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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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Argos Card debt - from lowell to scotcall


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and their reply to my email is

 

As part of the credit agreement that you signed and entered into, you agreed to repay the full outstanding balance and that where necessary, the creditor could recover the debt by outsourcing the debt to a third party, which included by way of doorstep collection.

Therefore the license you state that has been revoked is irrelevant, which for the avoidance of doubt we do not agree to, is not binding on us as it does not fulfill the relevant principles of contract law.

We are entitled by law and under contract to recover monies outstanding and we are allowed to take reasonable steps in accordance with regulatory guidance to recover such monies.

Please advise how you will proceed with payment

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you have removed the right of access they now step foot on your property its trespass, call the police and get them arrested, ignore the reply, I suspect they stuck out a mardy lip and stamped their foot when they read your reply. I had similar reply from scotcall a few years ago when I sent the bog off letter and they did turn up so I rang the police they were escorted off the premises by police, (and told to go away by them too) and the funny thing is the copper asked me for a copy of the letter to read so printed her one off, she said "you never know when you might need one eh?" Scotcall never contacted me again

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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and their reply to my email is

 

As part of the credit agreement that you signed and entered into, you agreed to repay the full outstanding balance and that where necessary, the creditor could recover the debt by outsourcing the debt to a third party, which included by way of doorstep collection.

Therefore the license you state that has been revoked is irrelevant, which for the avoidance of doubt we do not agree to, is not binding on us as it does not fulfill the relevant principles of contract law.

We are entitled by law and under contract to recover monies outstanding and we are allowed to take reasonable steps in accordance with regulatory guidance to recover such monies.

Please advise how you will proceed with payment

 

I wonder who gave snotcall this stupid idea, it is a meritless statement as you are in now way obliged to discuss personal financial matters with an itinerant oik who turn up on the doorstep!

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

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Send that foolish email from Snotcrawl to the OFT and TS, these clowns are hilarious, typical incompetent bully boy attitude, always wanting the last word.

 

If it were me on the receiving end of such an immature email, I'd be inclined to respond with,

 

Dear Bill&Ben,

 

Thank you for your email which I received on dd/mm/yyyy the content of which has been noted.

 

For the avoidance of doubt on your part, and to make it crystal clear so you may understand, your email claiming that the 'license' I quoted, is irrelevant, has raised some eyebrows when I produced it to a Police Officer at my local station. They are now aware of your interpretation of Law, and have advised me to ring them should you still feel it necessary to send your employee to my property.

 

The OFT and Trading Standards have also received a copy of your email, and I have no doubt they will be in contact, and will certainly question your fitness to hold a consumer credit licence.

 

If there is anything you fail to understand, please seek immediate legal advice, your permission and rights of access to my property ARE revoked whether you agree or not, any of your employees who stand on my private property, will be removed by the Police.

 

Valid even if not read by you...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Send that foolish email from Snotcrawl to the OFT and TS, these clowns are hilarious, typical incompetent bully boy attitude, always wanting the last word.

 

If it were me on the receiving end of such an immature email, I'd be inclined to respond with,

 

Dear Bill&Ben,

 

Thank you for your email which I received on dd/mm/yyyy the content of which has been noted.

 

For the avoidance of doubt on your part, and to make it crystal clear so you may understand, your email claiming that the 'license' I quoted, is irrelevant, has raised some eyebrows when I produced it to a Police Officer at my local station. They are now aware of your interpretation of Law, and have advised me to ring them should you still feel it necessary to send your employee to my property.

 

The OFT and Trading Standards have also received a copy of your email, and I have no doubt they will be in contact, and will certainly question your fitness to hold a consumer credit licence.

 

If there is anything you fail to understand, please seek immediate legal advice, your permission and rights of access to my property ARE revoked whether you agree or not, any of your employees who stand on my private property, will be removed by the Police.

 

Valid even if not read by you...

 

To the point = good one, another salvo to those goons.

:mad2::-x:jaw::sad:
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:madgrin:

Send that foolish email from Snotcrawl to the OFT and TS, these clowns are hilarious, typical incompetent bully boy attitude, always wanting the last word.

 

If it were me on the receiving end of such an immature email, I'd be inclined to respond with,

 

Dear Bill&Ben,

 

Thank you for your email which I received on dd/mm/yyyy the content of which has been noted.

 

For the avoidance of doubt on your part, and to make it crystal clear so you may understand, your email claiming that the 'license' I quoted, is irrelevant, has raised some eyebrows when I produced it to a Police Officer at my local station. They are now aware of your interpretation of Law, and have advised me to ring them should you still feel it necessary to send your employee to my property.

 

The OFT and Trading Standards have also received a copy of your email, and I have no doubt they will be in contact, and will certainly question your fitness to hold a consumer credit licence.

 

If there is anything you fail to understand, please seek immediate legal advice, your permission and rights of access to my property ARE revoked whether you agree or not, any of your employees who stand on my private property, will be removed by the Police.

 

Valid even if not read by you...

On form again Boo:madgrin:

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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Its been a while, I know it's childish, but sometimes you just have to hit back and play them at their own game.

 

Akin to 'anything you can do, I can do much more callow'...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I would love to be in their office tomorrow when they read it LOL........

 

Ha ha, fly on the wall! :faint2:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well I have always believed in standing up to a bully....just with that lot I didn't know how, I do now LOL thanks again BB.

 

A reply like theirs deserved it. My son has just had a laughing fit I have never seen the like of, and is no longer worried about my being here on my own and unwell. I wont answer the door to anyone now unless I know them/expect them. I suffer with Bipolar Disorder and my anxiety levels can go from 0-100 in seconds, despite meds and therapy. I also have FMS and now just recently a diagnosis of Diabetes, which my GP believes to have been brought on by the shock of my Mothers sudden and unexpected death late last year. My blood pressure is through the roof and my list of meds grows by the week lately. So I didn't really need scotcall knocking on the door.

 

I really appreciate your help and have had to smile at the thought of them reading that in the morning.

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Your very welcome.

 

What they fail to tell you is that this is simply a petty catalogue debt that has no priority what so ever.

 

They try and make it sound as if it is the most important thing and should be dealt with last week, but in actual fact, the only people it' important too are these lot chasing it, money to them is like oxygen to the rest of us, they think that if they don't get their ill gotten gains they will shrivel up and die, the chance would be a fine thing!

 

Even IF, and by god that is a very BIG IF, it ever got in front of a judge, even they wouldn't force you to pay more than a £1 a month.

 

Snotcrawl like to talk the talk, but can't walk the walk, they simply rely on debtors lack of knowledge and use threatening words in their puerile missives, all in an attempt to intimidate people into paying money they don't owe.

 

Forget them, concentrate on yourself and your health, these clowns come at the very very bottom of your list of things to do, if at all!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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:wink: Well they haven't replied this morning.....they were very quick yesterday. Glad I sent it. Give them something to think about.
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well scotcall really don't agree lol I had a letter today, totally ignoring my email, same old threats that if don't pay up in full in 7 days the door step collecter will be calling to discuss this debt....I have now emailed OFT for clarification and sent the email from scotcall telling me their take on the law. I don't think the amount is right which is why I am not paying anything, I cant find any paperwork on it and I doubt they have any either. I guess I should send a cca request, I will do that tomorrow.

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Silly Snotcrawl....

 

Keep a camera or video camera handy at your front door just in case one of their commission paid powerless trespassers turns up, film his sorry behind and watch him scurry away..

 

Ignore them now, they are clearly ignoring your correspondence so you just need to reciprocate.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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This lot really are a peice of work lol....regular weekly emails now ....they're still sending their doorstep collector......he must have got lost on the way lol

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Just mark their emails as Spam and send it to the junk email box.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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