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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Prepayment meter faulty, massive final demand, eon


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first I will describe the problem,

 

I am paying for gas by prepayment meter ,

the prepayment screen on the meter is blank and it will not except payment by the card,

the meter gas reading still works and there is gas supplied even without payment via the card, it's been like this for at least two years.

 

I recently transferred to another supplier for both gas and electricity.

 

I was sent a final estimated bill for nearly two and a half thousand pounds from my former supplier,

 

assuming that I will have to pay them something my questions are:

1 can they calculate an arbituary estimate which I must pay or should it be based on actual readings from meter,

I have noticed on some of my previous statements that they indicate that I have submitted readings to them which I haven't done.

 

2 can I make them send me documentation of the period that they are charging for and the calculation of the fee for that period.

 

3 with the rules of them not being able to back charge beyond the last twelve months,

how could they accuratly calculate how much was used during that period.

 

4 The point of being on a prepayment meter is not to get into debt,

is part or all of the fault down to the former supplier

and should they have to accept all or some of the the losses incurred

 

5 if I have to pay would they except payment by installments

 

niyaman

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Did you ever inform them of the faulty meter ? If not and you have used fuel for free, then you will get charged for the relevant period, based on previous annual uasge in terms of units. The 12 month back billing would not apply, if you knew of the fault, but failed to tell them. You can probably negotiate instalments, but before that you should follow their complaints process and get a detailed response about how the amount was calculated.

 

Your new supplier needs to know of the faulty meter and that it needs replacing.

 

Apparently according to online reports, some people have tampered around with prepayment meters to obtain free fuel and perhaps this may have happened before you moved in. It can be done, so you would not immediately know looking at the meter. Only on further inspection, it is revealed that a part has been altered or changed.

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thanks for your advice unclebulgaria67

i sent a quick reply back but i don't see it in the thread,

so I'm resending it again,

i will contact them regarding a detailed response about how the amount was calculated,

during the time this was all occuring i was away for log periods of time,

i had left a house sitter who was suppose to pay for the gas he used with my payment card

he has informed me that the card did work at the bigginging but then stop all of a sudden and since then he hasn't paid anything,

now that i'm back permanently i have to pickup the pieces.

the estimated amount of kilowatt used is down by about 4000

should i inform eon or continue to use the eon estimate and pay them for that amount

and i assume the remainder would be charged by my current provider and payed weekly via the payment card or by installments or whatever method we workout.

niyaman

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Hi niyaman,

 

This would need to be investigated properly and I'd suggest talking to our pre-payment department as soon as possible.

 

May I just check, are we the supplier you've received the final bill from? And you've now changed away from us?

 

unclebulgaria67 makes some excellent points, the 12 month back billing code may not apply if we haven't been told about the meter not working correctly and we'd have to produce a bill for the amount of energy that's been used.

 

Did you report the faulty meter to us?

 

However, if you can take accurate reads from the meter it's much better that we use these rather than estimates.

 

You should have been getting statements to show what's been used between which dates and the meter reads used.

 

We may offer a payment arrangement, but I can't say for you.

 

To be honest though, I'm just trying to give you a bit of info as this account would need to be fully investigated to establish what's actually going on. Only then decisions can be made about the billing code and payment arrangements etc.

 

As I say, contact the Pre-payment guys as soon as you can and I hope it's sorted quickly for you.

 

Helena

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hi Helena

thanks for replying,

yes i received a final bill from eon and i have a new supplier courtesy of my previous house sitter

as far as i known he did not report the faulty meter.

i will be contacting the Pre-payment people.

thanks again.

niyaman

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