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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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Parking Eye taking me to court - ***PE Dropped Case Before Hearing***


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In August i picked up a friend by entering holiday inn carpark, in the morning to take her out for the day.

 

 

In the evening I dropped her off in same manner.

I didnt park and never left my vehicle.

 

 

A week later Parking eye sent me a fine for parking for 13 hours!

 

I wrote a simple letter back explining the above,

and included a voucher for crossing the Severn bridge TOLL as we were in wales all day,

and thought no more about it til

 

 

court papers arrived a fw weeks ago!

 

 

I sent the same info to the court explaining above and again as it was done online,

I told them I had the voucher copy etc

 

 

Today ive received another letter from PE saying they are pursuing the court claim

as they have no evidence at all of me leaving the carpark and returning in the evening.

 

 

Ive enquired with the toll company if they have cctv of my vehicle crossing the bridge

but sadly they only keep their cctv 90 days

so I see no way atall of "proving" I wasnt in their carpark.

 

 

Any ideas? Desperate!

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well, you need to acknowledge the claim and then submit a defence within another fortnight.

 

The defence is quite simple,

you say that the breach did not occur as you were not parked

(and will demand evidence that your vehicle was there for 13 hours as alleged) there during the time alleged.

 

 

You dont have to prove you werent parked,

they have to prove you were and if this means them showing 13 hours of cctv footage to court then so be it.

 

If you have the toll receipt they are sunk and they know it.

You also have a witness and they have to prove tha there is a contractual obligation on your part and that you haver caused them a loss.

 

For the moment get the N1 AOS returned pronto

and then get a skeleton defence drawn up based on what you have

- toll ticket, witness statement, (get cctv and leaving/entry to room rcords from Holiday Inn via a SAR by your g/f).

 

You should also write to PE and demand sight of the contract between them and landlord of the site

where breach supposedly occurred that assigns the right that allows PE to make legal claims in their own name.

 

 

this is called a CPR 31.14 request (discovery) and they must produce this within 14 days.

 

 

Do not let them fob you off and tell you they will bring it to court,

if they dont send it in time you write to the court and tell them that PE have failed to comply

and you want the case struck out for having no locus standi.

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thanks erics brother.

 

 

I acknowledged it and submitted the defence via MCOL stating i merely dropped in for a few moments

in morning to pick up a friend,and left again, and did the same in the evening.

 

 

Their response is

" we can confirm that there is no evidence to suggest the defendant made a multi visit

to this carpark on the date of the parking event.

our system recorded one entry and exit to this carpark for this vehicle on the day in question.

we do however invite the defendant to provide any evidence to prove

that their vehicle entered and exired this car park on 2 seperate ocassions"

 

 

The toll booth voucher only has the date and time that i crossed,

not any vehicle registration plate info,

so in terms of evidence could,

actually be from any vehicle so not useful as evidence.

 

 

I also have an online record that shows where i was in wales all day at an event,

but again this still doesnt prove i was in my vehicle.

 

neither of us were actually staying at the holiday inn,

it was simply a good place off the motorway to meet up

(my friends husband did the exct same as me,

he entered carpark to drop her off with me and came back in evening to pick her up from me again,

but he never got a parking ticket for 13 hours!)

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It's a shame that you didn't check in with us before you sent off your defence.

 

What you have put will be helpful – but you need to read through these forums about responding to parking eye and also about dealing with the times that they actually bring a claim. Then you would understand what the other issues are.

 

It may be necessary for you to amend your defence. This will be a bit of a nuisance for you but it could be well worthwhile.

 

Parking eye say that it is for you to prove what you say, but this is not correct. It is the parking eye to prove their case.

 

Also you will see that the other issues include the fact that the money they are asking does not reflect the actual costs and therefore they are trying to levy a penalty, and also whether or not they have any right to bring the action anyway or whether it should be their clients.

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Just to add, I'm quite sure that the quality of what you sent off to parking eye made them believe that you had taken no advice from us and therefore they decided to pop you into County Court procedure. If you had responded more robustly after receiving advice here, they would have realised that you are getting some proper help and that you knew your rights.

 

You will need to address this

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Did your "friend" have a car parked in the car park with a paid ticket ?

If so. ..... That is your "witness".

 

Why would you both drive over the Seven Bridge in 2 cars ??? And back to the Hotel ???????

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it doesnt matter that the toll ticket doesnt have your reg details, it is for PE to prove that you parked there for 13 hours, not for you to disprove. No judge will disbelieve you when you have a witness and a toll ticket.

Ignore PE, taradiddles, they are trying to get you to crumble. You will have plenty of time to get all of the documents and statements together when you have a court date.

In the meanwhile, you ask for a copy of all of the captured data at the time you entered and left at both ends of the day and a copy of their contract with the landlord that entitles them to make legal claims in their own name fromPE under CPR31.14. Thi is what used to be called discovery. Give them 14 days to send it and if they dont you send a letter to court asking that the claim be struck out as having no locus standi. (probably wont get this as most correspondence weill get put in the same pile and the judge wont read it until the day of the hearing)

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Today the "notice of proposed allocation to the small claims track" paperwork arrived. having been reprimanded for trying to go it alone (above) LOL, I thought Id seek the best advice........Firstly should I tick the box saying I agree that the small claims track is the appropriate track for this claim? Or should I say "no" and suggestt something else as I am innocent? should I take the offer of mediation? even though I have not done what im accused of? or should I agree to court. personally I think court as there is nothing to discuss as far as im concerned, as I didnt park where they say that I did.....but im not the expert. Also how likely is it it will be transfered to my local court? They are applying for it way up north somewhere, and im in Devon!

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small claims all the way unless you are very poor or very rich. It will be transferred to your local court by default u8nless you specify another court and have reason as to why (work, disability etc) then PE have to pay some more money for the allocation and you will be given a hearing date. About a fortnight before then you must exchange all documents you wish to rely on and send a copy to court.

Getm your CPR31.14 request off to PE and then add a request to strike out with your bundle if they havent responded in the 14 days you gave them

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Ensure your cpr request is sent recorded/signed for delivery and keep proof of postage and delivery!!!

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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can anyone tell me if this is the correct format for the CPR31.14?

Dear Sirs,

Reference Claim Number:xxxxxxx

Request for documents mentioned in a statement of case under CPR 31.14

On XX i received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full. To enable me to file my defence and/or counterclaim, I require copies of the following documents, ahead of filing my defence .

1: a copy of your contract with the landlord (Holiday Inn) that entitles you to make legal claims in the name of Parking Eye

2. a copy of all of the captured data from the time I entered the carpark at Xam and for the following 30 minutes and for the thirty minutes prior to me leaving at the end of the day

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect..

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

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Ok, the landlord might not be Holiday Inn, they may just be tenants so check with the Land Registry before naming them. If their contract is with HI and they are not landowner then they dont have a contract worth a bean so dont forwarn them or let them offf with providing the wrong document.

Other than that nothing wrong, you dont have to pad out what you want, just quote their claim number and tell them that you require the documents or sight of.

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no, dont guess, pay the 3 quid and find out if you havent done so. Sometimes they are nice enough to tell you if you cannot identify the address. If HI dont own it then the contract PE have is worthless and therefore cannot sue you and that is why you should put the time in to find out.

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even if HI don't own they may well lease it? ad have the rights to what goes on!

The point is do they have a contract with PE that lets them act on their behalf?

I think your defence is quite robust as it is, you did not stay there! and have a witness to prove it.

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  • 2 weeks later...
do not forget to send off witness statement from friend, to court and PE, who can vouch for the movements that day.

And their willingness to attend court.

do i send that off with the paperwork saying i dont want mediation, or do I wait until the court ask for evidence?
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send off the allocation questionnaire with just the box for small claims track ticked. Mediation is no good for you and pointless as PE wont accept it and there is nothing to mediate. It is not like you paid a builder to do a job and he did a bad one, where there is room for negotiation as to the amount of loss. They are saying you owe them £100 and you say you dont.

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When you are told to. If you havent sent in a skeleton defence then just make sure you follow the dates sent out by the court very carefully. Dont take too much notice of what PE tell you that you should have done, they send out reams and reams of irrelevant paperwork in an attempt to intimidate you into giving up and paying them. they know that they lose most defended claims at court so they want your money before they lose!

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  • 2 months later...

the latest on this is that PE did not reply to my CPR 31.14 request ( \asking for their contract with holidayinn and photo evidence of me staying 13 hours). Do i now send off a N244 asking judge to strike it out? My evidence has to be at court and with claimant by 20th march. hearinf is 21 april. Im slightly worried! also i had assumed (silly I know) that the case was purely because they said id been there 13 hours (which I hadnt) but I notice now theyy say at the end of particulars of claim, that i was parked in breach of other T&Cs (ie carpark only for those using the bar and hotel).......would the fact i didnt get out of the car count as parking? Am I screwed??!

Edited by sam clark
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Remember that as ParkingEye are the claimant, it's up to them to prove everything, not up to you to disprove it.

 

They don't have a leg to stand on so long as you actually turn up - always assuming the claim isn't struck out and they pay the hearing fee and they turn up.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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