held by the other, and by anyone else, or
    3. claim some right or duty to withhold inspection.
    4.  

      The objective of disclosure is to place the parties on an equal footing, and treat them fairly, so far as is practicable.

      The process was previously known as discovery.

      The term ‘document ‘ in this context has the widest possible meaning and includes anything in which information of any description is recorded. The term ‘copy’, in relation to a document has a similarly wide meaning, and covers anything onto which information recorded on the document has been copied, by whatever means, whether directly or indirectly, and includes computer hard disks, floppy disks, audio tape, video tape and e-mails.

      Notes: [Civil Procedure Rules 31.2, 31.3]

       

      So you specifically ask for the documents that the Chartered Accountant has certified.

       

      Although this is for insolvency, it is still referenced in CPR31

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Also, look at CPR 35.6. You can specifically ask this 'expert' what were the details on the evidence he had,

IE, What were the breakdown sums for each residence. so In effect, even though, they try to refuse this information, you ask the pertinent question to their Accountant.

Putting him / her firmly in the spotlight.

Get yourself a list of questions youd want to ask this person.

You can only ask them once, so you should word them very specifically.;)

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.

 

So you specifically ask for the documents that the Chartered Accountant has certified.

 

Although this is for insolvency, it is still referenced in CPR31

 

So when would I do this? What about the expense? Could I end up footing the bill for this?

 

Would I not first have to wait until the Claimant has failed (I said within 14 days in my letter sent yesterday) to supply the evidence asked for under CPR 18? I don't want to be considered unreasonable by the court by asking different people to provide the same evidence.

 

With the questions to an 'expert', wouldn't I first have to wait until they are declared as an expert?

 

This dispute is over approx. £1700 so likely to be assigned to the SCT.

 

The Claimant has not even supplied any particulars of claim yet. The date of service was 20/7 so they still have a bit of time. Do I not have to wait?

 

In regard to asking the claimant under the disclosure rules, can I ask for something I already have? If they don't supply it, does this mean they can't use it as evidence?

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I have received a letter from the Claimant and would ask anybody who has time to please help.

 

I have written 3 letters asking for invoices/receipts to backup their claim and proof that they have the right to sue in regard to their claim (received 19/7). The first of these was on 2/7 before their County Court Claim, the second was on 20/7 and mentioned that once I had received the particulars of the claim I would use CPR 31.4 (infering that they'd might as well send what I'd requested so that we could settle the matter). The third was on 26/7 and requested the documents under CPR18, this last one was sent special delivery and signed for on 27/7

 

The final request was slightly different in what it asked for and it would be this information that I need rather than what I requested in the first 2 letters.

 

Anyway, today I received a letter from the Claimant dated 26/7 and postmarked 27/7, saying that if I wanted the information requested in the letter of 2/7 I would have to pay them £85.

 

What should I do?

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You dont pay for a CPR request, is the above letter from the claimant or their Sols?

Write back to them (their Sols) and inform them that if they fail to respond their conduct will be reported to the Court handling the case.Also you will disclose their letter asking for said fee and raise the Pre Action p

Protocol p

Procedure in your AQ when costs come into question.

They are trying to be smart and pull the wool over you as a LiP.

 

 

Regards

 

Andy

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You dont pay for a CPR request, is the above letter from the claimant or their Sols?

Write back to them (their Sols) and inform them that if they fail to respond their conduct will be reported to the Court handling the case.Also you will disclose their letter asking for said fee and raise the Pre Action p

Protocol p

Procedure in your AQ when costs come into question.

They are trying to be smart and pull the wool over you as a LiP.

 

 

Regards

 

Andy

 

Hi Andy,

 

Thanks for commenting.

 

It's from the Claimant. No solicitors have been mentioned so far.

 

The letter they have chosen to reply to was sent before the issue date of the claim and didn't refer to any CPR's. Yes, they are trying to be smart.

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Just sent the letter saying I won't be paying the £85 asked for and reminded Claimant that they need to provide the info. otherwise I will inform the court they are trying to frustrate proceedings and deny me the opportunity to file a defence.

 

One other thing I said, which I'm now having doubts about, is that I have asked them to agree to a 28 day extension if they can't provide the information by 12th August. I have to file my defence by 17th August so things are very tight and I would like to spend some time with my son while he's off school. At the moment I'm constantly thinking of what I'm going to say in the defence and am not very good company. I have told the Claimant them to reply by 12th in regard to the request for an extension.

 

If I don't hear anything by 12th is there any way I can get the Court to grant an extension for filing the defence? My dealings with the court have been very worrying so far.

 

I sent a letter to them on 19th July, my ack. of service on 20th and another letter on 21st. I had to take a copy of my ack. of service over yesterday because they said they hadn't received it and they say they can't find the letters, but they may be in 'the pile waiting to be dealt with'. How on earth can you get a decision on an extension in time if this is how they operate?

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Just sent the letter saying I won't be paying the £85 asked for and reminded Claimant that they need to provide the info. otherwise I will inform the court they are trying to frustrate proceedings and deny me the opportunity to file a defence.

 

One other thing I said, which I'm now having doubts about, is that I have asked them to agree to a 28 day extension if they can't provide the information by 12th August. I have to file my defence by 17th August so things are very tight and I would like to spend some time with my son while he's off school. At the moment I'm constantly thinking of what I'm going to say in the defence and am not very good company. I have told the Claimant them to reply by 12th in regard to the request for an extension.That fine but but also check with the court re extension the Claimant may agree but not actuallt request same,therefore allowing you to submit your defence late.You can also request an extension yourself now that that you have informed the other party

 

If I don't hear anything by 12th is there any way I can get the Court to grant an extension for filing the defence? see above My dealings with the court have been very worrying so far.

 

I sent a letter to them on 19th July, my ack. of service on 20th and another letter on 21st. I had to take a copy of my ack. of service over yesterday because they said they hadn't received it and they say they can't find the letters, but they may be in 'the pile waiting to be dealt with'. How on earth can you get a decision on an extension in time if this is how they operate?

:rolleyes:

 

 

If extensions are refused then you must submit that defence on time irrespective of them having or not furnished said information.Try not to worry and let this consume you in the absence of information you will submit an embarrassed defence,thats all that is needed to halt the process of Judgment by default.Something they never expected you to do.

Now their work begins:cool:

 

Enjoy the time with your Son, thats priority, the above cretins will wait;)

 

 

Regards

 

Andy

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Thanks once again Andy.

 

I've just tried to PM you about an idea I want to run by you regarding my defence, which I don't want to post here. If you're happy to look at it could you temporarily enable receipt of PM's or PM me with an email address.

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Unfortunately I am not privileged to have that facility as it was disabled by the site team for some unexplained reason

 

Regards

 

Andy

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Unfortunately I am not privileged to have that facility as it was disabled by the site team for some unexplained reason

 

Regards

 

Andy

 

Might be worth contacting them, you have a very good reputation.

 

If you are willing to contact me then you should be able to email me. I have specified that my profile shows vcard info including my email address but haven't worked out where it gets shown yet. Perhaps it will be on this post.

 

Let me know if you're happy to do this.

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RGK just post your thoughts here in the open forum i will receive an email.You can then edit it instantly if you prefer it not to be on the open forum.

Any advise from me will be posted on the forum.

 

Regards

 

Andy

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  • 2 months later...

I think the Claimant is getting cold feet over this claim.

 

Today I received a N24 ordering the Claimant to file their allocation questionnaire within 7 days or the case will be struck out.

 

If the case is struck out, what is the procedure for me to claim costs?

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RGK you would have to inquire with your Court, should the claim be struck out, whether they would be prepared to make a wasted costs order in your favor.

 

Regards

 

Andy

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RGK you would have to inquire with your Court, should the claim be struck out, whether they would be prepared to make a wasted costs order in your favor.

 

Regards

 

Andy

 

Hi Andy,

 

This has now been struck out and I've spoken to the court twice and had conflicting advice. The first time I was told I would have to make a new claim the second I was told to send a N244 with a £75 fee and the Judge would make a decision.

 

I'm sure if I added all my time up I'd come to a figure representing over £200 at the £9.25 lip rate. I also bought 2 books on the small claim track.

 

Do you think this is worth the risk? There was no lba and the claim was made in response to me bringing a case against them at the Leasehold Valuation Tribunal in order to establish how much the debt is. It is clear that their demand is excessive (because it includes service charges going back further than 18 months) and as it stands they do not have the right to sue, although there is some talk of that being assigned to them. Part of the claim was also for service charges just recently demanded and still not due for payment at the time of the claim. I think they have acted unreasonably, it's just whether a Judge would agree.

 

If I decide to send in the n244, do I have to send an invoice to the claimant first? If so, how long should I give them to pay? Is there a time limit for sending in the n244?

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RGK if you have received the order is there any mention of costs.

 

 

Regards

 

Andy

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RGK if you have received the order is there any mention of costs.

 

 

Regards

 

Andy

 

Hi,

 

I have not received an order yet, I was told over the phone when I rang the court earlier today. I'm mainly worried about any time limits for applying at this point, that's why I didn't wait before bringing it up here. The court (Liverpool) are seriously behind with their case management and when I received a copy of the order giving the Claimant 7 days to fill in their AQ, it was dated 20/10/10, stamped by the post office on 25/10/10 and received on 27/10/10.

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Wait until you receive the Order that the claim as been SO.You have Upton 3 months after the judgment to consider your position and research and prepare.

Wasted costs orders are quite rare on Strike Outs but not impossible.

We could do with some help from you.

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Wait until you receive the Order that the claim as been SO.You have Upton 3 months after the judgment to consider your position and research and prepare.

Wasted costs orders are quite rare on Strike Outs but not impossible.

 

Hi,

 

I've not received anything from the court and have just phoned them and been told that they would be very surprised if I do receive anything.

 

I feel really annoyed about this. I spent pretty much the best part of the first 4 days after receiving the claim form researching what I should do about it and was very stressed by the time limits imposed. Since then I've spent even more time writing letters to the claimant and court and filing my defence. I feel as though I should be compensated. I am self employed and this has cost me.

 

What are my chances if I pay the £75 n244 fee?

 

John

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I've not received anything from the court and have just phoned them and been told that they would be very surprised if I do receive anything.

Utter nonsense RGK the court is at liberty to issue a Notice that the Claim as been struck out.

 

Regards

Andy

We could do with some help from you.

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In English litigation, courts have the power to remove the whole or part of a statement of case (traditionally referred to as a pleading). The power to do so may be exercised on the application of an opposing party in the litigation where (a) the statement of case (usually particulars of claim or a defence) does not disclose a cause of action, such that there is no reasonable ground for bringing or defending the claim, (b) the pleading does not contain a sufficient precise statement of the facts upon which the claimant relies, © inadequate reasons are given for a denial in a defence, or (d) the proceedings are an abuse of the process of the court.

The power to strike out may also be exercised of its own motion, without notice to the parties. Striking out particulars of claim and defences may also be ordered by courts as a measure to address repeated failures by a party to comply with case management directions, practice directions or other orders of the court.

Applications to strike out should be supported by evidence, unless the application is based solely on a point of law. The court is at liberty to treat a strike out application as one for summary judgment in order to finally dispose of issues that are unworthy of pre-trial processes and investigation. Such applications are properly brought prior to the filing of allocation questionnaires, and a defendant who files a defence on the merits in response to defective particulars of claim is at risk of being denied its application, as the application is inconsistent with defending the proceedings.

A court may be inclined to exercise its power to strike out the whole or part of a statement of case is where that statement of case discloses no reasonable grounds for bringing or defending a claim. Such cases include particulars of claim or a defence which:

  1. do not set out facts indicating what the claim is about,
  2. those which are incoherent and make no sense,
  3. those which contain a coherent set of facts but those facts, even if true, do not disclose any legally recognisable claim against the other party or do not amount in law to a defence to the claim, and
  4. are vexatious, scurrilous or obviously ill-founded. In making the assessment, the court will assume that each of the allegations pleaded are true.

When a strike out application is successful, either the proceedings are struck out in their entirety or some part of the pleading is struck out. A successful strikeout application may lead the court to enter judgment in favour of the other party, bringing an end to the issues and disputes before the court.

Strike out applications serve a similar purpose to summary judgment applications. Both types of applications are properly available in litigation which does not require full investigation and a trial. In respect to costs, the usual rule is the party whose statement of case has been struck out will be liable to pay the costs of the other parties involved in the litigation.

 

Regards

 

Andy

We could do with some help from you.

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OK, what can I do about it?

 

Incidentally, the order requiring the Claimant to send in a completed AQ stated "If you do not comply with this notice, your claim will automatically be struck out without further order of the court." Does that make any difference?

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