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    • Hi,   Is anyone able to help with a refund for Pitman courses?   In 2017 I signed up for the Executive PA Diploma and completed a total of 3 modules, due to center opening times and closing at short notice which even saw me turning up at the center when it was closed, due to not being notified it would be shut.   I spent alot of money on this course and have to stress that it has left me in financial difficulty since, I did not complete the course also due to personal circumstances being a carer and having mental health issues. However on some given days I would be notified that the center was shut due to external exams.   Does anyone know about proceeding for a refund, I willing to take it down a legal route.    Please note I have contacted the franchise center and been told I will not be issued a refund by them, however I am due one.   Thanks  
    • Okay I have just started to write a draft to put together as defence:   In The County Court   Claim No: XXXXXXX Between XXXXXXXXXXX (Claimant) -and- XXXXXXXX (Defendant) ____________ DEFENCE ____________ 1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. 2. Based on the deficient Particulars of Claim, it is believed that the claim relates to a purported debt as the result of the issue of a Parking Charge Notice (PCN) to the driver of the vehicle XXXX XXX, parked at XXX. 3. It is admitted that the Defendant was the registered keeper of the vehicle in question, at the time of the alleged issuing of the Parking Charge Notice (PCN). 4. The Particulars of Claim does not state whether they believe the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the Particulars of Claim do not meet the requirements of Practice Direction 16 7.5 as there is no mention of anything which specifies how the terms were breached. 5. It is denied that: a) A contract was formed b) There was an agreement to pay a parking charge. c) That there were Terms and Conditions prominently displayed around the site. d) That in addition to the parking charge there was an agreement to pay additional and unspecified additional sums. e)The claimant company fully complied with their obligations within the British Parking Association Code of Practice of which they were member at the time. 6. The Defendant did not enter into any ‘agreement on the charge’, no consideration or communication took place between the parties and therefore no contract was established. 7. The Defendant denies that they would have agreed to pay the original demand of £100 to agree to the alleged contract had the terms and conditions of the contract been properly displayed and accessible. 8. Due to the sparseness of the Particulars of Claim, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct. 9. Further and in the alternative, it is denied that the claimant’s signage set out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.       Statement of Truth: I believe that the facts stated in this Defence are true. Name Signature Date     I need to add that there is no contract with the company, I am unable to confirm terms and conditions as you need to display the permit whilst using facilities on site, the car park in question is free,  the £60 fine was unlawful, the parking company have no proof of loss, they are abuse of process, I wasn't named as being the driver, I have no PCN or any of their solicitor until the claim form came through the post. 
    • scroll up to  ericsbrother post of February 10    a good start.   dx      
    • you have now said twice in posts you have been fined. that shows you haven't been reading up here on private parking claimform threads at all.   use our custom google search box that comes up after you hit our top squares logo.   type in   PCM Claimform.   theN READ as many threads as you can.   you should spot that when people file a defence  its one that has about 3 - 5 simple very basic short lines. and that is one that is applicable to the claimant and the type of parking claim in their poc they are making    you don't file early!!   you have 2 weeks to work this out   post it up here 1st please    
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  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  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . 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 [1 in the count]
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Hi

 

A Section 21 is **alleged** to have been served "personally" by my landlord. However, this was genuinely not received, and the date of alleged "service" is during a time when I was actually staying in a hotel in Birmingham, hundreds of miles away.

 

Anyway, I filled in the defence form and sent it back.

 

Got the following response from the court:

 

Before District Judge XXX sitting at XXX County Court

 

IT IS ORDERED THAT

 

Dispute as to service of NSP

List on notice ELH for 20 minutes for directions.

 

Hearing is set for XXXX at XXX at XXXX County Court.

 

Questions:

 

1) What is the aim of the directions hearing?

2) What outcomes can come from a directions hearing, can eviction or claim struck out be ordered?

3) What is NSP?

 

Thanks!

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I assume it is to determine whether s21 was properly served by hand and when.

If LL has proof (photos or ind witness statement) that Notice was served by putting it through your rented property letterbox then it will be deemed served. You do not have to have been in. Time & day of delivery will affect actual date of service ie after 4.30pm then served next working day.

The Court does not oder an eviction at this stage, only grants LL a repo order for a future date IF the s21 is valid. I would expect that to be at a new hearing, but go prepared.

If the s21 was not served correctly, Judge should direct it should be re-served. IMO

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What grounds has the LL given in the section 21 notice, the whole matter will depend on this and determine if an appeal will be appropriate.

 

I went through this in 2010 and I appealed the notice, To simplify and answer your questions........ at the directions hearing (done by telephone) the Judge outlined what track my appeal would be heard under and what paperwork was required by the Court. My case was allocated to fast track and a two day hearing,

 

WD

 

WD

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WD No grounds are required for a s21 (no fault).

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My apologies, it was a section 24 notice I appealed in 2010 in regard to a commercial premises.......I need to go to spec savers or better still just wear my glasses for the purpose I have them....reading!!!!

 

WD

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