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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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Airways LHR - WAW 18-12-2010 cancelled


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Dear all.

I have an issue with BA about canceled flight BA0846 on 18 December 2010.

This was going for over a year now, at first I tried claim compensation and out of pocket expenses (cab fares, and extra money which I paid for new ticket with another airline) via BA website - unsuccessful.

My next step was Air Users Council, they tried at least get BA to pay cab fares to and from airport, BA refused to cover even that.

So right now I`m going through Small Claims court.

Filled claim on-line, I did make some mistakes, at first I`m the only claimant, there was my wife and my child traveling with me, but BA solicitors ( DLA PIPER ) in defence state as follow:

`The claimant is the only person named in the claim form an normally should be the only person entitled to recover in relation to the same in the absence of any claim which the claimants wife may wish to issue against the defendant arising out of the same set of facts.Additionally, the claimant also seeks to recover compenstation in relation to his infant daughter. BA will not oppose any application by the claimant to amend his claim form in order to join his wife and daughter into proceedings as co-claimant.`

What should be my next step according to this?

Secondly because I was filling form on-line there is not a lot space claimant can use to explain, can I do it now and send it with `Allocation questionnaire`? Will judge take it into consideration?

 

 

Ok now some facts.

Flight was scheduled at 8.15 a.m, BA notified me by text at 6.47 a.m about cancellation , we were about to drop luggages.

I tried to contact them by phone about 8-10 time but was unsuccessful so we decided to go back home and book another tickets with Ryanair for Monday.

Ba in defence states:

`It is admitted that early on 18 December 2010, BA and LHR airport authority BAA, were notified by the Met Office of forecasted cold weather and expected snowfall which would impact operations at LHR. The cold weather heavily reduced capacity at LHR and effectively closed the airport at 13.50 hours. A total of 83% of flights were cancelled on both 18 and 19 December 2010 as the cold weather conditions continued.`

`BA were unable to operate the flight due to the disruption caused by the weather conditions at LHR with the result that there was no flight crew available to operate the flight due to pilots being delayed on their inbound flights to LHR.`

At this time there was no snow at all at the airport, some flights were cancelled but some not, so how can they use the weather at LHR as a defence?

Is unknown where pilots got stuck, I can imagine they had to stay in Warsaw because one of the BA flights been cancelled day before.

Also BA failed to refund money for tickets as required by regulation they should do so in seven days, they refundet on 12 January claiming that was done ASAP.

 

If someone can help that will make me happy I would like to win at least part of the claim, any chances?

I have until 02 April to return `Allocation questionnaire`.

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Hi Boloney, Honeybee13 as asked I look in on you.

 

With regards to adding your Wife and Daughter as claimants you need to make application vis a vis N244 and quote you seek to amend the claimants names as xxx xxx xxx (3 Claimants ) pursuent to CPR 19

Practice Direction 19A - Addition and Substitution of Parties http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part19a

 

You can state additional information within the AQ (N149) in the " other " section to assist your claim.

 

Regards

 

Andy

We could do with some help from you.

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Hi Boloney, Honeybee13 as asked I look in on you.

 

With regards to adding your Wife and Daughter as claimants you need to make application vis a vis N244 and quote you seek to amend the claimants names as xxx xxx xxx (3 Claimants ) pursuent to CPR 19

Practice Direction 19A - Addition and Substitution of Parties http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part19a

 

You can state additional information within the AQ (N149) in the " other " section to assist your claim.

 

Regards

 

Andy

thanks Andy.

Can I state additional information later? Or sending AQ is the last paperwork I will be sending to them?

 

Regards

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Yes you can expand further in your Witness Statement that both parties will exchange simutainiously.

 

Regards

 

Andy

We could do with some help from you.

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Yes you can expand further in your Witness Statement that both parties will exchange simutainiously.

 

Regards

 

Andy

When will be time for this?

And also what about this (3) the signed, written consent of the new claimant to be so added or substituted.

My daughter is 18 months so she can't Sing it. Should I do it, my wife or both of us?

 

Regards

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With your AQ there should be a Notice of Allocation with directions on when what etc.Yes just you and your wife will be claimants.

 

Andy

We could do with some help from you.

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With your AQ there should be a Notice of Allocation with directions on when what etc.Yes just you and your wife will be claimants.

 

Andy

I have't got anything like that, only notice of allocation and AQ. So should I post AQ and worry about ws later or should I post it with AQ?

Thanks

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The Notice of Allocation, which you state you have, should have further directions, timetable dates, when to submit your WS when to disclose etc.you are only completing your AQ for now.

 

Andy

We could do with some help from you.

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The Notice of Allocation, which you state you have, should have further directions, timetable dates, when to submit your WS when to disclose etc.you are only completing your AQ for now.

 

Andy

Just checked again and all what I Have is information where to send it, where hearing will take place and copy of defence.

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Apologies boloney the court will issue the Notice of Allocation (N153) on receipt of your completed AQ.This will give you further detail on how the case will proceed and what track and when to submit your WS.

So just complete the AQ and return it on time .

 

Andy

We could do with some help from you.

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Apologies boloney the court will issue the Notice of Allocation (N153) on receipt of your completed AQ.This will give you further detail on how the case will proceed and what track and when to submit your WS.

So just complete the AQ and return it on time .

 

Andy

Thanks Andy

I was wondering if I lost something :)

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Hello again.

 

Is there any chance the minicab company will help you with receipts, do you think? I can't remember if you know them or not, but I've managed to get our local minicab people to do new receipts for me.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hello again.

 

Is there any chance the minicab company will help you with receipts, do you think? I can't remember if you know them or not, but I've managed to get our local minicab people to do new receipts for me.

 

My best, HB

I did speak with them today, but they don't keep records for that long and they can't issue copy of the receipts without checking on the system.

one more question :) when I will Have to pay more money for hearing, etc. Will that happen after I submit witness statement or before?

Just hoping that ba my try settle the case. :)

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Hello again. That's a shame about the receipts.

 

You need Andy to look in and answer your questions, he's the guru. If he doesn't arrive today, I would think he'd be here tomorrow.

 

HB

I will wait for him.

Thanks for help :)

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I did speak with them today, but they don't keep records for that long and they can't issue copy of the receipts without checking on the system.

one more question :) when I will Have to pay more money for hearing, etc. Will that happen after I submit witness statement or before?

Just hoping that ba my try settle the case. :)

 

Hi Boloney,

 

You make payment with your application, you only complete Witness Statements after allocation.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi Boloney,

 

You make payment with your application, you only complete Witness Statements after allocation.

 

Regards

 

Andy

hi Andy

I paid 60 GBP, is that all or I will Have to pay extra for hearing, etc?

Regards

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hi Andy

I paid 60 GBP, is that all or I will Have to pay extra for hearing, etc?

Regards

 

Court summons fee, AQ fee and N244 application fee, assuming you win you claim these costs from the defendant/s.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 2 weeks later...

Hi again. Just got letter from BA lawyers offering me £85 for cab fares, £60 court fee and £165 in BA vouchers for settlement.

Should I bargain with them?

As you know I Lost cab receipts, so now is pointless going to court really.

Anyone has any experience with simular case, any chances get some more from BA?

Thanks for any advice.

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If you are going to use BA again then not a bad deal, they have refunded your ticket price, paid for the Cabs and court costs and offered a voucher, depends if you just want this to drag on I suppose. I would say as long as you are no longer out of pocket accept their offer.

 

You could try asking for more but if they refuse and you go to court you might get less, pound notes to aggro ratio, is it worth it.?

If I have been of any help, please click on my star and let me know, thank you.

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If you are going to use BA again then not a bad deal, they have refunded your ticket price, paid for the Cabs and court costs and offered a voucher, depends if you just want this to drag on I suppose. I would say as long as you are no longer out of pocket accept their offer.

 

You could try asking for more but if they refuse and you go to court you might get less, pound notes to aggro ratio, is it worth it.?

 

I must concur with AB.

 

Andy

We could do with some help from you.

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If you are going to use BA again then not a bad deal, they have refunded your ticket price, paid for the Cabs and court costs and offered a voucher, depends if you just want this to drag on I suppose. I would say as long as you are no longer out of pocket accept their offer.

 

You could try asking for more but if they refuse and you go to court you might get less, pound notes to aggro ratio, is it worth it.?

Case is if I accept the voucher at the end of the day that will cost me more money :) I will Have to buy ticket for my wife and two kids :)

They don't really suit me to Poland where I may fly again because BA destination is far from krakow.

Court case is risky due to lack of cab receipts.

I think at the moment this is the only solution.

Thanks for you help.

Andy thanks for your help as Well.

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Hi again.

What do you think if I replay to BA asking for £165 cash instead of the voucher, or £300 in the voucher.

Any chance they will accept this offer, anyone had previous experience settling case with BA?

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