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    • receipt converted to PDF and added to last post      
    • Well I really don't know where to begin with this. I've spent hours trying to figure out what to put but it seems that every witness statement is different depending on the exact circumstances. I know that I shouldn't put all my cards on the table but I don't know which ones to hold back and which ones to get rid of altogether.   This is what I have so far...   I, XXX of XXX am the Defendant in this case. I make this statement in support of my defence again the Claimant, Civil Enforcement Ltd.   1.       CEL make it impossible for defendants to discuss PCNs with them or their representatives:              A.       On the 26th Nov 2018 I received an unexpected PCN from CEL. I immediately went onto their “Contact Us” page, which stated that operators are available to speak to during normal working hours (see appendix 1 - THIS IS JUST A COPY OF THEIR CONTACT US PAGE). I tried calling numerous times to discuss the matter but regardless of what time of day I called there was no option to speak to an operator, only an automated system to pay.              B.       When I received a debt collection notice from ZZPS (see appendix 2 - COPY OF LETTER) the letter instructed me to call them on 01932918916.                      14th Mar 2019 - I tried calling several times and have a call recording I can play for the court to show that it was impossible to speak to anyone. Instead I was played the following automated message: “The party’s call minder belonging to 01473478289 is full and can’t accept any more messages. Please try again later. Goodbye.” The call then hangs up.                     19th Mar 2019 - I tried again at several times throughout the day and this time a message played thanking me for calling ZZPS and asked me to hold. It then rang for 2 minutes before repeating the same message. This happened over and over again. I have two recording that I can play for the court showing this to be true, one that lasted 9 minutes and the other for 10 minutes before each time giving up.            It appears that there is some unreliable call routing in place meaning that I had no way of contacting CEL or ZZPS as they both advise.   2.       CEL failed to produce any of the documentation I requested in writing, which obstructed me from making a decision on how to proceed with this case:             A.       On the 3rd Dec 2018 I completed CEL’s online Appeals Form (see appendix 3 for a saved copy of the submitted form - ATTACHED TO THIS POST). CEL responded (see appendix 4) but failed to answer any question, stating that GDPR prevented them from doing so.             B.       On the 14th Aug 2019 I sent them a CPR 31.14 Request letter (see appendix 5). CEL did not respond.   3.       According to Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, only signage older than 10 years is deemed as having consent granted.   CEL has changed its signage 3 times within the last 10 years, which can be clearly seen from Google Street mapping images:            A.       2018 – Present: Signage stating 1hr free parking (appendix 6a)            B.       2012 – 2017: Signage stating 3hr free parking (appendix 6b)            C.       2008 – 2012: Signage stating 2hr free parking (appendix 6c)   CEL’s current signage was installed at some point during 2018 but according to Stockport Council’s online planning applications search system no planning permission was granted. I believe the signage has therefore been erected illegally, which makes it impossible to enter into a contract with them.   4.       CEL has also added legal costs to their claim, which is not recoverable within the Small Claims Court.   I believe that the following facts stated in this Witness Statement are true.   Have I made a complete balls-up of this or am I going in the right direction? I thought it might work in my favour if I try to show the judge that I made every reasonable effort to resolve this without going to court but CEL purposely make appeals as difficult as possible. Perhaps none of that matters. Not sure. 🤔 Appeal Text.pdf
    • This will be ok for you to offer the final 1 month's fee you should have paid :-   Dear Harlands,   I refer to my membership at [town/city] gym.   The DD mandate was cancelled after the June 2019 payment was made and this was notice of my intent to cancel the gym membership.   I now realise I should have left the DD Mandate open to pay a final month's fee for the notice period.   Please confirm your bank payment details and a reference so I can pay you the £xx.xx to end this matter. I will not pay any admin fees added by Harlands. I will only deal with this matter in writing, not by phone.   My offer is valid for 14 days only and will be withdrawn if you demand any higher amount.   Yours sincerely,
    • seems like your payment issue is not just your error      
    • don't think there are any moriarty represented threads here whereby if the defendant turned up the defendant lost the case. moriarty never appear in court.   there is a very comprehensive mediation sticky in the homepage of this very same forum yours is in   there is also a custom google search which comes up after hitting our top squares logo   moriaty claimform   might be useful to use there.        
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poppy&lucy

Barclays bank!!!!!!!!!!!!!!!!!!!!! !!!!

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Hi all,

 

Have a Barclays business account, in the last 18 months I've been knocked bandy by commision fees and referal fees in total 4,200.00. When we were banking monies every week the bank would honour all our payments to our suppliers even with funds clearing down. We've been with them since 2006 never had a problem until the last 2 years. They started to return our cheques to our suppliers saying that we didn't have cleared funds in the account at the time. They debited the same day 35.00 commision fee and added a 30.00 referal also. So when our funds did clear we never had enough to cover a suppliers payments. Why can they take funds for themselves same day when it's not cleared:!:.

We rang our business manager to ask him and he said "they had been accused by Goverment of reckless lending" how come we said when you could always see that we had funds clearing down. Even there clearing on a in house cheque (same sort different account number) has change used to be same day "instant". One client paid a deposit for work, we banked it one week and it went straight into our account. Then when we completed the work 2 weeks later and paid the balance into our account it took 3 days. We factored this into paying our suppliers but again we picked up charges. We asked how come this has gone from instant to 3 days, they said "security reasons", and that it had been clearly advertised. I could go on and on and oooooooooooooooooooooooon! about these modern day Dick Turpins. Would like to get the money back because it can't be right that they can strip you out of funds when it is not there's in the first place.:mad2::mad2::mad2::mad2::mad2::mad2::mad2::mad2::mad2::mad2::mad2::mad2::mad2:

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Thats Barclays for you mate, i'm in the same position not for as much as you 1.2k of which half is charges but they just dont give a ****e as the 9ml bonus has to be paid to the big gaffa.

 

dont really know what to do, i SAR them and request is on the way so i take it from there.

 

let you know the outcome

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It's very interesting at the mo, my business manager (useless) explained to me that it was at his discretion into what would be paid from our account if funds were clearing down. He choose to pay nothing but took charges straight away from the uncleared funds for me but cleared for them. Can't stand them, wrote two letters to them the first reply was a geniric reply and the second they didn't even reply. If I did this everytime to a customer I would be broke, but then they are the modern day Dick Turpin. As they say "greed is legal":|:|:|:|:|:|

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Yes mate Thiefs, you will see in the future when you have a few bob they will suck up to you and want to lend you money etc.etc, disgusting vermins these bankers. you need to be a special breed of inhuman specie to become one.

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On my account they have added a middle name that is not mine at all? what concequences could that have?

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if its not made you financially suffer by adding a name dont see what you can do ?

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