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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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The Snake 1985

unfair DVLA untaxed claim?, Car pound Charge & dropped DnD claim - help

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Hi,

 

I wonder if anyone can advise on where I stand on this issue.

 

Please note the incident occurred in Scotland where obviously laws are different to England\Wales

 

On Sunday 15th February I was stopped by Police on the motorway for using my mobile phone.

I was texting a friend so have got to accept I was guilty of this.

 

When in the back of the police vehicle I was breathalysed.

I blew 25 when the legal limit is 22 so was arrested for drink driving

and taken back to the police station to be breathalysed on the main machine used by the police

where I blew 17 so was released without charge.

 

I was told "off the record" by the police officer that if I had blown the same as at the roadside

I still wouldn't have been charged as there is a 5% tolerance level.

If I was never going to be charged then I cant understand why I was even arrested.

 

due to me being arrested and taken to the police station my vehicle was taken off the road by 911 Recovery services

and taken to a compound where I had to pay £150 to get the vehicle released on the Monday morning (it was not opened weekends).

 

I argued that I should not have to pay this release charge as I wasn't charged as I wasn't guilty of any offence.

The police on duty agreed and gave me an address to write to regarding the matter.

I haven't received any response.

I had to pay the fee as it was a works vehicle I was in at the time.

 

Where do I stand on this,

should the police be refunding this cost?

 

I got a £100 fine and 3 penalty points for the mobile phone incident.

I am happy to accept this as I am guilty of this

 

In a further twist I received a letter in from the DVLA saying the vehicle I was driving at the time of the incident was untaxed

and that I would have to pay £159 by the 28th of May or be taken to court

 

I drive different vehicles around the country on a day to day basis.

I am a trade plater.

 

Is there anyway I can find out if the vehicle I was driving at the time of the incident was taxed or not

without getting my work involved

 

Whether taxed or not I had my trade plates with me at the time of the incident although they were in my bag and not on display.

This was a mistake on my part.

There was nothing malicious in it.

The police did not check if the vehicle was taxed or not,

in fact it was me who told them that the trade plates were in my bag and not on display

 

Is there anyway I can appeal this with the DVLA.

 

As it stands at the moment using my mobile phone is going to cost me £409

£100 Mobile phone fine

£150 Getting vehicle recovered

£159 Untaxed vehicle charge

I find this grossly unfair

 

Can anyone advise on where I stand in respect of the following

 

getting the £150 recovery charge back?

Finding out if the vehicle was taxed?

If it was how do I appeal this with the DVLA without going to court(if this is possible)

If it wasn't am I covered under my trade plates that were with me at the time

even although I had forgot to display them

 

Any advice on how to deal with the incident with the DVLA would be appreciated

 

Sorry if this is a bit long winded but any information would be appreciated

 

Any questions please let me know

Edited by dx100uk
blank lines and sentences added

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you were arrested for blowing 25 in Scotland at the roadside as you were over the legal limit of 22,when you blew on the machine at the station you blew 17 as your alcohol count was on the way down,you were arrested in case your alcohol count was on the way up

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Yes, arrest is automatic if you blow over the limit at the roadside. No ifs or buts about it. Even if you then blow below at the police station the arrest was still fully legal.

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Breaking news, man arrested for drinking and driving, gets fined for breaking the law. There's a (text) message for us all here.

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Whilst it is not CAG's policy to be judgmental, you were stopped by police for texting on your mobile phone - at which point you were then asked to take a breathalyser test, which at the roadside you were over the limit.

 

At the station you then were under the limit so you were released without charge on the drink/drive part but were fined for the mobile phone incident.

 

Do you not think that you have got off lightly ?


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And on top of that, he wasn't using his trade plates correctly.

 

The OP seems to think that rules don't apply to him.

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