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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.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Opus energy revenue protection services,


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Hi all

 

Please could I get some advice regarding an issue with opus energy.

 

My father who owns a takeaway was visited by 2 British has guys on behalf of opus energy

to check the meter (something which they did on all the shops on the parade) .

 

 

After a quick check they advised my father the meter is over 20 years old so would therefore need to be replaced.

They phoned back after a few days and made an appointment to visit and exchange it.

 

 

On the day of the visit, 4 guys turned up (not sure why it required 4 of them) and went about their work

 

 

about 15 mins later they produced a seal and told my father this wasn't the correct seal.

 

 

My father simply said oh ok, as he wouldn't have a clue about it.

They then went to leave and before doing so told my father the meter reading had been written down on a piece of pAper and left by the phone.

 

 

Having only read the letter 2 days later (as my father assumed it was just a meter reading as advised)

it's from revenue protection services for opus energy stating

'we have reason to believe the gas meter may have been prevented from registering all the gas used.

We have therefore removed the meter and placed it in a sealed box which will remain sealed until the meter is removed for testing'

 

It then says to call a number if we wish to witness the test being carried out or have any queries.

 

This has come as a huge shock to my father who's not sure what to do as it appears he's being accused (pending tests) of energy theft.

The gas men seem to have taken all the above action yet not once mentioned to my father, the meter wasn't even sealed infront of him either.

 

Does anyone have any experience in dealing with such an issue and have any advise they could please share,

 

Please advise

 

Midlands bloke

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Hi midlands

 

How long has your father owned the business?

 

Has Opus always been the provider of gas to the business?

 

Who has the 'seal' now?

 

Opus don't seem to have covered themselves in glory with their conduct, it wouldn't take 15 minutes to check the 'seal'.

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Hi rebel

 

My father has owned the business for about 7 years now apart from approx March 2012 to nov 2012, when it was sub leased.

 

 

My father was with utility warehouse prior to subletting and in feb 2013 went with opus,

as the tennant had joined with another company in his 6 months there whilst leaving unpaid bill.

 

The guys who checked the meter took the seal with them.

 

 

Sorry if I was unclear earlier, they took approx 15 minutes to swap the meter.

 

 

And at the end produced the seal which they queried with my father

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The first thing to do is to reconcile the bill's for the last 7 years, does that show any anomalies?

 

I would also contact a solicitor before you do anything, explain what's happened.

 

You haven't received any proof that the 'seal' has been changed other then there say so.

 

It's a good idea to take their offer to witness the box being opened as they are making accusations.

 

Hi rebel

 

My father has owned the business for about 7 years now apart from approx March 2012 to nov 2012, when it was sub leased. My father was with utility warehouse prior to subletting and in feb 2013 went with opus, as the tennant had joined with another company in his 6 months there whilst leaving unpaid bill.

The guys who checked the meter took the seal with them. Sorry if I was unclear earlier, they took approx 15 minutes to swap the meter. And at the end produced the seal which they queried with my father

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Hi rebel

 

Thanks for your reply. I'd have to speak with my father to see if he can remember the various companies he's used in the past 7 years. Now shouldn't the opus guys have made their intentions clear from the begining and also have sealed the meter infront of my father? What if the previous sub leasee had tampered with the meter how could we prove it. I'll take the initial steps and contact our solicitor first and take it from there.

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All valid points, you will need to state to them that they did not seal the meter infront of you, but now they are asking you to attend when they open it, that makes no sense whatsoever, not professional and a meaningless excercise. You have proof that the business was sub-leased for a period, if they tampered with the meter, then I can't see how you can be held responsible. Get all the information together, write down in detail what has happened from the initial visit from OPUS, the two men, then work from there. They didn't even explain what the letter was, suggesting it was the meter reading. All very suspicious. Once you have all the facts, a letter from your solicitor explaing the above to OPUS.

 

Hi rebel

 

Thanks for your reply. I'd have to speak with my father to see if he can remember the various companies he's used in the past 7 years. Now shouldn't the opus guys have made their intentions clear from the begining and also have sealed the meter infront of my father? What if the previous sub leasee had tampered with the meter how could we prove it. I'll take the initial steps and contact our solicitor first and take it from there.

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