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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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Online banking problem


Julifoo
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on 24/11/2014 I logged in to online banking only to find that my main account appeared to have been very overdrawn for several weeks!

 

 

This was not true, as I check my account regularly.

 

 

I went out of the account to look at another account than back in to the original account

only to find that all the entries were now correct!

 

 

The account continued to vary between overdrawn and correct and we were able to print out two sets of "recent transactions"

both showing the same debits and credits but with very different balances all the way through.

 

 

We were not able to detect where the fault had occurred since the online statements were correct

- the problem was in the recent transactions records.

 

Has anyone else ever encountered this problem?

 

We have written to the bank asking for a written reply as really as customers we HAVE to be able to trust the bank's computer.

 

 

At the moment they are (of course) trying to ring me!

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yes quite often happens

 

 

give it 24hrs to sort itself.

 

 

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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yes quite often happens give it 24hrs to sort itself.

 

Duh???????????? You sound like you ACCEPT this type of occurrence? Well I do not - it is outrageous, what the hell is wrong with their computer system?

Edited by slick132
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the issue is its online and live

 

 

I often get that in the early hours when I check.

 

 

ok not 'right' but if you've not suffered a loss , ....

 

 

I think that's why some banks now include a little line or a box that says available balance

but it doesn't always tally with the live statements

as payment have yet to be cleared or claimed.

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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Yes i understand the point that you are making but this was different in that it showed that we had been substantially overdrawn every day for over a month. Substantially being hundreds of pounds every day, when in fact all though we had overdrawn on a few separate occasions, this was only by a few pounds on each occasion.

 

We are most careful with our money as (like many) we live on a fixed income. This was not a matter of the cleared balance on that day. Had the incorrect set of accounts won, we would have been liable for large bank charges and would have had great difficulty in proving that the bank's figures were wrong, as I do not take a print out each time I log in.

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Hi Julifoo and welcome to CAG

 

The bank will try hard to settle the complaint by phone so make sure you don't let them, and insist on written correspondence.

 

Well done for taking copies of the differing figures. That may be crucial in getting the bank to take the complaint seriously.

 

:-)

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