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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.
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    • 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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Mortimer Clark - old HFC marbles card


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Hi in need of some advice from here once more.

 

I have a cc j dated October 2007 which i defended and lost even though there was no credit agreement. (about £12k)

 

Then to make things worse i had a charging order applied against my property.

 

I have today had a letter from Mortimer Clark which says;

 

As we have not been able to reach an amicable arrangement to settle the balance outstanding, we have instructed Marston High Court Enforcement Officers and Certified Bailiffs to act on our behalf in this matter.

 

 

My question is do they not need to go back to court to take such action or does the existing CCJ entitle Mortimer Clark to do this ?

 

Quite worried about this one.

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Mortimer Clark must get a Warrant of Execution hand it to bailiffs, no warrant from the court no action.

 

Have you failed to comply with the judgement order???

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The judgement order was strange one and made to reference to repayment from memory , i will dig it out tonight and double check.

 

They also quickly obtained a charging order and so turned an unsecured debt into a secured one. :x

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Was the CO placed on condition that you made regular agreed payments or was it a forthwith order for immediate payment?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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could just be a clever threat-o-gram

 

marstons are also DCA's

 

does the letter actually mention the CCJ / CO?

 

you certainly dont get discounts on a CCJ

 

and if they have a CO

 

there is no-need to push for payment.

 

weird...

 

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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The letter makes no mention of the judgement or charging order.

 

My feeling is why would a court grant a warrant to recover the money via a bailiff when a charging order has already been obtained ? or maybe my understanding is too simplistic :)

 

thanks for the replies

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So this was just a letter from her personally, it is very difficult to advise if the facts are not clear.

 

Yes if a CO is in place and was made subject to the defendant making regular agreed payment and the defendant does not adhere to the judgement order the claimant can ask for a warrant.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Ok a Forthwith order that was never met, the obvious reason for the enforcement action now is that the CCJ has been inplace 6 years in October.

 

MC must stiil apply for a warrant bailiffs cannot act without one.

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This is what I find confusing I would have thought that an order for sale would have been their choice, goods to satisfy 12k even if you have say a flash car.

I am at a loss as to what their plan is.

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Thanks for that , it seemed odd they never wanted anything other than a charging order.

 

This debt was with CCCS and they managed to forget to pay this one month even though i had sent my usual monthly sum and manged to pay the other debtors .

 

They (HFC) then through Restons solicitors immediatley went for i CCJ , i defended saying the added fees and charges were unfair (another £3k on top of the £12k) Judge agreed but judged on rest even though no agreement other than a statement was produced.

 

I had better send them a letter and find out what their intentions are, so far the have offered a 25% discount and then a Bailiff threat in same week.

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something smells badly here...

 

how the hell did pestons manage to get a ruddy CCJ with no paperwork.

 

the judge wants shooting,.

 

anyhow who got the CO?

 

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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MC must stiil apply for a warrant bailiffs cannot act without one.

 

If I may butt in for a mo. If a CCJ has gone unpaid then it may be transferred to the High Court for enforcement, if for more than £600 - there is no need to get a Warrant of Execution first. Providing it is within 6 years then a HCEO can be appointed.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

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Hi in need of some advice from here once more.

 

I have a cc j dated October 2007 which i defended and lost even though there was no credit agreement. (about £12k)

 

Then to make things worse i had a charging order applied against my property.

 

I have today had a letter from Mortimer Clark which says;

 

As we have not been able to reach an amicable arrangement to settle the balance outstanding, we have instructed Marston High Court Enforcement Officers and Certified Bailiffs to act on our behalf in this matter.

 

 

My question is do they not need to go back to court to take such action or does the existing CCJ entitle Mortimer Clark to do this ?

 

Quite worried about this one.

 

Just bailiffs mentioned so far in MCs letter, I see your point.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

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i reckon that that MC letter is just a threat-o-gram

and marstons are in their DCA mode here

no relation to the cases nor the fact they are bailiffs.

 

can you scan it up please

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

DO IT IN PAINT.EXE or any photo editing program

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

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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I will upload the right file this time :(

 

Sorry too small please follw dx100s instructions.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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