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    • Thanks for the welcome Andyorch   dx100uk - I have had 2 previous addresses since coming back to the UK.   Does this mean I should not ignore?   
    • I would be inclined to rip their WS apart. That way, I doubt that VCS would wish to proceed to Court.  In paragraph 5 VCS claim they have full compliance with their Code of Practice for Private Enforcement and Private Land. Really? Can this be the same VCS that was issuing PCNs between 2013 and 2017 knowing that the signage there had not been agreed by Liverpool council and therefore the signage was illegal. Here is an open letter from the Parking Prank   Tuesday, 19 November 2013 An open letter to Simon Renshaw Smith of VCS parking regarding Liverpool John Lennon Airport   19/11/2013 Dear Mr Renshaw Smith,   I wish to draw your attention to the procedural impropriety in your operational activities on the approach roads within Liverpool John Lennon Airport.   You are actively operating under contract to issue civil penalty tickets (PCN’s) for traffic offences on the roads such as stopping at the roadside, whether for seconds, minutes or even longer, or for parking on the roadside verges.   You are doing so based on an allegation of contractual agreement for a breach of parking conditions and are actively sending out a notice to keeper in each case where you ask for the name and address of the driver. You are doing this under the provisions of the Protection of Freedoms Act 2012.   As you are no doubt aware, due to your many years of experience in emptying people’s wallets, where land is governed by byelaws the remedy for any breach of conditions of those byelaws is through the criminal courts, such as a magistrates.   Not only that, since the byelaws set an amount of penalty for failure to comply with them; a further amount based on your own assessment is unlawful at best and perhaps even fraudulent.   A set of the byelaws for the Liverpool Airport have now been obtained from a reliable source, Liverpool City Council,  which sets out the airport’s stance on roadway use, or misuse. It also lays down a penalty upon summary conviction for a breach of the byelaws of £5 for the 1st offence and a further amount of 40 shillings for a continued daily breach.   I put it to you that these byelaws govern the airport’s penalty regime for the alleged contraventions you are enforcing. In fact there is no penalty for stopping at the roadside. There is no offence committed so there can be no penalty unless it can be proven in a magistrate’s court that this action amounted to a failure under para 14: “Driving or placing a vehicle carelessly or dangerously or without due consideration for persons using the airport”   Para 18 gives notice that a “failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by a constable or any person acting on behalf of the council or a traffic sign” will be subject to the penalty regime of the aforementioned £5 plus 40 shillings per day afterwards.   The mention of the traffic signs and the council's part in the overall monitoring means that the signs must be compliant to the TSRGD which are those shown for the public highways; not the ones arbitrarily stuck at the roadside by yourself which are meaningless in the context of the legal status of the byelaws.   Furthermore, POFA 2012 3(1)(c) states that Schedule 4 only applies on land on which the parking of a vehicle is not subject to a statutory control. It further states (3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.   The byelaws state at para 2.19 that the following act is prohibited. The penalty for this is a fine not exceeding five pounds.   POFA 2012 therefore does not apply, and you may therefore only pursue the driver and not the registered keeper. Moreover, you may only pursue them for the sum of five pounds.   Knowingly pursuing the registered keeper when POFA 2012 is an offence which the DVLA take extremely seriously and may ban you from access. The BPA wrote to you in their electronic newsletter this month reiterating this.   I put it to you, Mr Renshaw Smith, that your company is operating unlawfully at the Liverpool Airport site and ask what you intend to do since this has now been brought to your notice.   May I remind you that since this is an unlawful operation, you may well be required at some later time to recompense the amounts of the PCN’s already paid by drivers, and perhaps face tough questions in a court of law, not just a civil court.           Happy Stopping Briefly At the Roadside   The Parking Prankster   The Prankster would like to thank his source for the above   I am sure that you will find other examples of VCS not complying with Code of Conduct or the Law.   And of course VCS do not have the ability to take you to Court because you were a trespasser and only the land owner can take a trespasser to Court.          
    • Yes ...you have it confirmed by the court above that they requested a copy of the Order/Consent on the 2/08/2019....and then requested judgment on 21/08/2019 .
    • blimey J&P   I wonder how many more solicitor firms UAE creditors will try and use as a cheaper alternative to IRDWW and their cohorts that appear to have cost them £1000's in fees for nothing in return.   if this is not a letter of claim  pers i'd ignore them unless you have previous UK addresses since coming to the UK?
    • Thats the idea.....any further flaws with the reconstituted agreement ? They will be able to rely on a recon given that the agreement is post April 2007 but it must be accurate and a true copy of the agreement used from that date.   Andy
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flappymoog

HPH2/cohen claimform - Santander Loan 'debt'***Claim Struck Out***

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Yes - I am sure I can, so I do a SAR

 

£10 Postal Order?

 

all of my addresses since the account was taken out?

 

Thanks,

FM

yes and a ctax bill from today

 

 

sign the sar too

 

 

dx


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Sign via hand or type?

 

Council Tax bill I can print off easily

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yes hand sign it

 

 

dx


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I have googled and looked on here for the best address, seems to be several - which would you recommend?

 

Credit Data Management Team

Santander Card Services

PO Box 700

Leeds

LS99 2BD

 

or

 

Santander UK plc. Registered Office: 2 Triton Square, Regent's Place, London, NW1 3AN

 

or

 

Santandericon Consumer Finance (UK) plc, 3 Princes way Redhill Surrey RH1 1SR?

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reg'd office


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In the post:-

 

  • SAR
  • CCA
  • CPR

 

I guess we just sit and wait for a response.

 

Have a Good Weekend

FM

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No news is good news? - it's only been 4 working days I guess...

 

all 3 signed for on the 1st June

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I have still not heard anything in todays mail - what is the next step?

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40 calender days for the SAR.

 

12 + 2 working days for the CCA.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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just don't miss your def dead line whatever does or does not happen

 

 

dx


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Letter from Santander thanking me for the SAR and that they will respond within the 40 days of receipt

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Hi Dx,

 

I know I have a few days left on the CCA - I think Thursday is the deadline, however I think I would of heard back from them or the solicitor before now?

 

I am guessing / hoping it's definitely SB and that they know this hence no response or even a letter acknowledging my request?

 

Not sure what to do? should i file my defence online or wait a few days? I think it was the 22nd I had to defend.

 

Thanks,

Flappy

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Monday 22nd 4pm

 

 

dx


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Hi Dx,

 

Thanks - I will submit the defence on Friday incase I forget over the weekend or the system is down.

 

I have not heard anything from the solicitor or the CCA (12+2 Working Days Passed)

 

Either they don't have the details or they will wait and produce when I claim the defence...

 

Cheers,

Flappy

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matters not.

 

 

what are you going to file?

 

 

the SB

or

holding/no paperwork

 

 

defence


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Hi Dx,

 

I am not sure.... what do you think? I am not 100% sure on SB but I think it is.

 

Do you think that's why they have no responded? what if I claim it's SB and then they say it's not? can I then say they failed to provide paperwork?

 

I am not sure what to do.

 

Thanks,

Flappy

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Hi Guy's,

 

Any advice of what I should file as my defence? - copy and paste if you can help please.

 

Cheers,

Flappy

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Only plead SB if you are 100% sure.

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I am not 100% sure it's SB, I rang Satan and they said they had no records now the debt is sold

 

No response from the SAR yet and the CCA has not been acknowledged either, also the letter to the solicitor has also not been acknowledged.

 

I am not sure what to do, I need to ideally submit in via MCOL today

 

Cheers

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it would be better to file it sunday

as your today and sats post that might bring something.

 

 

I would suspect it will be the holding/no paperwork defence

 

 

widely available on many thread here and the successes forum.

 

 

dx


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Hi Dx,

 

Postman been today :)

 

Do you think they are ignoring the CCA because they don't have it and know it's SB?

 

I would of thought they would of sent this just ensure the CCJ is enforced quicker.

 

Thanks,

Mark

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enforced quicker..where this coming from...

 

 

get working on that indicated defence.

 

 

dx


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enforced quicker - I mean as in they think it will go straight through and hope that I don't defend..

 

okay because i am not 100% sure on the SB then I will file a defence based on no paperwork, this might then give me time to get a response from the SAR with it hopefully showing it is SB

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enforced quicker - I mean as in they think it will go straight through and hope that I don't defend..

that's called a default judgement, makes no odds if they have anything

if its not defended - it gets rubberstamped without any checks.

 

okay because i am not 100% sure on the SB then I will file a defence based on no paperwork, this might then give me time to get a response from the SAR with it hopefully showing it is SB

 

 

post up their POC

 

 

and your proposed def BEFORE you file it

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I will do that Dx,

 

This alleged agreement was taken out before April 2007 so I think that's why no response to the CCA :)

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