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    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
    • 1 Date of the infringement 16th March   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received unsure   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.   Have you had a response? [Y/N?] post it up Yes, rejected:   Site: Sea View Car Park, PL27 6SR Date of Event: 16th March 2024 We are in receipt of your challenge in relation to the above Parking Charge. Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error. As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'. 'The Contract' also details that there is an exception for those with a valid mobile session in place. Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'. Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined. We note that you have submitted evidence of payment; however, said payment is not for this location. It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay. In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter. Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to. Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter. 7 Who is the parking company? Alliance Parking LTD   8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall   For either option, does it say which appeals body they operate under. IAS Hi there, thanks in advance for any help on this.   Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense. I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.) I only had receipts for two instances so I assume the first it didn't go through as had terrible signal. Paid £60 for one of the fines. Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.   Have now received the attached letter of claim. I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance. LOC-alliance-1.pdf Apologies, 2nd page of LOC here. LOC-alliance-2.pdf
    • Would still like to see the court bundle  Any part ex as deposit or any deposit paid on the agreement does imo count towards the one third or the half in the case of a VT
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Court Claim Received from Aplins for MBNA CC


BT2505
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Hi, I need a bit of help with my defence for a claim received from Aplins via Hillesden/DLC.

 

A long story and I'm not sure how much you need to know but in brief:

 

2009 CCAd MBNA for sight of original agreement for a credit card I had with them

and despite them not supplying anything,

and following the timelines in the CCA putting them into dispute,

they continued to use various companies to try and get me to pay my account but sent nothing.

 

Eventually, they defaulted on me and then sold on the debt to Hillesden/DLC without ever satisfying my CCA request.

 

Since then I have had an on off relationship with DLC

- them writing to me threatening to take legal action against me for the Financial Facilities I had with them

and me saying I owed them nothing and asking for proof of debt etc,

 

all after reading advice discussed on this forum, in cases similar to my own.

 

This for the last couple of years with months of inaction in between.

 

All I have ever received is a poor photocopy of an application form and sets of T&Cs that they have assured me would have been in force at the time

- although no dates on them to verify that!

 

I refused to pay them and eventually I received the claim from The Northampton bulk centre.

 

I have already acknowledged service in the 14 days,

declared my intention to defend in full

and CPR'd Aplins for the docs they intend to rely on in the action.

 

Today an envelope from DLC dropped through the door with the same docs that they have sent many times before

with a letter saying they have fulfilled my CPR 31 request

- pay up or we will see you in court.

 

This is quicker than I assumed from reading other posts but hey ho time to start putting together my defence.

 

What info is needed to help with this please.

 

First time in Court and although I am not too concerned :|

I would like to have all my ducks in a row so to speak.

 

Just re read this and realised it may not appear that brief - sorry!

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Hi BT and welcome to CAG

 

The devil is in the detail perhaps post up your CCA (less any identifiable date ) for others to comment ..if you could also do the same for the Particulars of Claim.

 

What date did your agreement commence?

 

Regards

 

Andy

We could do with some help from you.

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Hi andyorch, thanks for getting back so soon.

 

By CCA do you mean the credit card application which they sent? I will scan in both in the morning for comment.

 

The agreement started Feb 05

 

Thanks again

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set your default scan page size to A4 less than 300DPI [150 will do]

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 monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

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

..

 

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.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

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

.

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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Hello again,

whilst awaiting your thoughts on the above

 

- would like your advice on the following please...

 

.. just had the second letter through from DLC with "Notice of Default Sums".

 

The first dated May 13 was for £100 for "Litigation Cost"(Debtor) and

 

the second today dated June 13 for a further £30 for "Litigation Cost"(Debtor)!

 

Can anyone explain why and if these sums are allowed whilst the account is in the position it is at the moment?:???:

 

If not how should I answer them

 

- if at all?

 

Thanks as usual for any and all help.

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no don't answer them

 

they cant really charge you lit costs until they win

 

which they wont.

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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Hi guys, I have 11 days till my defence has to be in - any views on my post above with the CCA and Claim particulars please?

 

I am not in a panic but not sure hong long a defence takes to put together and don't want to be late with its submission,

 

Cheers

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Hi BT ok I have unapproved your uploads ..you have left your MCOL password on the summons ..if you could remove and re post.

 

Ok the agreement is pants and is without the prescribed terms or little else...being pre 2007 this could be unenforcible.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Thanks Andy, I thought I had removed it it but looks like I converted the wrong version. I still see it on my earlier post though - is it blocked from other people?

 

Will redo and repost in the next post.

 

Cheers

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Hi Andy hope this version is ok

 

[ATTACH]44503[/ATTACH]

 

 

:thumb:

We could do with some help from you.

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Not particularly BT just keep an eye on your time line now and update your thread if anything further transpires.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Not particularly BT just keep an eye on your time line now and update your thread if anything further transpires.

 

Regards

 

Andy

 

 

Hi Andy, something has transpired as I have been putting my defence together and researching the paperwork therefore I could do with some guidance please.:oops:

 

The date on the POC for the agreement, supposedly signed by me on the said date, is at odds with two previous application forms received from the claimant, indeed the one supplied under my recent CPR is not my signature (although it looks like it has been attempted!!) and the date is different from the other two by 6 days. :???:

 

The POC says I "failed to meet requests for payment" however, I was within my rights to withhold payments whilst account in dispute.:-x

 

Furthermore MBNA sold it before the time given by default notice to remedy elapsed.:-x (dated 9th remedy by 26th! 3 days for second class =12th giving me 14 days however 7 days later sold) My copy of the DN and the one supplied under CPR are different in the layout and header - although the wording is the same.:???:

 

The amount claimed increased due to default charges added by MBNA even though the account was in dispute..... so how do I answer the wrong amount? :???:

 

Sorry for so many questions.:roll:

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Hi BT

 

Let me just reply to your post firstly...playing devils advocate and challenging the above as could be by the claimant.:-

 

 

" The date on the POC for the agreement, supposedly signed by me on the said date, is at odds with two previous application forms received from the claimant, indeed the one supplied under my recent CPR is not my signature (although it looks like it has been attempted!!) and the date is different from the other two by 6 days.

 

The forged signature may be useful particularly if you were to disclose different versions at Standard Disclose

 

The POC says I "failed to meet requests for payment" however, I was within my rights to withhold payments whilst account in dispute. Mmmm yes and no you simply refute that statement as to why you failed to meet the requests.

 

Furthermore MBNA sold it before the time given by default notice to remedy elapsed. (dated 9th remedy by 26th! 3 days for second class =12th giving me 14 days however 7 days later sold) My copy of the DN and the one supplied under CPR are different in the layout and header - although the wording is the same.

It is most probably a reconstituted version ...most creditors do not retain a copy of the DN...only proof that it was issued.

 

The amount claimed increased due to default charges added by MBNA even though the account was in dispute..... so how do I answer the wrong amount? " They would simply refer you to the T&Cs that you agreed and charges applicable in default...unfair as they seem you did agree to then at the time

 

 

Now what's your defence defence? :wink:

 

Regards

 

Andy

We could do with some help from you.

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Slightly changed from my original where I suppose I gave too much info....:oops: keep powder dry as discussed by you in previous threads.

 

 

Defence:

 

1. Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with the MBNA Europe Bank Limited. Notwithstanding, it is also accepted that the agreement was unlawfully rescinded by the Original Creditor before any lawful Assignment.

2. Paragraph 2 is admitted but it is denied that MBNA ever served a Default Notice pursuant to the CCA1974.

3. Paragraph 3 is admitted regarding the Notice of Assignment. The Claimant isput to strict proof to:

 

(a) show service of a valid Default Notice and proof of delivery

(b) show how the Claimant has legal right by way of the Credit ConsumerAgreement and Terms and conditions applicable

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. Incorporated within the sum demanded by the Claimant are sums claimed for administration fees, late payment charges and like provisions. It is denied (ifit be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by the Claimant by reason of late payment. The Defendant avers that the incorporation of such claims is penal and unenforceable at law.

 

5. By reason of the facts and matters set out above, it is denied that theClaimant is entitled to the relief claimed or any relief.

 

Statement of Truth

 

 

I believe that the facts stated in this defence are true

 

How does that look please?

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" Notwithstanding, it is also accepted that the agreement was unlawfully rescinded by the Original Creditor before any lawful Assignment."

 

Expand on the above please BT and the grounds that is is made on?

We could do with some help from you.

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Do you mean to you Andy or add to the Defence?

 

Anyhoo, the DN was dated 9th and posted 2nd class remedy date was given as 26th - however, the alledged debt was sold on on the 19th. I assumed (hopefully correctly) that that is unlawful and therfore the assertion above - am I correct?

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No there is nothing to stop an assignment at any stage ...during or after a dispute or issue of a Default Notice.(during to allowed time allowed rectify any breach)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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No there is nothing to stop an assignment at any stage ...during or after a dispute or issue of a Default Notice.(during time allowed time allowed rectify any breach)

 

so I take that out then?

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