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    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Derby Car Centre Ltd/Pride Park - Vehicle Not Fit For Purpose***Judgment/paid in Full***


Laura Cooke
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They have 33 days in total from and including the date on the claim form to submit a defence....ring CCBC and they will advise...you may need to submit form N225

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Its actually 33 days plus 28 +5 for your response.....but as they have failed to submit a defence you should in effect be asking for default judgment

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If the defendant fails to serve the acknowledgement of service or a defence and the time for doing so already expired, the claimant may obtain judgment in default. There are certain circumstances in which the claimant cannot obtain judgment in default, these include; claim for delivery of goods, or if the practice direction provides so or if the alternative procedure for claims is followed.

 

According to Civil Procedure Rules, the claimant cannot obtain judgment in default if the defendant has applied for the claimant’s statement of case to be struck out or if he applied for a summary judgment. Summary judgment will be considered below. The claimant may obtain the judgment in default by filing a request ‘in a relevant practice form’ if the claim is for a specified sum of money or an amount to be decided by the court. The claimant must make an application in accordance with Part 23 Civil Procedure Rules if the defendant wishes to obtain default judgment on a claim for other remedy.

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Payment forthwith and the name that that you put down as the defendant/s

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You would normally allow 28 days from judgment...does it now state forthwith?

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Payment Frequency *

I would like the judgment to be paid Immediately

The defendant will be ordered to pay the total sum admitted.

By instalments of

Per

The defendant will be ordered to pay the amount admitted in instalments. The first instalment is due one month from the date of the Judgment order.

In full by (It has a calendar and you can pick a date)

 

If you choose to be paid immediately it says at side

 

The defendant will be ordered to pay the amount admitted by the date indicated.

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In full by (It has a calendar and you can pick a date)...14 days

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Yep sounds right:wink:

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  • 2 weeks later...

When the time has expired, the next step is the bailiffs.

 

There could well be nothing to collect on though. Some of the shadier dealers will register their sales cars in friends and relatives names and tell the bailiff that nothing belongs to them and that they are selling them on behalf of someone.

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With the recent TV documentary and the amount of people involved I have no doubt the garage has protected it`s dirty dealings how they are allowed to do this is beyond me especially when a court order is still outstanding ordering the company to treat customers with respect and to not mislead them. Can you instruct a high court bailiff if so anyone in particular and costs?

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  • 2 weeks later...
Don't worry about the LBA. Just claim for the loss you have suffered. Yes you include the price of the vehicle, storage costs and postage/calls.

 

I would claim the whole £2995 and ignore the part exchange. I see the part exchange as a separate transaction.

 

 

That is the interest rate applicable until the date you receive payment.

 

 

No, 8% of £4519 is £361.52. That is the annual interest. Daily interest is 99p.

 

 

Yes, interest runs from the date of rejection of the car.

 

Should I Have added the £361.52 to the claim for the interest if so I didn`t I just put £4519 :(

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No the courts adds it...if your claim is successful...assuming you put sec 69 in your claim?

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You need to check it with MCOL Northampton ...if you opted for it when you submitted and its stated within your particulars...then it should be included in the judgment amount.

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