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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Hello. I'm Jason and I have an issue with a letter I got today stating I ran a red light.

They state they have photographic evidence from an approved device, however I really don't remember doing that at all.

 

It states that the light had been red for 0.9 seconds.

 

They wish for me to fill out this form within 28 days informing them who the driver was to issue proceedings against me.

 

 

However on the reverse of the paper they answer some questions for you and under the part that says "I would like to see photographic evidence held against me" the police answer is "the evidence will only be produced during a court hearing" Surely I am entitled to see if they do have evidence of this before it gets that far?

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From when my son was involved in something similar, it is true that the police are not obliged to supply the evidence before you go to court however if you phone them and suggest that you can't remember who was driving at the time (it helps if there is genuinely more than one person who uses the vehicle) they may send the photos to see if they help.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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From when my son was involved in something similar, it is true that the police are not obliged to supply the evidence before you go to court however if you phone them and suggest that you can't remember who was driving at the time (it helps if there is genuinely more than one person who uses the vehicle) they may send the photos to see if they help.

 

Ok thank you. Also is there a way I can just pay the fine right now and accept the 3 points on my licence?, at the moment I have the letter asking for driver details and then they will inform me of either prosecution or a fine but if I offered now to pay a fine and accept the penalty points will they accept? or do I have to send that off and wait for their outcome?

 

thank you.

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Most forces will send out the offer of a fixed penalty after they after who was driving the car. For 0.9 seconds ito the red you'll almost certainly be offered a fixed penalty (3 points and £60) unless it's one of the forces which offers a red light awareness course (few quid more and half a day of your time, but no points) instead. If you'd been a long way into the red light, it's possible that they'd go straight to a summons instead, where it would still only be 3 points, but probably a bigger fine.

 

No, you don't have any right to see their evidence at this stage - at the moment you haven't actually been accused of anything, you've just been asked who was diving your car. You can ask to see the photos and they may or may not provide them, but you can't demand them unless you go to court.

 

Whatever you do don't miss the deadline for naming the driver - that's a more serious offence than running a red light, and could get you 6 points and a fine of a good few hundred pounds.

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Most forces will send out the offer of a fixed penalty after they after who was driving the car. For 0.9 seconds ito the red you'll almost certainly be offered a fixed penalty (3 points and £60) unless it's one of the forces which offers a red light awareness course (few quid more and half a day of your time, but no points) instead. If you'd been a long way into the red light, it's possible that they'd go straight to a summons instead, where it would still only be 3 points, but probably a bigger fine.

 

No, you don't have any right to see their evidence at this stage - at the moment you haven't actually been accused of anything, you've just been asked who was diving your car. You can ask to see the photos and they may or may not provide them, but you can't demand them unless you go to court.

 

Whatever you do don't miss the deadline for naming the driver - that's a more serious offence than running a red light, and could get you 6 points and a fine of a good few hundred pounds.

 

Thank you for your reply, What I'll do then is get that letter sent back to them either today or tomorrow and hopefully it will just be the fine and the points, I have a clean drivers licence and never been through a red before so hopefully that will count in my favour. Thank you guys for your help.

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and just a thought - for issues like this maybe a more discreet username would be in order? some kind of friendly, memorable but not too identifying alias that you aren't known by?

 

(Assuming you haven't already thought of that and this is actually an Alias that just looks like a real name)

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and just a thought - for issues like this maybe a more discreet username would be in order? some kind of friendly, memorable but not too identifying alias that you aren't known by?

 

(Assuming you haven't already thought of that and this is actually an Alias that just looks like a real name)

 

Hi, Thanks for the advice.

 

It is indeed my real name, however I tend not to add anything other than that online like my D.O.B, Location etc so if anyone wanted to find me they would have a very long list of Jason Reed's to search through lol.

 

Thanks again :)

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one of that long list taught me to drive and always went on at me to be more prepared at traffic lights regardless of colour - I'm assuming you aren't him :)

 

I know a name alone isn't much to go on - but if people have you on record regarding something like this it wouldn't take too much for them to sniff around the usual forums on a fishing expedition and put 2+2 together.

It's probably more likely that the private parking folks would be more likely to do it than a council or the police, but anything people can do to not make life easier for people giving them a rough ride has to be a good thing.

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