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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • 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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Hoist/Cohen claimform - old Halifax Card 'debt'***Claim Discontinued***


spesh88
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Thanks Ford, Andy.

 

I've completed and printed form N181 as outlined above following your feedback and it's ready to go.

 

Question: In both D2. and D4. I have written "Please see section I - Further Information." and included the details there, as both D2. and D4. entry boxes are so small that I cannot fit all the listed info inside. I assume this is okay?

 

Can I please double-check that I do not need to do anything regarding directions?

 

The letter states "You must... c) file propose directions (whether or not agreed) with the Directions Questionnaire." and form N181 states "Whether agreed or not a draft of the order for directions which you seek must accompany this form." In addition, under D2. Track, it states "If you have indicated in the proposed directions a track..."

 

I'd just like to be 100% certain that once I have sent this pack without directions, I have no further obligations to the court until I next hear from them.

 

Thanks again for your input.

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Well I assume that you have not been approached by the claimant re Directions...and therefore it looks like both parties are opting for SCT.

 

Simply submit it to the court now and a copy to the claimants Sols...if the court disagree re the track they will advise and further request agreed directions.

 

Andy

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correct spesh with a short covering letter stating along the lines of:

 

Please find by way of service, Directions Questionnaire as supplied to the court/claimant's solicitors (delete as appropriate depending where its sent to)

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Next will be the notice of allocation to sct with further directions

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  • 3 weeks later...

Received a letter from CCBC today (18th July) , but it is dated 9th July! A bit worried, your advice appreciated.

 

Quite a lot in it, but it seems it is just a copy to me of a letter sent to the claimant saying they have 7 days to file the directions questionnaire. But it also says there are only 7 days to have the order set aside, stayed etc.

 

Do I have to take any action?

 

Extracts below...

 

"General Form of Judgement or Order...

 

The claimant, you have been sent Notice N149A, B or C which specified...the date by which you were to return the Directions Questionnaire. You have failed to file the Directions Questionnaire with the CCBC by the date specified in form N149.

 

IT IS ORDERED THAT

 

The claimant must file the directions questionnaire with the CCBC on or before 7 days from the service of this Order with CCBC.

 

...

 

This order has been made without a hearing under the Courts case management powers contained in Civil Procedure Rules. The parties have the right to apply to have the Order set aside, varied or stayed.

 

A party making such an application must file the application with the CCBC (together with any appropriate fee) within 7 days of service of this order.

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oh dear looks like the claimant has failed to file their DQ then I bet

7 days is well up now

 

 

no harm in phoning the court and asking if they did file

and what is going on..

 

 

might have already been struck out? and you've already won?

 

 

not sure

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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Unfortunately not struck out :sad:

 

Just called CCBC and they said it has been transferred to my local court and that I would get a letter saying that in the post.

 

So presumably after that the next step is a hearing date from my local court? How will I know if it has been transferred to small claims court?

 

Any further action required by me at this point?

 

I guess things are getting serious now.

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So presumably after that the next step is a hearing date from my local court? How will I know if it has been transferred to small claims court? You will receive a Notice of Allocation with the courts Directions.

 

Any further action required by me at this point? No

 

I guess things are getting serious now.

Not really :wink:

 

Andy

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  • 1 month later...

Just received a 'General Form of Judgement or Order' from my local claw courts dated 16th August. Your advice appreciated regarding what action I must and should take.

 

"Upon reading the statements of case and directions questionnaires filed

 

IT IS ORDERED THAT

 

1) The Claimant shall by 4pm on 30 August 2016 send to the court and to the Defendent copies of the agreement, default notice and notice of assignment referred to in the particulars of claim

 

2) The Defendant shall send to the court and to the Claimant a further statement of case by 4pm on 13 September 2016. This must set out a coherent statement of facts which, if true, amount in law to a defence to the claim.

 

3) Upon compliance with paragraphs 1 and 2 of this order the court file shall be referred to District Judge XXXXX for further directions.

 

4) Because this Order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.

 

Dayed 26th July 2016"

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Great means if they don't comply puts you in the driving seat

Could get struck out

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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So just wait until the 30th?

 

What should I be sending in a further statment?

 

You cant comply with point 2 until/if the claimant complies with point 1.

 

Andy

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 2 weeks later...

Today I received a letter from Howard Cohen & Co.

 

"...After further consideration, we have been instructed by our client to discontinue County Court proceedings against you. Therefore, please find attached our client's Notice of Discontinuance. We confirm that the same has been filed at the court. We trust this concludes the matter."

 

So, that's good, right? :wink:

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Thats perfect spesh...well done....thats the end of the claim

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

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 OTHER

 

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Thanks for all your help (and dx too), I definitely would like to make a donation.

 

A couple of further questions I'd like to ask if you don't mind.

 

1) Under what circumstances can they bring this back to court and how long do they have to do so?

 

2) If this showed on my credit rating, would it 'disappear' this month, if I had defaulted Sep 2010?

 

It will be 2018 before 6 years have passed since I last made payment,

but the default notice was issued September 2010.

 

 

It is my understanding that they need the permission of the judge to bring this back to court

- presumably a judge would want to see the documents previously requested

- if they could produce them, then I assume the case could go back to court prior to 2018?

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1 none

 

 

2.yes

 

 

they can start a fresh new claim or sell it on

 

 

but I very much doubt either.

 

 

dx

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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Fabulous news spesh, very well done. :whoo:

PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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  • 1 month later...

Just had a letter from the court stating:

 

"IT IS ORDERED THAT

 

1. Unless the Claimant, by 4.00pm on 21st October 2016, complies with paragraph 1 of the order made on 26th July 2016 the claim shall be struck out."

 

Also says that if they do comply, I have until 4th Nov to comply with paragraph 2.

 

I assume all of this is just tidying up the case from the court end and no further action is likely to be taken. It does surprise me however, how long it has taken to get to this stage and also, that the deadline is just one day after I received the letter!

 

With regards to another issue I brought up earlier, my credit file (at least according to noddle) still claims that I owe Hoist £9.2k despite this case (perhaps it will disappear once struck out?) and despite it now being over 6 years since I originally defaulted. The last update to my file was Oct 2016 saying "account has defaulted" as it has done throughout. Any advice on this? I can dispute via noddle I think, but other than that, not sure of how to proceed.

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