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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.    
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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Private parking court summons!


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Hi,

my local post office car park has a private firm filming cars entering and leaving and the time limit to stay is 30 minutes.

 

I have a small business and regularly visit twice in a day.

 

Back in March i went twice in one day and

 

a few weeks later received a letter with 2 images of me entering and leaving the car park and claiming I'd stayed for 6 hours

when actually the image was of me entering on my 1st visit and leaving on my 2nd.

 

I wrote back to say this was the case and asked them to review their footage as I'd been twice

and I was told that they had and that I'd still outstayed the limit (which I hadn't).

 

I went through the appeals channels and

 

yesterday received a court notice to say I was being chased for money.

 

It also stated that their solicitor had written to me requesting payment but I never received that letter.

 

Although the amount they're asking for is about £250 (which I can't really afford)

I partly feel that I should pay it to save hassle

but on the other hand I'm really angry that I'm completely innocent

and am being bullied into paying money for something I haven't done.

 

I don't have any proof of being at home in between visits on the day in question

so I really don't know where to go from here

 

- can anybody help?

 

Many thanks...

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They are a very "tame" company who don't usually take people to court. I am sure somebody will be along soon to help you with a good, sound defence. Are you sure they are proper (stamped) court papers and not just a letter threatening to take you to court?

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Hi (and welcome)

 

I think that once you acknowledge service (which you should do) and FULLY defend(which you will do) they may just back down.

 

As it's the weekend, advice may be limited

 

Can you post up word for word what the Particulars of Claim are (minus identifying detail and reference numbers)

 

Are Premier Park the claimant or the Landowner (if not PP)

 

I don't believe PP can issue claims on their own behalf if they don't own the land in question.

 

Please read as much as you can on other ANPR companies (parking Eye being the main one)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi, thank you.

 

Premier Park are the claimants but not the landowners. The particulars are as follows:

 

1) The claimant's claim is for the sum of £156.90 being 150.00 for monies due for breach of contract by the Defendant in respect of which a breach of contract notice has been issued by the Claimant to the Defendant (as referred to below) and the sum of £6.90 interest.

 

2) On (DATE) at (TIME) the Defendants vehicle (the Vehicle) was parked at (LOCATION) which is private land the Claimant manages. The Vehicles registration is XXXXXX. The Vehicle is a (MAKE OF CAR) and Vehicle is registered to the Defendant. The Defendant entered into a contract with the Claimant when they entered the premises and parked their Vehicle on the Claimant's property that they manage.

 

3) A breach of contract notice numbered (NUMBER) was issued by the Claimant to the Defendant on (DATE) in respect of the Vehicle in breach of the following terms and condition(s):

 

Condition 25, Exceeded maximum stay period.

 

The terms and conditions are prominently displayed on the premises the Claimant manages.

 

4) The Claimant's solicitors sent letters before action to the Defendant before proceedings were issued to attempt to recover the outstanding amount.

 

5) Further the Claimant claims interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum from the date of the breach to the date herein namely the sum of £6.90 and continuing interest at a daily rate of £0.03 pence per day until Judgement or sooner payment.

 

That's it - they've got number 2 wrong as the vehicle is registered to my husband not me and I also never received a letter from their solicitor but that may be because they sent everything to my old address.

 

Thanks again for reading this!

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Unless PP have an agreement with the landowner that they can act on their behalf, PP cannot sue.

 

While this post

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?390479-REceived-Court-Papers-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***&p=4272973&viewfull=1#post4272973

 

is to do with Parking Eye, the actions should be the same

 

Plenty of reading for you :roll:

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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As you know the times of your visits and how long you were there for on each occasion write to the company and do a Subject Access Request under the DPA for all images that will contain your vehicle or yourself at these times. Cost you £10 but add the cost to your counterclaim. Whist you are at it, if you know the people in the post office ask them if they will give statements to say that you were in twice on that day. What were you doing at these times, do you pay for postage in cash or by traceable methods like debit card. There will be a time stamp on the transactions and your bank will provide this for you.

Have you had any other correspondence with this company between then and now other than what you state?

You can fill out a court form demanding the images as evidence but make sure that you demand all of the frames visible at the time you arrived and left on each occasion, so for example continuous footage from 11.00-11.10 and 16.00-1610 otherwise they will edit what you get to fit their claim. If they refuse to do this then that should be written into your defence.

Other parts of the POC can be dealt with by following the guide given in the sticky but it would be betetr if it was knocked on the head before then.

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Thanks that's brilliant. For the subject access request, would I write to their solicitor to request this or directly on the defence form for the court? It says it takes up to 40 days but I only have 28 days to prepare my defence.

 

Yes I have just checked my statements and there are 2 post office visits on the day in question so that's good - I will ask my bank to confirm times.

 

No, the only correspondence I've had is the process they gave me for appeal - requesting an appeal number then sending the appeal form.

 

The only other thing I was concerned about is that my husband forgot to register the vehicle to our new address so we only found out when we received the first claim that had been re-directed. I know we could be fined for that but I'm guessing it's separate from the small claims court?!

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They are claiming "breach" of contract rather then trying to claim for a contractually agreed sum, that would be a penalty. They if they have the right to sue would be entitled by a breach of contract to be returned to the position they were in before the allege breach was committed. So in a free car park that would be £0.

If they are going to relay on the CCTV evidence they would need to produce the complete unredacted images from your first entrance to the second exit.

 

As ericsbrother has pointed out try and find as much evidence of you using the post office twice, were you posting tracked items, or signed for items, these have a time of receipt on them.

 

Once a good defence is offered I would wager they would drop it or not turn up.

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For SAR you write to the parking company directly and emclose a cheque for £10. let them know this cost will be added to your counterclaim. Your 28 days for defence is purely to say whether you are defending or agreeing to pay up. send off the form saying you are going to defend the claim in its entirety and that a full defence will be submitted within the allowed time. This makes the claimant have to pay the alloocation fee and the choice of court will be down to you- nearest one to you is the default choice.

The bank statements will blow their claim of continuity away so you can tell them that you have unequivical proof of 2 visits and suggest that they cease their action before you make a claim of harassment and common tort for their breach of the DPA (failure to protect the data they held on you and misuse of the data) that caused you a loss and abuse of process (using court claim to try and intimidate you into paying when there was no contractual reason to do so). Might seem a bit long-winded but they might just swallow the £25 they have paid out so far rather than risk a damn sight more. There are others they can chase more easily so they wont lose sleep.

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