Capital2coast PCN Lewes - Clamform received

[Trailboy]

Thanks DX, no nothing there but the claim is signed by Alan Davis Managing Director so would that mean they arent using solicitors? There isnt an address for sending documents enter (if different from cliamants)

 

many thanks

 

TB

[dx100uk]

ok well its a new company on us too

so p'haps that's the way they work

so send it to the claimant then.

 

 

they were probably hoping for a non contested default judgement.

shame you found cag!!

[Trailboy]

Ok thanks will do, i guess i need to give them our correct address now then? Their website indicates they specialise in buying parking tickets debt.

 

Can i post the propsed letter on here for final check before i send it?

 

thanks

 

TB

[Trailboy]

Hi DX,

 

Ok found your earlier advice as below for the letter. Ihavent made a counter claim so shall i just delte that section for now? Also i added in an extra line at the bottom that someone else used as advised by erics brother, keep it or delete it? ref cpr 27 thanks again for your support and advice. TB

 

[Their address]

.

[Date]

.

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the claim form in this case issued by you out of the (Name) county court[

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest (and counter claim all of your claim).

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. proof of assignment from the landlord to create contracts and make claims in your own name.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

the contract between Capital 2 Coast and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,

Planning Permission for their signage under the Town and Country Planning Act 2007,

copies of the notice to driver, notice to keeper and any other correspondence from Capital 2 Coast or Debt Recovery + to the defendant.

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

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.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.

 

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.

 

A resposne is required within 14 days.

.

Yours faithfully

Edited November 23, 2016 by Trailboy
.

[dx100uk]

ah that's why they sent the claim then

hoping for a backdoor CCJ .

yes ofcourse update them and are the court aware too?

[Trailboy]

Yes they are thanks DX.

[dx100uk]

pers id not include the provisions of CPR 27(2) bit.

if they want to pontificate

then its to your advantage and can be included in your defence that they are and continue to frustrate the defendant.

 

 

not sure on your counterclaiming bit

nothing in our CPR says that anyway

[Trailboy]

Ok thanks for the advice, no problem. For tyhe counter claim tyhe line was 'I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim'

 

Imeant to take out counter claim thing as havent ticked that on mcol so making it read 'my intention to contest all of your claim'

 

thx for your patience and help

 

TB

[dx100uk]

yes ive just seen that

seems like someone has added that in somehow

now removed again

 

it should read..

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

[ericsbrother]

You send the CPR31.14 to Alan davies directly, he doesnt use a solicitor as he doesnt actually go to court.

 

 

This is all a misuse of civil procedure to threaten and harass, he knows that he has no legal justification to ask anyone for the time let alone money.

 

The good thing about this claim is he wont be able to show that the POFA was or wasnt adhered to as he doesnt hold any paperwork,

 

 

he just made a promise to some other bandit that he can get them omney for nothing.

 

 

It is called Champerty and Maintenance but that will be a sod to prove as he isnt going to hand over his accounts to the court!

Edited November 24, 2016 by honeybee13
Paras.

[Trailboy]

Thanks erics brother, we received some documents about mediation

but also that he is applying to have the court hearing in truro as its near to his office!

Still 200 miles from us tho.

 

Going to send to him directly the CPR prcess wanting evidence,

worth sending recorded or just normal ok as a bit of a nuisance getting to post office.

[ericsbrother]

He has to travel to your nearest court, that is how it works.

 

 

Get the CPR sent off to him now

and send a letter to the courts service objecting to a hearing being anywhere other than your local court because you have ample evidence that he fails to turn up to hearings anyway

so you dont want to waste your time and money when it is likely that he wont be there.

( read all about his no-shows on the parking pranksters blog).

 

 

Quote some examples

They are unlikley to allow the transfer to Truro unless he is now claiming disability!

[Old Snowy]

As far as Champerty & Maintenance is concerned it is debatable that the debt is one that is capable of being assigned in the first place (does the PPC have standing?).

 

Additionally,

MIL have advertised their litigation service under the heading

"Debt Purchase - Litigation without a Legal Bill"

 

this coupled with the fact that they did not have any legal interest in the original debt and have acquired it for the purpose of profit allows one to conclude or at least to allege that they are trafficking in litigation ( Giles -v- Thompson, Simpson -v- Norfolk & Norwich NHS Hospital Trust and Trendtex Trading Corporation -v- Credit Suisse).

 

The other point to challenge is that MIL have not yet produced an original Deed of Assignment and only ever show the "front page".

 

This document never records the instant debt and nor is it ever dated.

 

From a legal point of view it is simply an apparent agreement that was concluded at some point between some signatories for some unspecified purpose.

 

Put them to strict proof of their assertion that the debt was assigned to them.

 

Signage as far as C2C is concerned is always a joke.

[ericsbrother]

now you can see why they tend to discontinue at the last moment.

 

 

When you send your CPR you could add a note to say that you are aware of his behaviour and suggest that he has been rumbled and invite him to discontinue becasue you know that he will bottle out anyway and it will save you having to request the CPR 27 costs order!

[Trailboy]

Hi Folks,

 

Hope all good with you all, just a quick update and not pleasant reading i'm afraid.

The situation was causing a bit of tension in the household so despite all the excellent advise you kindly provided the driver arranged mediation with the debt chaser and settled with them to close the case. That was the end of January and 3 months needs to pass apparently.

 

Keep up the good work and where you have the will, please keep on fighting these serial and obscene misuse of civil procedures.

 

All the best

 

TB

[ericsbrother]

then the parking co will be encouraged to pursue more innocent people and you have funded it.

 

It is a shame that whoever got the claim cant be bothered to read things properly, you have been told that these people have never wona court claim because they have no right to make a claim.

[dx100uk]

why does 3mts need to pass?

 

 

till what?

[ericsbrother]

throwing good money away

[Trailboy]

Not sure DX, something about case being dismissed after arbitation.

 

Hopefully this case i was sent will help people Ericsbrother:

 

https://www.thesun.co.uk/news/3263657/parking-fine-appeal-won-manchester-landmark-legal-case-help-millions-drivers/

Edited April 5, 2017 by Trailboy
.

[dx100uk]

https://www.thesun.co.uk/news/3263657/parking-fine-appeal-won-manchester-landmark-legal-case-help-millions-drivers/

 

 

shame they called them FINES

shame they called them Penalty Charge Notices.

 

 

usual mistakes for the press

[Oddfellow]

Not sure DX, something about case being dismissed after arbitation.

 

Hopefully this case i was sent will help people Ericsbrother:

 

https://www.thesun.co.uk/news/3263657/parking

 

 

So this clearly shows that you haven't read ANY of the other threads on here,

or you would know that ericsbrother et al ALWAYS pick apart the PPCs' attempts to comply with POFA2012, just as in this case.

 

 

Why do you think you are asked to post up pictures of the signage and the NTK?

 

 

Answer: They almost ALWAYS fail to comply,

and that, in the absence of anything else,

could be grounds for your defence.

 

They were lucky they got a judge who understands the law.

[ericsbrother]

Very kind of you to offer me up as some parking guru

but I merely follow in the shadow of others.

 

This thread was one of 4 that was updated at the time to show that people we have offered good advice to just chucked the towel in even though the claimants had exactly zero to go on.

 

I may have been harsh in some of my comments but i do not withdraw them as they are factual and more to the point wonder why people start on a journey and then dont bother to finish it

 

but come back here and tell us that things went badly for them.

Well, if you dont turn up for your hearing you arent going to be heard.

 

In this case MIL have never won a defended claim because they arent the creditor and they tend to avoid turning up in person and their representatives usually have no right of audience anyway.

In many cases, if MIL pitched up in court they would be sent down for contempt.

 

In your case it would be almost impossible to actually lose because the other side isnt allowed to be there.

Point out this simple fact and you leave with your expenses.

 

There are cases where MIL have turned up at the court, asked the defendant to settle for a smaller sum

 

when that wasnt in the offing just dropped the claim there and then becuase they knew that they had no chance of getting anything because they had no basis of claim against the defnednat, no locus to be at court, no assignment of any debt, no right of audeince as they werent the creditor etc.

 

Old Snowy made this very clear in Nov,

the parking prankster has a list of identical claims that were thrown out

 

so all you had to do was follow the advice given here and read a little about MIL and you would hve been home and dry.