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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • 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.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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We are being threatened with EDF getting a Warrant to disconnect us

and wonder what the timeframe is for this,

 

do they go to court,

 

can we appear and appeal this decision as we are in a vulnerable position?

 

 

..serious financial issues over past few years,

 

arrears in region of £5k!

 

Emailed and been in contact with Exec complaints,

 

they are hearing none of our problems and only want to execute the warrant.

 

Have applied to EDF Energy Trust,

but told to expect 6-12 weeks for processing,

EDF not budging on the deadline of 31st August 2014,

say they are being responsible in not letting our account grow any more.

,

it was mentioned about there needing to be a CCJ in place for arrears BEFORE a warrant can be applied for,

does anyone know if this is true either?

 

Many thanks for any help / guidance / advice anyone can offer,

we are in the position of EDF giving us only until 31st August 2014 before kicking everything off

 

David

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they do not need a CCJ no.

 

as for the promise notes, think you are delving into Freeman of the land stuff there

which should always be avoided.

 

write again to the exec complaints and check they are aware you have received

the warrant threat.

 

they might not be aware the automated system has sent that letter out.

 

£5k is a lot of electric..

 

is this for one year?

or old debts too.

 

tell us a bit about the history please

 

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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Hi dx100uk

 

Thanks for getting back to me,

 

this is for old debts going back over some 4-5 years,

and the result of very serious debt issues and 'burying head in sand'.

 

I have been speaking the the Exec team and

they have told me that they are only prepared to stop this action on receipt of either

1) full payment of the account, or

2) granting of funds from EDF Energy Trust.

 

I have applied to them, but been told due to backlog of applications, will not hear for at least 6-12 weeks.

 

We are a vulnerable family,

we have a 14 yr old son,

my mother-in-law, who is 70 and not in best of health and

also, due to the stresses of this and my local authority council tax,

I am currently off work with anxiety and depression, not knowing how to cope with this all.

 

We are being guided by National Debtline and have a income/expenses sheet drawn up showing our position.

 

Currently, if this goes ahead at the end of this month,

my wife has told me that she will throw me out as well

as she too can't stand all this mess we have found ourselves in.

 

EDF have stated that as a responsible company

they cannot allow our account to be frozen any longer

and will apply to the court after 31st August has passed..

 

I am really desperate now and don't know what the hell to do anymore

 

We are also in court on Friday to have a hearing in front of District Judge

to try and get our Attachment of Earnings deductions quashed or reduced

as this is causing us serious financial hardship and contributing to the EDF position.

 

Any ideas you might have would be really appreciated

 

Many thanks

David

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good you are with NDL

 

have you updated them about this latest threat?

 

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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Share on other sites

  • 3 years later...

Hi all

 

Thanks for helping to put me in the right places for the older threads, I really appreciate the help.

 

Currently with EDF, I owe approx £6k and this is being managed using Fuel Direct and I am dealing directly with the Executive's office with a guy there which is being extremely supportive.

 

I applied three times to the EDF Energy Trust, the last time was with the support of Plymouth CAB, who are EDF's preferred agency to assist with these applications.* I was turned down again and basically the CAB said they would not help with another application because the trust thought we were not making payments.*

 

EDF Energy completely disagree with this and have advised I make an application through EON Energy Trust and British Gas Trust.

 

 

So this is where I am at the moment.*

 

Hoping against hope that one might help me, but really don't believe they will.*

 

Hence asking about the possibility of getting these written off by DRO, *but don't know what that would mean for my wife's liability.*

 

 

Just wondered if anyone has any experience of these trusts or what else I can do.

 

 

I recon at the current rate, I have about SIXTY year of payments to make, and being nearly fifty, liklihood that the debt will survive me if the stress does not kill me first.

 

 

I have also applied to both Southern and South east water for assistance.*

 

 

Thank a lot

 

David

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ive had very good results with the trusts particularly british gas one

 

 

a few years back they wrote off +£7k

 

 

please don't go down the dro route or any other one like bk or whatever

 

 

this debts you have are exactly why they are there to help

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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Share on other sites

do it your self its online.

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... 

Link to post
Share on other sites

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... 

Link to post
Share on other sites

Hi all

 

Thanks for helping to put me in the right places for the older threads, I really appreciate the help.

 

Currently with EDF, I owe approx £6k and this is being managed using Fuel Direct and I am dealing directly with the Executive's office with a guy there which is being extremely supportive.

 

I applied three times to the EDF Energy Trust, the last time was with the support of Plymouth CAB, who are EDF's preferred agency to assist with these applications.* I was turned down again and basically the CAB said they would not help with another application because the trust thought we were not making payments.*

 

EDF Energy completely disagree with this and have advised I make an application through EON Energy Trust and British Gas Trust.

 

So this is where I am at the moment.*

 

Hoping against hope that one might help me, but really don't believe they will.*

 

Hence asking about the possibility of getting these written off by DRO, *but don't know what that would mean for my wife's liability.*

 

 

Just wondered if anyone has any experience of these trusts or what else I can do.

 

 

I recon at the current rate, I have about SIXTY year of payments to make, and being nearly fifty, liklihood that the debt will survive me if the stress does not kill me first.

 

 

I have also applied to both Southern and South east water for assistance.*

 

 

Thank a lot

 

David

 

Hello David and just spotted this about the E.ON Energy Fund. Thought it might help if I give you a link to our website with more information about the fund including an application form.

 

https://www.eonenergyfund.com/

 

The Fund has been set up to help customers of any energy company who are struggling to pay their bills. It can help pay current or final energy bill arrears as well as helping to buy replacement white goods like cookers, fridges or freezers. Helps available, too, to repair or replace gas boilers.

 

Hope this helps and all the best with your application.

 

Malc

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