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    • it appears to me looking on googleearth each park park has its own ANPR system.(their poc states Blue 3) it would be unthinkable that you would have left the car there and walked everywhere. you must have as you say, which is good evidence, that you left the wife there and came back and also drove around to differing shops too in differing carparks thru differing ANPR cameras.   this is where your bank statement for the days transactions can help you, to show that day you/mrs paid several shops by debit card?   i've not got time to read yours WS yet today..but you are a LiP so a day or 2 later wont hurt. beack to my question, you answer in ambiguous...do you have to pay there to park at all and did you pay? or is the whole area free until you hit a time limit?   
    • Hello Dx100   Its OK lol for you not seeing that point, but can we use the fact that they have filed irrelevant evidence to our advantage?   Its over 1.5 yeas ago but from my recollection , as the site is vast, ( I even visited it yesterday !!!!), in order to visit some shops, like Homesense, which is a fair distance  from the blue car park park,  rather than keeping the car in one spot and walking all the way to the distant shops, its far easier to drive and re-park at a new site, which as I recollect is what I did, but cant give exact times. I must have returned at some point to the Blue car park to pick up my partner as she does like to spend long hours  in  shops, . To be 100% truthful, I cant remember the exact time of  the initial exit and re-entries  into the blue car park, so I feel we may have better grounds homing in on the numerous signages they have included some which dont t even have times restrictions for customers, such as the signages on ages 14 and 17, where the only restriction on the later is 2 hours maximum stay for STAFF only   As Dave eluded to in post #26, I feel the signages, double recovery and locus standi are the points that perhaps we should home on, because I would be a bit worried about the double dipping being the main one as i truthfully cant remember my exact activities and journeys within the shipping complex car prks on that day 100%.   I am getting nervous as my WS is a bit long winded and very clearly that of a lay man , with not many 'test cases' being brought to the judges attention, purely because I only received the claimants WS on FRIDAY 15th Jan 2021 by email at 1.45 pm .   With a bit more time, I would be more relaxed nd ben able to read through many other cases much more thoroughyl but am a bit worried         Yes, there is no monetary fees involved at  merry Hill so correct never paid them  a penny 
    • but what did you complain about and what evidence do you have in B/W that they did terminate in 2008? any?
    • and why did i not see that... so back to what dave said, you went in and out of that car park atleast twice? but ofcourse you never paid anything anyway?
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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Capstone/drydens CCJ -old HBoS card - now findout it was SB'd at time of CCJ


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Hi,

In around1999-2000 i had a card with BoS, which was defaulted on around the start 2001.(balance around £1650 )

 

I initially made £1 token payments through the CAB,

this lasted only around 6 months,when i stopped paying.

 

After being threatened with a statutory demand in 2008

i began paying Capquest £10 a month from 29th OCT 2008. (the balance stated then was £1900.00)

I kept this up until 30 Sept 2009.

 

In Dec 2013 they took me to court and got a CCJ for £10 a month which ive had to pay since.

(balance had become £2760.00 ?)

 

My question is

 

,is there anything i can do about this as i believe it was most likely Statute Barred by late 2008

and from what i realise now it probably shouldnt have gone to court

.

Thanks

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stop payments..force it back to court?

write to the claimant - tell them you now realise the debt was SB'd ask them to cancel it?

 

 

not sure

 

 

I expect andyorch will pop in soon.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

There must be a clear 6 years gap of no payment or acknowledgement either after default and before issuance of the court claim.

 

Default start 0f 2001..

 

Made payments of £1 for 6 months (July 2001)

 

Made payments of £10.00pm from Oct 29th 2008 - 30th Sept 2009

 

7 years gap

 

Dec 2013 claim issued/Judgment debt already statute barred.

 

So you can make application to set a side the judgment based on the fact that it was already statute barred at the time of claim.

Go to the Legal Library and download form N244...the fee is £155 with a hearing and you will have to submit a SB defence/reasons also with your application.

 

Also you require a refund of payments made Oct 29th 2008 - 30th Sept 2009

 

Regards

 

Andy

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