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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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redjax

Wheel clamped in my own resident parking bay

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Can anyone help me recover the £375 I have just been robbed of? I live in a block of flats owned by Hyde Housing and parked my car in my own residents parking bay, not realising that as I closed the door, the permit had blown off the dashboard onto the floor of the car. The clamper then appeared and clamped the car. I spoke to the guy who had clamped me and he said I needed to pay £125 to have the clamp removed. I can see understand that the permit should have been on view and technically I am liable for the fine. But to actually release the car I was forced to pay £375 because he had to cancel the tow truck, that was allegedly on it's way from another town!!! It never ever turned up. Is this modern day highway robbery legal and how the hell can I get my money back? Please help.:-x

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was the clamper some cowboy or someone working for a company?

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i though these were near to being outlawed...

 

if you paid by credit card

do a chargeback

 

dx


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Call your credit card company and tell them this was paid under duress


:???: what me. never heard of you never had a debt with you.

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Get onto youyr management company immediately, you may not have been the only one stung by these unscruplous people.

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and start a petition to get them removed. management company may say its 2 year contract etc.. that's between them and not the residences unless you were consulted


:???: what me. never heard of you never had a debt with you.

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If paid by credit card, as adviused immediately do a chargeback stating that the payment was made under fear and duress.

 

If you paid cash you only way to get YOUR money back is to sue both the clampers (who will never, ever, ever, ever, ever pay you a penny back) and the landlowners who contacted these bar stewards in the first place. Your are clamped under the law of TORT which is basically damages for you trespassing. Obviously you were not, so you are entitled to your money back.

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If paid by credit card, as adviused immediately do a chargeback stating that the payment was made under fear and duress.

 

If you paid cash you only way to get YOUR money back is to sue both the clampers (who will never, ever, ever, ever, ever pay you a penny back) and the landlowners who contacted these bar stewards in the first place. Your are clamped under the law of TORT which is basically damages for you trespassing. Obviously you were not, so you are entitled to your money back.

 

What about writing to the management company and telling them you will be deducting the £375 from your maintenance charges?

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Hi guys, thanks for the advise, unftortunately I paid by debit card and the people that hired this lot are the local housing association. Will have to get onto then, I think it's outrageous.

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You need it to take up with the housing association then.. Do it in writing that you've been ripped by charged for a nonexistent tow truck and that you hold them responsible for a refund.

These clowns have been known to get into cars and throw passes onto footwells. (episode 4 of fake Britain). If your sure it was in the windscreen. Tell them.

They employed the clampers so they are responsible. Tell them you are prepared to take the association to court.

Find out if any other tenants have been scammed

See what unpaid ccj,s the clamper has.

 

It will be a waste time dealing with the clampers. The association will try to send you to them. But refuse.


:???: what me. never heard of you never had a debt with you.

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Thanks for this is really is helpful. Are there any templates for letters on the site I can use?

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The "you owe extra for the tow truck that's on it's way" is a load of BS that the clampers commonly use. Notwithstanding that the clamping in the first place may have been unlawful, they cannot charge you extra for a truck that isn't there.

 

Even though you paid on a debit card, if you contact your bank, they may still be able to do a chargeback, given that you were forced to pay under duress to have your car released.

 

If they can't help, contact the landlord, in this case the housing association. Write a written letter of complaint. State that you had your permit and showed it to the clamper who did not release your vehicle. They are responsible for the actions of their clamping agents, so mention that if they do not refund your money, you will have no other option but to seek legal redress through the courts, and you will be holding them jointly responsible.

 

Not had much experience with template letters of this nature, someone else may be able to advise better.


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Remember that clamping is a remedy to trespass and requires consent.

 

You were not trespassing (you own a permit ie. written permission to park) and you did not consent to the act of clamping because nobody would intentionally hide their permit knowing full well it could result in being clamped.

 

Put this in writing to both parties, head it Notice Before Action and give them 14 days or else you will commence county court proceedings.

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and give them 14 days or else you will commence county court proceedings.

 

theirs some experts on county courts here.. if you get to that stage before commencing post it here


:???: what me. never heard of you never had a debt with you.

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Copy in the HA and if you do go to court name both the company and the HA as defendants.( the ha are the clampers employers )

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