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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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Lloyds TSB/Robinson Way/Horwich Farrelly - Advice Please?


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Hi, guys,

 

 

Hope you're all well. I've not been on the site for a little while due to energy sapped dealing with another hefty DWP form,

but I'd really be grateful if anyone can advise on the latest, and hopefully last, dca conundrum (another situation I'm unfamiliar with).

 

As usual I've tried searching the forum but with the cca thing changing I can't quite get my head round what I should do next.:oops:

 

It's a Lloyds TSB debt (loan) that I cca'd for OH, when dca Apex was demanding. They never provided a CCA and the debt got sold on.

 

Now Robinson Way is demanding for the same debt and without being cca'd has provided an application form only, no agreement.

They are threatening doorstep visits and/or court with what looks like an in-house solicitor Horwich Farrelly (who use the same address as RobWay).

 

I have written saying the account is in dispute. Should I cca them anyway despite an application form already being provided? Or is it best to SAR Lloyds?

 

 

Many many thanks in advance & again apologies for not being able to give more of my time back to CAG. I will donate when I can.

 

 

Best to all,

H.xx

That the birds of worry and care fly above your head, this you cannot change. But that they build nests in your hair, this you can prevent. --- Chinese proverb

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check his cra file

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks again for advice but Callcredit was fiddly and for some reason neither CC nor Experian would accept a perfectly working debit card.... will order by post

 

Cheers for your help:-)

That the birds of worry and care fly above your head, this you cannot change. But that they build nests in your hair, this you can prevent. --- Chinese proverb

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  • 4 weeks later...

Hi again,

 

Credit report rec'd today, can you tell me what I should look for? According to it the disputed debt was defaulted in 2007 and Lloyds still own it, Rob.Way appear to be in charge of threat-o-grams.

 

Also had letter from Horwich Farrelly 'sollicitors' (writing from Rob.Way address) instructing OH to request CCA from OC, perhaps this is first shot to be fired over the bow...?

 

Thank you again for all your help.

That the birds of worry and care fly above your head, this you cannot change. But that they build nests in your hair, this you can prevent. --- Chinese proverb

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a fake/tame soliditor wanting you to cca the OC because they are obv not sure the debt is his?

 

two words!

 

when does the cra file you made the last payment?

 

thats the SB date clock start

 

dx

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Says default date is July 2007, even though the last payment made before account went into dispute was May 2011, which is not mentioned in report....

 

I'm going to have a search for more info on CRAs (I'm easily confused these days).

 

Thank you again.

That the birds of worry and care fly above your head, this you cannot change. But that they build nests in your hair, this you can prevent. --- Chinese proverb

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so its had payment made on it

 

thatsa interesting

 

why is the credit file not showing payments made?

 

is that the case?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so its had payment made on it

 

thatsa interesting

 

why is the credit file not showing payments made?

 

is that the case?

 

dx

 

It is. None of the items on the Experian credit report - this is my first experience of using one - show any payments whatsoever, even though token payments had been made every month like clockwork, until CCA requests not fulfilled, since 2007. (Originally paying on 11 accounts, 10 in dispute, only four of the disputed debts show on report.)

 

All but one give the same default date: 2007. The exception gives a default date of 2006.

 

Also shows OH being on mortgage for marital home, when his ex has taken him off (divorce finalised 2010).

 

Maybe a screw up on Experian's part?

Edited by Hwyl56
extra info

That the birds of worry and care fly above your head, this you cannot change. But that they build nests in your hair, this you can prevent. --- Chinese proverb

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It is. None of the items on the Experian credit report - this is my first experience of using one - show any payments whatsoever, even though token payments had been made every month like clockwork, until CCA requests not fulfilled, since 2007. (Originally paying on 11 accounts, 10 in dispute, only four of the disputed debts show on report.)

 

All but one give the same default date: 2007. The exception gives a default date of 2006.

 

Also shows OH being on mortgage for marital home, when his ex has taken him off (divorce finalised 2010).

 

Maybe a screw up on Experian's part?

 

 

just my 5cent......check equfax as well...I had only been checking Experian which shows one default, but Equfax shows a CCJ listed from 2008 which I was not aware off, so the Experian report is different was a lot different than the equfax

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and noodle too

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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just my 5cent......check equfax as well...I had only been checking Experian which shows one default, but Equfax shows a CCJ listed from 2008 which I was not aware off, so the Experian report is different was a lot different than the equfax

 

Cheers, adenjago... will have to wait, haven't got energy to deal with it at mo'...

 

dx, what do you mean, please, by 'noodle'?

That the birds of worry and care fly above your head, this you cannot change. But that they build nests in your hair, this you can prevent. --- Chinese proverb

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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