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    • You do realise all your pers details are shown in file info/properties?   It's why our upload guide states use pdf only    Dx
    • Remember that your hearing is for set aside, and only for set aside.   The judge couldn't give a monkey's whether your defence is legally sound and able to beat the fleecers on every point.  That's for the judge for the final hearing much later down the line.  The judge will want to know    - if you have a serious reason for not defending the first time around, and    - if you have a defence.   That's all.  Oh, and you didn't faff around for months before applying for set aside.   Therefore it occurred to me that forcing motorists to queue up in shops to get vouchers to then faff around at machines to input codes, rather than just, er, allowing two hours free parking, could be construed as an unfair term under the Consumer Rights Act "notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer".   To a large extent at this stage it doesn't really matter if I'm right or wrong or clutching at straws, the judge just wants to see an series of bullet point you intend to argue in your defence.   If you do include it I now see the Act is 2015. not 2019.
    • This is the letter I sent to P.E.on behalf of my friend, who is a work colleague.  P.E.sent nothing that was requested, and instead sent a letter which is the one posted in this read.  here is what I sent to P.E.     Dear Sir/Madam,                                  Before I am in a position to decide what to do with this pcn, please supply me with the following documentation, no later than 10 calendar days from the receipt of this letter.   1.Please supply a  full unredacted copy of your agreement with the land owner allowing you to enforce parking regulations. Unless of course, CEL are the legitimate landowners, in which case I require a copy of that proof as registered with the land registry. If however,CEL are not  the legal landowner of the said land, then you will have failed to constitute a contract with the land owner giving you the rights to enforce parking on the site.     When considering wether you are the legal land owner, and entitled to the stated fee, please bear this in mind:-  2.If CEL are not the legal land owners, then your penalty charge would be deemed illegal under the Unfair Terms in Consumer Contracts Regulations 1999,if you are not the legal registered landowner. It is also an unfair term according to the Consumer Rights Act 2015 regulation 62(4) October 1 2015.   3. I require you to provide me with a breakdown of how you reach the claimed figure. Please be aware of Judge McIlwaines comments in VCS v  Ibbotson Case No 1SE09849 16.5.2012 (transcript in the public domain), where judge McIlwaine said  “Parking charges cannot include business costs which would occur whether or not the alleged contravention took place”.   Based upon that evidence, I suggest that the amount claimed is excessive and is being enforced as a penalty for allegedly parking. The parking charge does not represent a genuine pre-estimate of loss, and therefore is unfair as defined in the Unfair Terms in Consumer Contracts Regulations 1999. The charge is also, nearly double that of what a council parking charge would be.   I believe there is no contract with the landowner that gives CEL the legal standing to levy these charges nor pursue them in the courts in their own name as creditor.   4. Supply  me with documentation showing how or where I formed a contract with CEL.I don’t recall entering into a contract wether fomally, verbally, by phone, text, email, or in person. Signs do not help CEL and drivers to form a contract.CEL, I believe, are only an agent who may or may not be the legal landowner as registered with the Land Registry.  Excel -v-HMRC 2012 is the binding decision in the Upper Chamber which covers this issue with compelling statements of fact about this sort of business model.   5. CEL have not said wether the pcn is for damages for trespass, or a contractual sum. Please specify which it is.   6. I do not believe that CEL have planning permission to erect signage (or the cameras) at this location),required under section 2a, town and country planning act,as defined in the Information Commissioners code of practice, book, updated October 2017.Here is the section you need:-   “Given the significant amounts of information that ANPR systems are able to collect, it is important that individuals are informed that their personal data is being processed. The best way to do this is through signage explaining that ANPR recording is taking place and, if possible to do so, the name of the data controller collecting the information.   While it is a challenge to inform motorists that they are being monitored, there are methods you can use, such as the Town and Country Planning Act (control of advertisements) Regulations 2007, to help provide this information (see section 9.1.2 for further detail)”. You will find this on page 34, section 5 of the said handbook. If  however, you do have planning permission from the local council to erect cctv/anpr cameras and signage,, then please forward me a copy of the planning permission granted. I also require a copy of the approved planning application, approved site plan and schedule of installation and maintenance of the signs, and cameras.   7. Do not try and frighten me into paying by quoting the Supreme  Court case of Parking Eye V Barry Beavis. Here is some information before and since that case.:- Parking Eye actually pay a fee to the landowners of the car park in question in the SC case, which is why no other cases using this case have gone to county court.  Furthermore,Judge J J Maloney did say in his case that he is “ only a district Judge and each case would be different depending on its issues”. Either provide me with all the documentation I have requested, in the time scale stated, or simply  cancel your actions.                                                   Yours Sincerely   Obviously i changed the name from CEl to Parking Eye.   For a windscreen ticket.docx
    • Good evening   Have something of nothing really to tell   BigMW - I received an email yesterday from the business manager requesting that I attend in person...rather ironic considering I'm imobile hhmmm....   " If you require further information could you please come to site and present valid ID.  The purpose of this is to prevent fraud"   I would deem this an unreasonable request!! Firstly it's taken 36 days to respond, why isn't my drivers license feasible?  Please advise here   Creation Finance -  Received Docs from Sar request - Doc confirming pcp attached....What do you think?   Further to the above, I should have heard back from their investigation (20/05/2022) . I've heard absolutely nothing!  Do I at this point send a nudge email to them or just go straight to FOS regarding both parties?   Thank you     PCP contract_.pdf
    • SAR, yes do both, could be useful for cross referencing   The dates you've given for moving abroad also change from your original post so the more info you can gather the better   Also, there's quite a few questions you haven't answered that could be useful.    
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Link Claim Forms -MBNA debts


Prudence
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Hi, does anyone know if Andy is around? I need to send to the Claimant and the Court "documents upon which" I wish to rely, statements of all witnesses etc.

Could someone please help me sort out what I need to send here. I was thinking of sending a copy of the SAR documents I received fromLink. I have already sent the PPI calculation spreadsheet with my counterclaim.

Can anyone advise please, as I have to send them off tomorrow? Many thanks. Oh, and as for witness statement - there is only myself. Do I need to send one and if so how will it differ from my Defence document?

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Pru, he doesnt appear to be around at the moment.. did you send a private message? I could leave a message on ST notice board for you.

 

Are you having to send the documents or a disclosure list ?

 

Disclosure list.

 

It is my understanding that you have to list everything that you have mentioned or hope to rely on, in your disclosure list.

 

Then you swap them - then you both have the opportunity to request copies of documents off each others lists.

 

If it is the actual documents that require sending then.. exactly the same - you need to copy 3 times.. 1 for the court - 1 for the opposition and one spare (as you will also have the originals and they must also be taken to court) The Spare is also a good idea because it has been known for either the Judge or the opposition not to have their copy and you will be obliged to hand yours over ?

 

If you havent disclosed/mentioned a document - you WILL NOT be allowed to rely on it in court.

 

HTH

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Mike, CB, thank you very much to responding to my distress call!

Yes, I have PM'd Andy so I know he will reply as soon as he is able. I don't know how you all do it, you give so much of your time to people, it is really heartwarming to see how many people you have helped. And you obviously have your own lives/ issues to deal with.

OK, I will put together the documents. Good point re the extra set. No they do not mention the word "Disclosure" - what is the difference between 'sending documents' and a 'disclosure list' ?

Many, many thanks, Pru

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N265 Standard Disclosure Pru?

We could do with some help from you.

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Hi Andy,

Do I need to complete that form? On the notice it just said "the parties must file at the Court and serve on the other party not later than 14 days before the hearing the following: (a) copies of all documetns upon which they wish to rely (b) statements of all witnesses (this includes both the Claimant and the Defendant) upon whose evidence you wish to rely. The statements shall be typed dated and signed by the witness and stating that he/she believes that the facts stated in teh witness statement are true." etc etc

How should I set out my witness statement?

Many thanks, Pru

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Yes Pru the N265 which you can download.Prepare 2 sets one for the Claimant and one for your file.With regards to WS if you have not prepared one or been told to prepare one then there is no inclusion.

Check your Notice of Allocation and directions of the DJ.

 

Regards

 

Andy

We could do with some help from you.

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I have made a few notes Pru but appear to have miss placed them .....give me an hour to clear the desk:wink:

We could do with some help from you.

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Hi Pru

 

As far as the interest is concerned, it doesn't have to follow what the bank's T&Cs are.

 

Each day the bank have had your money they have made profits on it so you are entitled to compound your interest daily. You don't even need to use their own interest rate, you can use a higher rate because not only have they taken interest from you but they have also loaned that money to others who would have paid interest as well.

 

This is where the unjust enrichment comes in because if the items on which you are claiming are unlawful then any profits earned by the bank on those items ( and the interest they charged you ) are unjust and they should be relieved of those profits.

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Hi Pru

 

Just got in from work and got your latest PM.

 

Hope you are sorted now.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 2 weeks later...

Ok they are rather vexed at the application to amend the defence and the reason is not that they did not receive a copy but because their WS is now insignificant without your error.Hence the bolstered Skelly.

Stand your ground tomorrow Pru don't be side tracked or blustered by their council, stick to your defence and your claim, if you are not sure of anything ask for them to explain if you are at a loss for anything request an adjournment to seek further advice.

Don't let their council lead the DJ. question everything.

 

I wish you well

 

Regards

 

Andy

We could do with some help from you.

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Hi guys, just to update, don't want to say too much but my case was adjourned (my request) for me to seek further legal advice, which I am. I need proper legal representation as nothing was accepted from me, which I will now be seeking. Even when there was doubt it was 'assumed' the other side were correct. It was quick shocking actually. Pru

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