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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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hi to everyone,

i parked my car on whitechapel road today at 13.04,

an went to collect the pre ordered cotton bale from from a shop which is 7 min walk away from loading bay.

 

 

it took me 15 -16 min to go n come back.

 

 

i came back in my car with goods at 13.19 i saw pcn on my car.

 

 

traffic warden observed from 13.04 till 13.09 n then issued a ticket.

 

 

i m just confused as there was 20 min loading was allowed

and i went to collect the goods and came back within 20 min.

 

 

why he issued the ticket?

 

 

i also got a letter from the shop in which they said that i was there to collect my goods.

 

 

what do you think guys i have any grounds to appeal?

 

 

n one thing more there is no contravention code on the pcn,

 

 

only reason is mentioned which is (Stopped where prohibited red-rout clearway)..

 

thx

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Any seggestion?

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Were you in a commercial vehicle or private car? Loading bays are for commercial loading only and not for general shopping.

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Were you in London ? If so, read this https://tfl.gov.uk/modes/driving/red-routes/rules-of-red-routes/loading-for-the-public

 

Loading bays, unless otherwise specified on the sign at the loading bay, are for anybody to use as long as they are loading/unloading.

From the link, "Loading bays are an essential part of the red route network as they allow businesses and the general public to make and receive vital, and often bulky deliveries.". There is no mention of commercial or goods vehicles.

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Yeh I understand, car also can stop for loading in loading bay... But what type of proof i should submit to them that i was loading? Manager letter is okay?

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You can only try. Explain what you were doing in writing, and send the manager's letter too.

 

You are not guaranteed to have it cancelled, since most of the time you were walking as opposed to loading/unloading. I don't know how far you had to walk in seven minutes (generally, walking pace is about 3 miles per hour, so that would work out at around a third of a mile), as loading/unloading is permitted on yellow lines, and the council may well decide that you could have stopped closer to the premises. All you can do is try an appeal and see what they say.

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isn't the idea of a loading bay to be close to where your are loading / unloading

 

for example the observation within 5 minutes should show some sort of movement between vehicle and business or even if your vehicle is parked in a loading bay and you saw an observer watching your vehicle surely you would approach and discuss how long you are going to be

 

where I understand you were loading your vehicle you were not loading from the immediate vicinity therefore may not have much of a log to stand on

 

out of interest the business you were collecting from do they not have a loading area close to them or even on there property ?

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There wasn't any free space available mewr to that business on that time , i checked all nearby spots , all of them were packedup...n that business they don't have their own parking ...

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personally think you are going to struggle with this one, as you were not loading or unloading in the immidiate area,

 

If you were able to carry your load from company back to loading bay the argument would be you could carry your load to a car park, therefore the loading bay was of no use to you

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Thx liverpolluk for your suggestion. I have sent them the representations in writing , gonna see what is thier reply..

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Received reply for my appeal , the canceled pcn...

Thx everyone

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Well done on persisting with this, but nice to see a bit of leniency on the council's part.

Incidentally (this being my first reading of this thread), I would have said that you weren't technically "Stopped where prohibited on a red route clearway". You could have been done for being parked contrary to the restrictions of a loading bay.

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