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    • Thanks dx, will do this tomorrow morning when I have access to a pc (find it easier and quicker than my mobile). Just having a good old read through similar threads atm. Wow some of this jargon is hard to take in 😳.  Thank you for your support x
    • please complete this:   and scan up bothsides of your NTK read upload carefully PDF only please!!   safe to ignore powerless DCA's they are not bailiffs  
    • yes ring the court and get it moved directions might stay the same though for fee/WS exchange mind.   dx   dx  
    • Driver entered car park run by CEL Ltd . Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods a couple of miles away .   I have a copy of a collection of goods note with an approximate time on it   Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning    ANPR cameras registered first entry and last exit    Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere !   Been to site itself . No signs at entrance . When entering from main road nothing !   Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left .   After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that !   This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt    The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness   The pack of lozenges cost £185 !   Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimida ted . Very stressful ! Any  advice please ? I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
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narrox

SIP/Gladstone claimform - PCN Clippers Quay in Salford **WON+COSTS** not paid bailiffs afoot!

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Hi all,

 

Just received a new letter saying that the order had now been set aside, apparently Gladdys did submit documents after all and that allegedly the court never received my documents and as result they are now filing a default judgement!

 

Clearly someone at the court has misplaced both our documents, what do I do now! They are ordering for me to pay £175 by the 9th May!

 

I sent it special delivery, so I will have the receipt somewhere, your help on this would be much appreciate, this case just seems to never go away!

 

I have attached the photos

 

Thanks all :)

0 (1).jpeg

court.JPEG

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to ONE PDF please

follow upload


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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who sent you the strike out letter?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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obviously you get on to the court and tell them the documents were filed

and you have the proof

 

and demand to know why the matter has ended up like this as a set aside is just that, not a default judgement.

 

You may have to complain to someone at the MoJ

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I contacted the courts they have confirmed receipt of the defence, I have now provided them will all evidence of the delivered and signed for defence to both the courts and Gladdys.

 

Ridiculous, the solicitor has a moral obligation to act in a professional manner. They are in receipt of my defence and have chosen not to disclose this, I await to hear back from the courts regarding this.

 

Regarding the payment that's due on the 9th, what will happen as I await advices from the court?

 

Cheers

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report the to the SRA

 

No you dont wait for the court to act,

you get back onto them and ask them to put the matter in front of a judge as it was their error that allowed this defective default judgement after it had been struck out.

 

Then find the number for the Ministry of Justice and start a complaint going about the competency of the judgement esp as you were told the claim was struck out etc.

 

 

Shame about the election or you could get your MP to kick Ed Davey.

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Okay,

 

So I got all that sorted it was an error with the courts admin they got the documents after all!

 

Now I've got a court date set and the court fee has been paid so I need to get my documents together any tips?

 

What should I be taking with me?

 

Also can you update the thread title as it hasn't been struck out sadly!

 

Thanks!

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anything you rely upon in you defence/witness statement

inc notes on old cases photos

letter copies etc etc.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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everything yopu can get your hands on, screen shots of other claims that were defeated, pictures taken inthe same light as when you wre there, maps of signs and street lights etc.

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Cheers, is there any need to include directions questionnaires that were filed?

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nope as that a court doc the court will already have


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks, wasn't sure if all pre-existing court documents such as Acknowledgement of statement was required when sending the bundle.

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no you send the docs you intend to RELY on

 

 

when I say everything I mean everything you can dig up that helps you regardless of how relevant you think it is but certainly everything you want to refer to

 

 

if you say that a case was reported on the MSE forum you copy that thread off and have it with your appended documents, along with a copy of the POFA etc.

Copies of all docs to the claimant's solicitors as well.

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Hi all,

 

Just received the bundle from SIP, what do you make of it?

 

Looks like its been put together very quick, I particularly enjoy the part where they say about providing the keeper with an early repayment discount because it says so on the signage... that is for the driver the NTK didn't provide the keeper with any discount.

SIP WS.pdf

Edited by dx100uk
16Mb file reduced to 33kb - dx

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need the exhibits too


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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and the original NTK which they sent me

Screen Shot 2017-06-20 at 11.39.59.png

Screen Shot 2017-06-20 at 11.40.03.png

Screen Shot 2017-06-20 at 11.39.54.png

Screen Shot 2017-06-20 at 11.39.49.png

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PDF please in one multipage doc

Upload


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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quite so,

they don't use the POFA to avoid offering a discount.

 

serves the right that you will raise this matter and that will make the rest of their evidence look suspect as well.

 

Beavis not relevant to their claim

their contract (signage) doesn't describe what a valid ticket is nor how a ticket becomes invalid.

 

Their image of signage doesn't show anything at the entrance to the car park but that is a minor matter because the contract is what is written on the ticket machine, not the signs and you accept the contract when you feed the meter, not upon reading the sign so you will take photographs of the meter and highlight any differences between the wording on there and the signage

 

their contract is rubbish

a list of sites,

no contract at all because if you look at the rest it is an agreement between SIP and SIP.

 

This has been shot down before

(look it up, either the result of a court decision on another post here or on the parking pranksters blog- I will see what I can find)

 

as it doesn't have a complete chain of authority back to the landowner and that is why they have offered this as a contract and not a proper one

 

Hi all,

Just received the bundle from SIP, what do you make of it?

 

Looks like its been put together very quick, I particularly enjoy the part where they say about providing the keeper with an early repayment discount because it says so on the signage... that is for the driver the NTK didn't provide the keeper with any discount.

Edited by honeybee13
Paras.

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Court day tomorrow!

 

How do I raise the question of 'Right of Audience'

do I simply just ask as to what capacity the representative is operating in and whether they have the Right of Audience,

don't want to annoy the Judge straight away!

 

Thanks all!

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you've had 3 weeks to research that


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi all sorry for the late reply!

 

The case was dismissed the judge was not impressed at all, I was awarded costs :)

 

Gladstone's have now ignored all my correspondence and have not paid the costs as outlined on the judgement, what do I do now contact the courts?

 

Totally unprofessional and no respect for court protocol whatsoever

 

Thanks for all your help!

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yes tell them you want court bailiffs to enforce the collection of your awarded costs


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Now that would be amusing, a collection for £18.90!

 

Its simply the principle at this point really!

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What did the judge say about payemt of costs

- immediate or 14 days (usual)

 

 

If they dont pay you instruct the court bailiff to collect from SIP.

 

 

Phone the court number and press 2 for bailiff or whatever, phone early or they will be out chasing others.

 

Gladstones will do their usual and wash their hands of this matter despite it being them that caused all of the bother in the first place being the IPC in a different frock and all that. Still SIP will have learned a lesson.

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