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    • I have received an email in the last 10 minutes 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024  It also includes a "Notice of Hearing" stating that the application hearing will take place on 13th June at 10.00am.  Confused as to whether I need to attend this ?
    • I've received this notice to keeper. I work for the NHS and was delayed due to patient care. I park here regular and and have never had any issues. I've looked at the evidence on the portal and other than showing that i entered at 12.59.33 and departed at 17:14:14 it doesn't state how long i overstayed for. I paid for 4 hours parking over the phone which i wont have done till i got parked but as its over the phone i have no receipt or record but it is not possible for me to have been in excess of 15mins from the photos alone but I'm unsure having read other threads whether grace periods are 10 or 15 minutes. I havent appealed yet but and was about to but in appealing i'm showing i'm the driver which i gather is something you state we must never do. I don't like confrontation but £60 seems extortionate. Hope you can help. 🤞 1 Date of the infringement 30th May 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 30th May 2024 [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s 3 Date received 5th June 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No reference to schedule 4 just says"...we the creditor reserve the right to recover unpaid parking charges from the registered keeper in accordance with POFA 2012." 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up NA 7 Who is the parking company? Carpark securities 8. Where exactly [carpark name and town] Northgate, Halifax Former Dews Car Park HX1 1XJ For either option, does it say which appeals body they operate under. IAS There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   Notice to Keeper.pdf
    • It never seems to amaze me how the chuckleheads think that No Stopping can ever offer a contract when it is prohibitory. In any case you did not accept the contract by entering the land, you entered the land to get to the airport for goodness sake. In most car parks there is a Consideration period that allows motorists to decide whether they want to stay in the car park . Here on a road, there is no consideration period and whether the motorist finds the terms agreeable or not even assuming that they are able to understand that they are being hoodwinked into believing they are being offered a  contract they cannot turn back. They have a plane to catch and even if they did turn back because they didn't accept the  No Stopping term of   the so called contract they would still have had to stop to turn around. Plus there is a question of Frustration of Contract. You had to stop at a pedestrian crossing .    
    • Just a couple paragraphs their WS that it might be useful to refer to specifically in the OP's WS... Para 6 A contract was formed with "the driver" of the vehicle. Para 8 "The driver" accepted the contract. (The "driver" is not named, or identified anywhere in the WS). Para 7 WHY would there ever be a "no stopping" restriction in a car park? (In Para 10, they specify that it is a "car park"). Para 11 "The Defendant" became liable." Again, they have not shown that the Defendant was "the driver", simply the keeper. Para 20 "It is a matter of agreement"? Not really sure what they're trying to say here...
    • Thank you for relying so quickly! That is what I had concluded was the reality of the situation.. I'm still waiting for the call within my time slot.. I will try to fill this thread with more info, find original letters and show the docs of the pack I was sent, a pack with no real covering letter to show what it was in response to or from whom..
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carter and claimform for old BT mobile 'debt'***Claim Discontinued***


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No..... if the claimant does not respond to the defence within 28 days it is stayed...nothing to do with disclosure at this stage.

 

Regards

 

Andy

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Parked...paused.....stayed.....if they do respond then the claim is allocated to your local court and the claim proceeds.

We could do with some help from you.

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Today I have received a letter from Bryan Carter stating that the claimant wishes to proceed with the claim at this time,

 

the claimant agrees in principle to mediation.

 

We should also be grateful to hear from you in relation to without prejudice negotiation and you may contact us on (tel no)

 

to that they have attached another letter in their headed paper to the court manager stating;

 

Thank you for providing us with the claimants defence.

 

Our instructions are that the claimant wishes to proceed with the claim.

 

We look forward to hearing from the court with directions.

 

As of yet they have provided me with not one piece of paperwork requested by the CPR 14!

 

does this mean that request is a waste of time and what happens next?

 

surely they have to provide these forms if they wish to proceed!:?

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The claimant is not obliged to disclose anything pre trial..the CPR is a civil request for both parties to clarify matters...they will have to disclose at the appropriate stage leading to trial....game of cat and mouse and they hope you will either throw in the towel or lose your nerve by then....patience.

 

The fact that you have requested and they have failed to comply is a plus to you the defendant in trying to clarify matters pre trial..the fact they have ignored it is further pressure for them to disclose...when the court orders them to.

 

Having said that a defence should not be purely based on whether the claimant can disclose or not.....but the alleged debt that they state is outstanding and now due.

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I used the defence that you copied for me - shall i add to that online stating that I disputed verbally with o2 at the time regarding the bill, this is all I have otherwise! Do i bother contacting them on the phone as requested or shall i just wait which i am more than happy to do! patience i have!

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You cant add to MCOL that has now been submitted...you can add to your Witness Statement.....that is the next stage.

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I have received 2 letters today

 

1 from the court and

 

1 from Bryan carter

 

no 1; is notice of proposed allocation to the small claims track

- i must by 21 july complete the small claims directions questionnaire form n180 and

 

letter 2 from the solicitor

stating "without prejudice" confirming that their client is prepared to accept full payment either in full or monthly payments

in order to avoid either party incurring further costs,

 

if they do not hear from me they will apply to court to strike out my defence at hearing which if successful,

may result in further costs being payable by me!

 

any advice as to which step i should take next ?

Thank you

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that's the usual carter rubbish

hoping you'll give up an cough don't.

 

stand your ground.

 

dx

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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you'll have to ask andy

 

dx

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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so i need to complete the court form correct ? happy to stand my ground most certainly I think its appalling how they go about this !

 

The form is pretty easy and self explanatory.

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I dont actually have the form so would not know! assuming i need to go online to complete? received another letter from Bryan Carter today (guess ill be getting constantly bombarded now! funny they cant do that and supply the documents so promptly!) its a directions questionnaire - they have even completed the answers with pre printed ticks! i will not be sending this back!

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JUST downloaded the correct form online - not their pre printed copy which they have very cleverly sent me! do you mind assisting me with a few questions - I want to get this right! I have said no to the case being referred for small claims mediation but "yes" to it being referred to the small claims track, I am guessing this is the way forward for me to defend this? thanks

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I dont actually have the form so would not know! assuming i need to go online to complete? received another letter from Bryan Carter today (guess ill be getting constantly bombarded now! funny they cant do that and supply the documents so promptly!) its a directions questionnaire - they have even completed the answers with pre printed ticks! i will not be sending this back!

 

That is their copy which they have submitted to court and copied you...you should reciprocate.......Copy to Court and a copy to them.

 

I would advise you to agree to mediation.

 

Andy

We could do with some help from you.

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Thank you so basically agreeing to mediation means submitting a payment proposal? if so what was the purpose of requesting the paperwork with the CPR and if I originally disputed this with O2 - sorry just trying to get my head round which direction this is going?

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No it does not ...its a means of narrowing of your differences with the possibility of avoiding trial.Any party which refuses to consider mediation will not stand in good light or if should costs be awarded may be reduced.

We could do with some help from you.

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Ah ok - dont much have a clue on any of this so thank you I will get the form completed and copied by the deadline once again thank you! im pretty sure i will potentially be asking more questions at a later date - this has been more than helpful!

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How have you gone on with this HighVelocity, did BC actually proceed with the Mediation Service ?

 

I'd like to know as they agreed at first but then pulled out of it stating they had nobody available, and I'm pretty much at the same stage as you.

 

 

Thanks

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Hi

 

 

no I got lots of communication from Bryan Carter confirming the contract dates and no early termination fee!

 

 

they are in receipt of my defence and all that and kept pestering me to agree a payment scheme.

 

 

Yesterday i got a letter from the court stating it had been passed to the county court allocation hearing centre

and would be referred to a procedural judge who will allocate the claim to track and give case directions.

 

 

It has been passed to the local court so its a case of wait "wait out"

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Have you completed and served your DQ HighVelocity ?

 

Andy

We could do with some help from you.

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