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    • DO NOT APPEAL, CEL are the most dishonst parking co in the country. their paperwork doesnt comply to the protocols of the POFA so you cannot be liable for the charge. Now in the meanwhile get on to KFC and ask them to get this cancelled but before you do check with the local council to see if CEL have planning permission for their signage and cameras. they do need it so dont be put off by some bod telling you it is deemed consent, it isnt. once you have found out that therer is no PP, let the KFC know that you are going to sue them for allowing CEL to process your personal data as they are merely the agents of KFC if the whole matter isnt dropped. Try asking nicely at first and them tell them about the big stick you will use. It will be KFC HQ, not the local branch that has the clout. If they dont do something then dont sweat over it and wait foe CEL to sned you some more begging letters. You can get soem pictures of the entrance to the land and the soganeg there once KFC have decided not to play ball
    • UPDATE. discontinued by Lowell donations will be arriving soon thank you Andy and Dx for putting up with me 
    • Personally I have always sent the CCA Request to whomever was chasing me because they do have a duty to pass it on to the creditor, however in this case maybe sending it straight to TSB would be good. make sure you keep copies of everything
    • That is somehting to shove home in your WS, VCS will claim that they areall one and the same but Companies house doesnt have any connection between any of simon R-S's businesses. If one was a subsidiary of anither then you can be sued in the name of a different co but that doesnt apply.  there is a previous court report on this on the Parking Pranksters blogspot somewhere. Copy it and use it in your defence
    • While I think Doyle will be used by many a DCA particularly if they are against a LiP, it really does depend on each case. For example, my old Capital One card gave a very specific process which outlined what would happen prior to a DN being issued and pretty much when it would be issued. As it happened they didn't issue a DN and Lowell lost in court.   Peoples opinions change rapidly on forums and I can't remember who said what about BMW v Hart although my view was always, to be on the safe side , the initial COA was the remedy date for a DN. Don't get me wrong, I would have tried six years from the date of the first missed payment if I had to but luckily I never did.   I think it is always very easy to play fast and loose with other people's claims , after all, the only thing that we will suffer if they lose, is our pride. If someone wants to defend a claim and they honestly have a case, all we can do is advise.    I also would, if possible take more than just limitations into court - you only need one thing to be on your side and you win- it is up to the DCA to prove they have all their ducks in a row. There is a lot more to enforceability than just the agreement.    
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As a novice in this area, I would be grateful if you would give me the benefit of your advice and list the most common mistakes made when pursuing a claim.

 

Apologies if a similar query has already been posted.

 

Many thanks

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Best advice is always have legal cover on your house insurance it costs less than 3 pounds a month extra and is well worth the money in my opinion:-D

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1. Make sure that you actually have a case

2. Make sure that you have solid evidence of what you set out to prove

3. Have a well drafted witness statement(s) that supports your claim

4. Make sure that the bundle contains everything that you need to take the Judge through your claim easily

5. Use discovery and disclosure properly in order to achieve Point 4

6. Compile good cross examination questions

7. Read and re-read the Respondent's witness statements in order to achieve Point 6 AND to prepare for every possible question that YOU may be asked

8. Be prepared to invest a huge amount of time in making sure that EVERY possible detail is covered

9. Abide by the Case Management Orders and keep a careful note of deadlines

10. Take advantage of whatever legal advice you are able to afford


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Don't ramble

Stick to the knitting - no lists of 300+ marginal slights and times people looked at you funny

Be clear on what law you feel has been broken and why.

Never ever ever invoke the Human Rights Act. It won't be a breach of it. It never is. It makes you look crazy.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Many non-lawyers approach Tribunals by trying to convince the Tribunal that you were treated unfairly and hoping that the law will back you up. This is the most common mistake I see and I think it is hugely damaging. You need to know what the law is - at least on a basic level - and use the facts demonstrate to the Tribunal why you have a legal claim.


PLEASE HELP US TO KEEP THIS SITE RUNNING

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Many non-lawyers approach Tribunals by trying to convince the Tribunal that you were treated unfairly and hoping that the law will back you up. This is the most common mistake I see and I think it is hugely damaging. You need to know what the law is - at least on a basic level - and use the facts demonstrate to the Tribunal why you have a legal claim.

 

Absolutely, stick to the main crux of the law you rely on.


George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

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