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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • 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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Arkanara v A&L


arkanara
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Thank you all, you have no idea just what a relief it is to have such supportive people to rely on.

 

Thanks to you guys I shall hand in my Defence with a smile instead of a shaking hand, thats to both the court and the bank!!

 

I 'l keep you all posted.:)

 

Em.

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Hi all,

 

Defence and AQ submitted to Court on Friday.

 

When I arrived home I had received a letter from the solicitor dealing with the claim. Attached was a copy of the AQ they had submitted and it said they would look forward to receiving a copy of ours? I was aware I had to send them a copy of the defence but no where in my docs did it say I had to send them a copy of the AQ so I didn't. Will this go against us, have I made a big mistake?

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No don't worry .

You are not obliged to send a copy of your AQ to the defendent.

However you can send them one as a matter of goodwill.

 

Regards

 

MF5

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

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Just popped in to say good luck, you've been fantasically brave and many other would have given up long before now, so glad you have stuck to your guns and are seeing this through to the bitter end.

 

Won't be long now and hopefully Cumberlands will get their knickers in a twist by the mere fact that you have stood up to their bullying and intimidation!

 

Well done

9/8 - Discovered Consumer Action Group Site:D

 

RBOS - Personal Account

10/8 - S.A.R - (Subject Access Request) to RBOS

17/5 - Defence lodged by RBS

24/5 - Court date

21/5 - Offer received:rolleyes:

22/5 - Offer rejected

25/5 - New offer received and accepted!!!!!!

 

MBNA Credit Card

10/8 - S.A.R - (Subject Access Request) to MBNA

Feb 07 Received payment in full...Yeh!!!!:-D

 

RBOS Business Account

25/5 - May 07 - Statements received

23/7 - Offered received

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Thanks guys, it is really scary and without the support of everyone here I would never have been able to stick it out this far.

 

I hope your right Vonnie, i'm also hoping they didn't intend for us to stand up to them.

 

Time will give us the answer!!

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Arkanara.

 

Just remember this ........... It's you taking them to court not the other way round.All you have to lose is your court fees and a bit of time,the rest i.e the money they have already had from you.

 

As I like to say "don't let the tail wag the dog"

 

The way some of these banks and mortgage lenders carry on they can make it feel that way

 

Regards

 

MF5

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

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Hi all,

 

Nothing really to report but I came across something while I was looking through their AQ which has made me think a little. They have listed dates they cannot attend court, quite a few actually. Their solicitor must have alot of time off! Listing these is something that makes me think that they do plan to take this seriously and maybe attend court! Would this be unusual for a bank to actually go through with it and attempt defending the claim?

 

Thanks as always in advance.

 

Em

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It is unusual for the bank to take it all the way but you should always work on the assumption that it will go to court and make sure you prepare for court. The filling in of dates may well be a scare tactic, but ensure that you are ready should they decide to take it all the way. Cumberland BS is not a company that hasfeatured much on this site and its therefore difficult to gage their tactics. I'm aware of only one other who took legal advice after receiving the counter claim and was advised to abandon her case. So I would imagine they are expecting you to do the same. Its a matter of waiting to see who blinks first.

 

Stick to your guns and keep them on their toes.

 

All the best

 

Zoot

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Yes true.Yorkshire bank are known to issue counter claims too.

Its not the first time we have seen them giving unavailable dates.....like Zoot says they know you will read into this on the assumption that they are giving thoughts to attending a hearing.

They could also be considering applying for a telephone hearing. using the excuse that its more convenient for them.......seen more frequently in particular with Citi as Zoot is quite aware of.

Whatever the reasons behind this you should,as has been said,be prepared for all eventualities.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks both,

 

I have been making myself familiar with the court bundle and when/if a court date is received I will begin to prepare it, just a shame this is in my partners name as he isn't as confident about all the info like us who are avid readers of this site. Homework lessons due I think!

 

I assume that the the person who decided to take legal advise was advised to drop the case as she was not guaranteed to win, as no one has really been to court yet or because they have no gain in helping?

 

Thanks for the help.

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It was some time ago now and there was little knowledge on the site as to how to react to a counterclaim. Solicitors are not generally conversant or used to dealing with bank charge cases and it may well have been too much effort for them to take the case on, so the easiest advice for them to give would be to tell them to drop it. You can see the thread here:

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/14020-my-banks-filed-counterclaim.html

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You could act as your partners lay representative if it ever came to court and he agrees to it.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

I submitted a MCOL on 21st June and haven't got a date yet, although other things have happened like a stay and huge backlogs at my local court. It won't hurt to phone the court to find out what's going on though.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Finally I have something to report!!

 

Just spoke to the court and they've told me that a date has been set for a hearing, 2nd February. I take it my local courts are as snowed under as the rest! They said my partner should have a letter about it when we get home.

 

Court bundle to start then...

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It's official, finally received the letter. Hearing is set for 8th Feb, it said that mine would be heard back to back with other hearings. I assume this is no different from any other, I think i've read somewhere the same.

 

My court bundle has to be in by 12th Dec, doesn't give me much time to prepare it!

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Update:

 

The Cumberland have sent their court bundle today. Its just copies of their terms and conditions, copy letters they sent when a charge had been applied, two refund charge letters when two of the applied charges had been refunded, banking code leaflets etc. Nothing which argues that there charges are not a disproportionate penalty.

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Bundles handed in today, quite proud of them, especially in comparison to theirs! The only thing i've realised after handing them in is that I've page numbered the courts and my own but I didn't page number the banks. Is that ok?

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