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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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PWE PCN - Brockholes **won**


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If you fancy another day in court you can sue PWE for breach of the DPA for accessing and processing your data from the DVLA without cause to do so.

The person Gladdys sent probably didnt have right of audience inthe court anyway, shame you havent been following the parking pranksters blog or you would have wound this up sooner and be £250 better off.

 

Anyway, pleased that you got a result and some of your lost earnings for the time.

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read the pranksters blog and you wouldnt need to ask.

 

The reason these bandits exist is because people dont challenge their activities because they havent investigated what is right and what is wrong.

 

 

There are a number of very useful sources that we keep referring to, it is difficult to get very far in isolation so when you come back here to update things we have missed a great chunk out of the middle where advice could have been given and you could have saved yourself some grief.

 

Gladdys have been getting the paperwork wrong so badly many courts are not even bothering to read it, just dismissing it if the defendant uses the right reason to ask

(generally CPR 16.4 and other general practice directions)

and the you get a full cost recovery order

and that means you can claim £19 ph for your research time for up to 5 hours and loss of earnings.

 

 

As the parking co have no reason to get your details you can use VCS v Philip and others to slap in a claim for at last £250 for the DPA breach.

 

 

This is a separate matter but you could have claimed

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im terrible at grammar thanks to whoever updated :)

 

:wave::wave:

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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" thanks to David at ppa for all the help and direction, "

 

 

What about all the help and direction you have been offered here...5 pages worth?:-)

 

Regards

 

Andy

We could do with some help from you.

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to be fair, there was a long period of silence whilst the he worst of his travils were in progress and giving the OP the courage to take that first step is what we want for everyone so coming back and telling us the result is a bonus

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" thanks to David at ppa for all the help and direction, "

 

What about all the help and direction you have been offered here...5 pages worth?:-)

 

Regards

 

Andy

 

Actually a great point I forgot to mention - thanks first of all,

 

I stopped posting here,

I made up a user name and posted elsewhere due to park without ease threatening use of the screenshots of the forum as evidence (which they did)

 

but the conveniently cut out a bit they liked (at the time i had no clue what i was in for so it worried me).

 

In the end I used the forum posting myself as part of the defence, as stated in the first post,

 

i never parked in the car park

- i parked on a grass verge outside the car park

- what I would like to say is,

be careful what you post online in your username,

mainly because idiots harass you via email and stalk your LinkedIn and social media

(if they are somehow connected) to help them bully you into paying.

 

BTW all of the forum stuff was no use the judge was not interested didn't read any of it.

 

the main reason i came back to post was to help people understand the fears that these bullies put you under, how it's easier to give in and pay but that if you persist - you can win :)

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We try to get people to have a username that cannot identify them for this reason.

Sometimes when the parking cowboys cite posting of forums it actually helps the individaul as it means the parking cowboys really dont have anything other than fear to win them a claim.

 

Also, if they cite a user of a parking forum and they pick the wrong person it could be very costly for them for breach of the DPA and libel/harassment ( easier to prove harassment and cheaper).

 

Once they mention the wrong person's posting their claim is killed as the judge will deem they are suing the wrong person regardless of the merits of the rest of thier claim. That is why they threaten to use the info rather than actually do.

 

Some like PWE have got this wrong in the past and had to pay out for breach of the DPA so you should consider suing them.

 

Look up VCS v Philip Liverpool dec 2016 and others, they dont have a leg to stand on

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fell for the oldest trick in the book Jason..

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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  • dx100uk changed the title to PWE PCN - Brockholes **won**
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