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    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
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gettinback

Advice on IDEM secured loan and their lack of deed of entitlement

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Hi All

 

Slightly complex situation but here it is, any advice appriciated.

 

Overview

We have a mortgage with NRAM and a secured loan with Picture>Webb>IDEM.

 

We cannot make payments and are in default.

NRAM looking to put us on a voluntary repossession scheme which are happy with.

 

IDEM have had us is court.

 

 

Today was the third hearing and they didn't show as they cannot find the correct Deed of Entitlement information, witness statement and paperwork.

 

They asked for Adjornment via letter (not sent to us only the court) but the Judge struck out the claim

as they had said they would based on second hearing and paperwork etc beign wrong.

 

What kind of solicitor can best give advice on this? (I.e Conveyencing, housing etc?)

 

Given they cannot prove Deed of Entitlement can we challenge their charge at the land registry and have it removed?

 

Again, your advice is most appreciated!

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Are you in Scotland?

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Are you in Scotland?

 

Hi There, no England.

 

:-)

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Ok, thanks.

 

Can we have some more information please?

 

Is this a second charge in relation to a secured loan or is it a charging order?

 

What is the background of the original debt?

 

Do you mean deed of assignment?

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Deed of Entitlement is usually referred to in Scottish Law.


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Hi G

 

So this was a secured loan taken out with Picture Financial who then became Webb Resolutions and ultimately IDEM. They passed it along and we were not in default until the last 8 mths with IDEM.

 

In terms of the terminology the judge said they had to prove sufficent proof of entitlement to bring proceedings which they have failed to do ergo the case beign struck out at the last (3rd) hearing. They also mentioned the lack of a witness statement. At the second hearing they did put forward some paperwork but the judge said that it was "Just a transfer and that she wasn't having this"

 

I hope that helps and thanks again for your input and time!

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Thanks.

 

So was the debt purchased by IDEM?

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This I can't tell you, we may have been informed by letter but we can't really recall. We definately din't sign new documents. I think they are all part of the same group but I'm not sure.

 

Thanks :-)

 

Thanks for the clarification Andy - Terminology gets confusing but obviously is important to get it right!

 

:-)

 

Just found the letter re the origional reason for the first hearing to be ajourned and which ultimately led to it beign Struck Out,

 

Their Solicitor wrote to us saying,

 

"We write to advise you that due to Notice of Hearing not beign recieved we have been unable to serve,

 

The Witness Statement

 

Evidence of Assignment

 

prior to the hearing, we have therfore requested ajournment etcs..."

 

They then ajourned agian for a second time.

 

They then picthed up the second hearing but the judge said the paper work just showed a transfer and not entitlement. she said "I'm not having this, either produce the paperwork or I'm striking this claim out"

 

They didnt even show for the third hearing, they just sent a letter to the court (not to us) asking for a further adjourment.

 

The judge said we can strike it out if you like so we said OK.

 

They are on the Tilte Deeds as second charge at the Land Registry however. My thoughts are can I challenge that given they havent currently got the required paperwork (at least so it seems).

 

Thanks again :-)

Edited by gettinback

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