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    • You do realise all your pers details are shown in file info/properties?   It's why our upload guide states use pdf only    Dx
    • Remember that your hearing is for set aside, and only for set aside.   The judge couldn't give a monkey's whether your defence is legally sound and able to beat the fleecers on every point.  That's for the judge for the final hearing much later down the line.  The judge will want to know    - if you have a serious reason for not defending the first time around, and    - if you have a defence.   That's all.  Oh, and you didn't faff around for months before applying for set aside.   Therefore it occurred to me that forcing motorists to queue up in shops to get vouchers to then faff around at machines to input codes, rather than just, er, allowing two hours free parking, could be construed as an unfair term under the Consumer Rights Act "notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer".   To a large extent at this stage it doesn't really matter if I'm right or wrong or clutching at straws, the judge just wants to see an series of bullet point you intend to argue in your defence.   If you do include it I now see the Act is 2015. not 2019.
    • This is the letter I sent to P.E.on behalf of my friend, who is a work colleague.  P.E.sent nothing that was requested, and instead sent a letter which is the one posted in this read.  here is what I sent to P.E.     Dear Sir/Madam,                                  Before I am in a position to decide what to do with this pcn, please supply me with the following documentation, no later than 10 calendar days from the receipt of this letter.   1.Please supply a  full unredacted copy of your agreement with the land owner allowing you to enforce parking regulations. Unless of course, CEL are the legitimate landowners, in which case I require a copy of that proof as registered with the land registry. If however,CEL are not  the legal landowner of the said land, then you will have failed to constitute a contract with the land owner giving you the rights to enforce parking on the site.     When considering wether you are the legal land owner, and entitled to the stated fee, please bear this in mind:-  2.If CEL are not the legal land owners, then your penalty charge would be deemed illegal under the Unfair Terms in Consumer Contracts Regulations 1999,if you are not the legal registered landowner. It is also an unfair term according to the Consumer Rights Act 2015 regulation 62(4) October 1 2015.   3. I require you to provide me with a breakdown of how you reach the claimed figure. Please be aware of Judge McIlwaines comments in VCS v  Ibbotson Case No 1SE09849 16.5.2012 (transcript in the public domain), where judge McIlwaine said  “Parking charges cannot include business costs which would occur whether or not the alleged contravention took place”.   Based upon that evidence, I suggest that the amount claimed is excessive and is being enforced as a penalty for allegedly parking. The parking charge does not represent a genuine pre-estimate of loss, and therefore is unfair as defined in the Unfair Terms in Consumer Contracts Regulations 1999. The charge is also, nearly double that of what a council parking charge would be.   I believe there is no contract with the landowner that gives CEL the legal standing to levy these charges nor pursue them in the courts in their own name as creditor.   4. Supply  me with documentation showing how or where I formed a contract with CEL.I don’t recall entering into a contract wether fomally, verbally, by phone, text, email, or in person. Signs do not help CEL and drivers to form a contract.CEL, I believe, are only an agent who may or may not be the legal landowner as registered with the Land Registry.  Excel -v-HMRC 2012 is the binding decision in the Upper Chamber which covers this issue with compelling statements of fact about this sort of business model.   5. CEL have not said wether the pcn is for damages for trespass, or a contractual sum. Please specify which it is.   6. I do not believe that CEL have planning permission to erect signage (or the cameras) at this location),required under section 2a, town and country planning act,as defined in the Information Commissioners code of practice, book, updated October 2017.Here is the section you need:-   “Given the significant amounts of information that ANPR systems are able to collect, it is important that individuals are informed that their personal data is being processed. The best way to do this is through signage explaining that ANPR recording is taking place and, if possible to do so, the name of the data controller collecting the information.   While it is a challenge to inform motorists that they are being monitored, there are methods you can use, such as the Town and Country Planning Act (control of advertisements) Regulations 2007, to help provide this information (see section 9.1.2 for further detail)”. You will find this on page 34, section 5 of the said handbook. If  however, you do have planning permission from the local council to erect cctv/anpr cameras and signage,, then please forward me a copy of the planning permission granted. I also require a copy of the approved planning application, approved site plan and schedule of installation and maintenance of the signs, and cameras.   7. Do not try and frighten me into paying by quoting the Supreme  Court case of Parking Eye V Barry Beavis. Here is some information before and since that case.:- Parking Eye actually pay a fee to the landowners of the car park in question in the SC case, which is why no other cases using this case have gone to county court.  Furthermore,Judge J J Maloney did say in his case that he is “ only a district Judge and each case would be different depending on its issues”. Either provide me with all the documentation I have requested, in the time scale stated, or simply  cancel your actions.                                                   Yours Sincerely   Obviously i changed the name from CEl to Parking Eye.   For a windscreen ticket.docx
    • Good evening   Have something of nothing really to tell   BigMW - I received an email yesterday from the business manager requesting that I attend in person...rather ironic considering I'm imobile hhmmm....   " If you require further information could you please come to site and present valid ID.  The purpose of this is to prevent fraud"   I would deem this an unreasonable request!! Firstly it's taken 36 days to respond, why isn't my drivers license feasible?  Please advise here   Creation Finance -  Received Docs from Sar request - Doc confirming pcp attached....What do you think?   Further to the above, I should have heard back from their investigation (20/05/2022) . I've heard absolutely nothing!  Do I at this point send a nudge email to them or just go straight to FOS regarding both parties?   Thank you     PCP contract_.pdf
    • SAR, yes do both, could be useful for cross referencing   The dates you've given for moving abroad also change from your original post so the more info you can gather the better   Also, there's quite a few questions you haven't answered that could be useful.    
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Lowel/Carter claimform - cap1 credit card debt


rob14973
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No response to their point 3 ?

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Good point

 

have received a letter of default. This default was issued on the account whilst in dispute for cc charges however i assume lowell will not have the paperwork for this right?

 

Regards

 

Rob

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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I doubt it nor Cap 1....but probably better to disregard it on this occasion.

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So put this in for paragraph 3

 

Paragraph 3 is denied. The Defendant has never been served a Default Notice pursuant to the CCA1974 .

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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No..... paragraph 3 is denied, the claimant has failed to produce any evidence of a Default Notice being served or any evidence of any breach and furthermore would not be in a position to have knowledge of this.

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Ok thanks Andy

 

I have amended the Defence above can you check it one more time then its good to go.

 

Thank you

 

Rob

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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Fine ...just tweaked your 3 slightly...rest is good to go.

 

Regards

 

Andy

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This might sound like a daft question but i have to send in my defence via email. Can i download a blank claim form from internet so i can type in my defence or can i just type on a word document and attach to claim form. What i dont want to do is have to hand write.

 

Advice appreciated

 

 

Rob

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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Just a attach a word doc to your email ..make sure to put the claim details in the header...and also add a statement of truth to the defence.

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  • 1 month later...

I submitted my defence on the 11th November and heard nothing since how long have they got to reply ?

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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Did you receive an acknowledgment of your email submission rob ?

We could do with some help from you.

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Yes they sent me an acknowledgement on the 11th november thanks for email etc same as they did on the 22nd october for my acknowledgement of service

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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They have 33 days in total to decide if they wish to respond and progress the claim....otherwise its stayed.

We could do with some help from you.

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It my book its 35 days from the 11th november right ? If so whats the next step?

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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Nothing ...the claim is stayed....enjoy your Christmas and forget it.:-)

We could do with some help from you.

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You understand what stayed means rob ?..it means paused.....parked and not until the claimant decides to make application with fee to lift the stay and proceed...which may never happen..will anything further happen.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Oh did not realise they could re open however i have just read about it :(anyway but if they do pay up im ready for a battle :)

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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I am now debating whether to go and get penalty charges from cap1 something to do through xmas

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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  • 2 months later...
Update Today i received a letter from carters and they have passed the debt back to lowel.

 

Passed representation back to Lowell's own Solicitors?

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Just says we are no longer instructed in connection with this matter and have returned to our client Lowell financial Ltd

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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