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    • or PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH        For either option, does it say which appeals body they operate under. Yes      This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system. The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see. The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system. I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.    Below is CE  evidence to POPLA and  2 photos of my evidence. I have omitted other CE evidence as it includes personal and private details. I will upload POPLAS decision soon    CE to POPLA   ce to popla.pdf ce to popla 2.pdf ce to popla 3.pdf ce to popla 4.pdf ce to popla 5.pdf view approaching car park.pdf view from my parking bay.pdf
    • Hi MIE   I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.    In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.    I’ve not received any documents or a response to my SAR.    Particulars of claim in #5.    Defence below (I know it’s not the best, but it’s all I could come up with).   DEFENCE   1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019.   2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.   3. This claim relates to an alleged salary overpayment.   4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011.   5. It is admitted that the Defendant has made a payment of £465 to the Claimant.   6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested.   8. The Defendant is unable identify through financial records that amounts were received as alleged.   9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information.   7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim.   8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement.   9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred.   10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor].   11. Claimant’s Solicitor has not sent any of these documents to the Defendant.   12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received.   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.   15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.   16. It is denied that the Claimant is entitled to the relief as claimed or at all.   Statement of Truth The Defendant believes that the facts stated in this Defence are true.
    • Thread moved to Debt Collection Agencies Forum.   Andy
    • We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.   Andy
    • the pursuers don't have to serve a DN the original creditor did the pursuers have failed to prove one was ever served. fatal under section 87 of the CCA    no signed cca nor relevant T&C's    
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armadillo71

POPLA - Statement by the Lead Adjudicator.

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Following the Court of Appeal judgment in ParkingEye Limited -v- Beavis, an appeal has now been filed at the Supreme Court of the United Kingdom.

Before judgement was handed down by the Court of Appeal, we received applications for the adjournment of POPLA appeals, in cases where it was submitted that the Court’s decision would have an impact on the outcome of the POPLA appeal. These applications were granted. Assessors also adjourned cases of their own motion, where it appeared that there was no other issue upon which the appeal could properly be determined.

The above case having now been filed at the Supreme Court and after careful consideration, the same practice as outlined previously and as applied in the courts, will now be followed as regards all similar applications for adjournment. Further, this also means that where it appears to the Assessor that a POPLA appeal raises the same issue, and there is no other ground upon which the appeal can be determined, the matter will be adjourned.

http://www.popla.org.uk/ParkingEyeLimited-v-Beavis.htm

 

 

 

 

ParkingEye wanted and got, cases stayed at POPLA until the Beavis case was heard at the Court of Appeal.

 

 

They 'won' the at the Court of Appeal.

 

 

An appeal has now been filed at the Supreme Court.

 

 

I believe that PE have ' bitten themselves on the b*m'....

 

Could every appeal to POPLA potentially be stayed?

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So, anyone appealing to POPLA for a decision on a ParklingLie ticket needs to do so on grounds other than GPEoL for the time being. Should be easy enough thumbup.gif


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so, if every person who gets a PE NTK appeals on GPEOL they wont earn a penny for at least 2 years. I wonder if they have considered that? can their business survive that long without any cashflow.

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so, if every person who gets a PE NTK appeals on GPEOL they wont earn a penny for at least 2 years. I wonder if they have considered that? can their business survive that long without any cashflow.

 

Together with getting booted off Retail Car Parks for the amount of complaints that retailers are getting, I hope they go out of business before it gets to the Supreme Courts.


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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The other half has just got her PCN reminder from PE and it has on it about how they WON the case and recommended that we read about it on their website. Haven't bothered, just sent of the appeal using GPEOL.

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Whilst I hate myself for doing so.... Giving Parking Lie the benefit of the doubt for the moment, what's the date on the reminder? Barry Beavis only filed his appeal with the Supreme Court on 3rd June, so I'd say that if it's dated on or before 3rd June they couldn't have mentioned the appeal.

 

Anything dated after 3rd June (so 4th onwards) could see Parking Lie snorkeling in brown stuff should they be stupid enough to proceed to court.


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PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

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Reminder was dated before appeal date. PE still have it on their website though as of 5 minutes ago.

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