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    • My case is adjourned to this Month. I'm about to send out my Supplementary Witness Statement. Could someone please check if the following is efficient? My court cost is now over £1000 as it was adjourned 3 times  Thanks!   Supplementary Witness Statement to address the new case exhibits introduced at the hearing on 10 November 2020   VCS v Ward  1.       This case is often quoted by the claimant as assisting their case. However in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location. Both involve flawed reasoning and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest.  Semark-Jullien Case  2.       Whilst it is known that another case that was struck out on the same basis was appealed to Salisbury Court (the Semark-Jullien case), the parking industry did not get any finding one way or the other about the illegality of adding the same costs twice. The Appeal Judge merely pointed out that he felt that insufficient information was known about the Semark-Jullien facts of the case (the Defendant had not engaged with the process and no evidence was in play, unlike in the Crosby case) and so the Judge listed it for a hearing and felt that case (alone) should not have been summarily struck out due to a lack of any facts and evidence.  3.       The Judge at Salisbury correctly identified as an aside, that costs were not added in the Beavis case. That is because this had already been addressed in ParkingEye's earlier claim, the pre-Beavis High Court (endorsed by the Court of Appeal) case ParkingEye v Somerfield  a. (ref para 419): https://www.bailii.org/ew/cases/EWHC/QB/2011/4023.html  ''It seems to me that, in the present case, it would be difficult for ParkingEye to justify, as against any motorist, a claim for payment of the enhanced sum of £135 if the motorist took the point that the additional £60 over and above the original figure of £75 constituted a penalty. It might be possible for ParkingEye to show that the additional administrative costs involved were substantial, though I very much doubt whether they would be able to justify this very large increase on that basis. On the face of it, it seems to me that the predominant contractual function of this additional payment must have been to deter the motorist from breaking his contractual obligation to pay the basic charge of £75 within the time specified, rather than to compensate ParkingEye for late payment. Applying the formula adopted by Colman J. in the Lordsvale case, therefore, the additional £60 would appear to be penal in nature; and it is well established that, in those circumstances, it cannot be recovered, though the other party would have at least a theoretical right to damages for breach of the primary obligation.''  
    • I'm ready to reject Hermes offer and issue the letter before claim. I've registered on the MCOL website and filled in my claim with the below particulars.   Should I tick the box to send the particulars directly to the defendant?   Should I also tick the box for the right to claim interest. If so do what date would I put for when the money became owed,  what is daily rate of interest up to the date of judgment?    Thanks again      
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
      I opted for mediation, and it played out very similarly to other people's experiences.
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
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      Many thanks, stay safe and have a good Christmas!
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Is there a way to ascertain from a DCA if a debt is statute barred?

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All good advice as far as I can see.


But dp77 - in your initial post, you say that this is with regards to a very old credit card debt. Presumably, if this card was taken out before April 2007, then the original creditor or and subsequent DCA would be obliged to produce the original and fully enforceable agreement in order to be able to proceed with any court action to recover amounts they claim to be due.


Without that, it's just bluster and you can, as advised above, send the SB letter. Correctly worded, that shouldn't restart any SB clock.


By the time they've muddled through it all, more than likely, the whole thing will be past the SB date anyway. Problem solved. ;)


Good luck!


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I would say an SB letter is the way forward here.


If the following is correct the debt statute barred: 6 clear years with no payment or written acknowledgment of the debt,send this it DOES NOT AKNOWLEDGE THE DEBT SO DOES NOT RESTART THE YEAR CLOCK.


To the Compliance Manager



Ref: use theirs.




I refer to recent correspondence regarding an alleged debt for £xxxx.xxx which you claim is owed by me, please take note I do not acknowledge any debt to xxxxx or any company it may claim to represent.


I have taken the opportunity to review my credit history and have concluded that any such alleged debt is statute barred, therefore I will NOT now or at any time make any payment or offer of payment in regard to the alleged debt.


I remind you that if xxxxxxxx disputes the status of the alleged debt the onus of providing unequivocal proof that the alleged debt is not statute barred lies entirely with your company, statements that ''mystery''payments were made at any time are not acceptable as proof that any such payment was indeed made.


I am fully aware of the OFT Guidance on Debt Collection 2003/2012 and the sections regarding the pursuit of statute barred debt.


XXXXX will now cease to process all data relating to me and remove it from its records.




Send by RM Recorded Delivery.

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Hi (Halibutt)- That is correct, the agreement would have been from pre 2007 and I know for a fact they don't have the original agreement, or even a scan of it. They could possibly reconstitute one, but it wouldn't hold up in any due process. I learned the hard way not to take these things personally and that firing off letters and spouting consumer law can get you into trouble, so I'm inclined to let it go.


I managed to negotiate my way out of a truly dire debt mountain a few years ago and the only creditor I couldn't reach agreement with was the one I choose to argue with. I got totally stitched up, fake agreements, scans posing as originals, offer letters "lost" in the post, court papers mislaid, outright lies on witness statements, lost payments, fake charges, just about everything you can think of, from a high street 'name' lender as well. If I'd had a decent lawyer I could have nailed them but I couldn't afford one and they knew it. Relying on the Judges mercy at a hearing after a plea of "I've been stitched up" was not an option.


I won't send a letter or enter into communication of any kind unless it's absolutely necessary and even then I try to avoid the template stuff, simple, impersonal and don't pretend to be a lawyer.

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Well it's your choice of course, but if you want to be rid of this one and for all the letter drafted is NOT a template and is desingned for your situation.

One way of establishing if a debt is statute barred is, is it on your credit files? If it is not the entry was removed on the 6th anniversary of the defaut date, so as the cause of action ie the date a payment was due and not made after which no further payment was ever made is often 5-6 months before the default date one can conclude the debt is statute barred..

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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