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    • Hi.   Could you let us have the information requested in the forum sticky please? This will help us to advise you. In the meantime don't worry too much about this.     HB  
    • So last August my girlfriend went to Legoland with the kids (4 & 8) and her mum and then went to Pizza Express in Windsor. They parked at Castle Car Park.    They paid to park and went to eat. They were then a few minutes late back. There was already an attendant issuing a ticket. The attendant then waited until my girlfriend was over ten minutes late to issue the ticket despite her being there well within any grace period.   My girlfriend appealed to Ultimate Customer Solutions end of August but did not receive a response (they later said they emailed a rejection which my girlfriend never received until it was resent). Then in August she received the first debt collection letter. Then my girlfriend was advised to respond to UCS requesting an Subject Access Request (SAR) which they have not ever acknowledged or responded to.    So then we thought they had gone away until we received a letter from CSB solicitors (same address as UCS) advising they would be beginning court proceedings against my girlfriend. I told my girlfriend to complain that they haven't responded to any of our requests so she called the number of UCS and was basically accused of being rude to the t*** at the end of the phone. She wasn't but he wasn't very helpful and said they had responded to the appeal and sent it again. This was on the 16th January 2020.    On the 29th Jan this was sent after another chase to the solicitors:   I have reported UK Parkings ltd to the ICO as they are in beach of GDPR having ignored my SAR request. Further to this I was not notified that my initial appeal had been rejected and therefore cannot further appeal in a standard way and therefore I am awaiting further advice for ways to appeal against this unfair PCN.   As it stands should you decide to further contact me in regards to this matter without good cause I shall be seeking legal advice as per my statutory rights.   My girlfriend then received another letter from UCS threatening debt collectors (I told her not to worry about this) and so she wrote to the solicitors asking for an update:   Email dated 21/02/2020 I am writing to you regarding my email sent on 29th January, below. I still have not received a response from you and I left a voicemail for a solicitor to call me from CSB Solicitors, which I have also not received. I would like to speak to a solicitor regarding this PCN.   The solicitor responded via email the following: Dear Madam,   Thank you for your email.   Following your email below, we reverted this matter back to our Client for their instructions. We will only be able to respond more fully once these are received.   At this stage we have no further instructions other than to send out a letter to you dated 16 January 2020.   We hope to be able to respond more fully once these are received.   Yours faithfully,   Solicitor   So UCS are not actually doing anything they should do but nobody we have complained to has actually come back to us so not sure where to take this because I don't have time for court and I would rather just have someone take the (insert appropriate word here) to task on these unbelievably poor practices!   Any advice on next steps?   Thanks    
    • Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.   The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.   For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/     Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.    
    • They were communicating with lawyers associated to me too   They can’t serve a SD on your lawyers, only you.   As I said earlier - the lawyer stopped communicating  around the date on the SD they incorrectly served.  And the bank told me the receiver was now handling things and not to deal with them anymore.   The receiver never asked me where I was.  But he did email and I did reply or he did get auto reply.   Since I did have email communication with them - I don't think they could say they did everything possible to find me,  All they had to do was ask!  And then we could have discussed the situation.    It almost is the reverse - they did nothing to try find me.  And if a PI is employed to do surveillance then he must have realised only one person - the wrong one - lived at the  wrong address.   Does anyone have any info re post #26 and #28 above?   The property is being marketed for sale and the receiver is negotiating offers, so there was no reason for me to expect bank/ lawyers to be trying to locate me to serve any papers.      Surely any loss to them has to be proven upon an agreed sale.  It hasn't sold yet,   They may still get a high enough offer to prevent any large debt?  There could then be a different discussion re terms of repayment?   So I was not expecting anyone to be trying to find me!   But this is a bit of a digression from what  should I be doing NOW? Should I send them an SAR?  If they do intend to serve me correctly this would be useful, yes?   I am sure they have added all sorts of unnecessary costs to the debt that could be challenged?   Also there is a question over if they even had a valid notice of assignment?  They would have to produce that in the SAR wouldn't they?   This was a real query for me ages ago but it never got pursued legally.
    • Expect them to bring up every communication and claim that you’ve been dodging them / not providing them with an address to serve to.......
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Wi3347

Excel/BW claimform - PCN Swansea SA1 2012

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The saga continues.

 

 

Another letter from BW Legal saying "Letter of claim" on it, but all it is, is another letter demanding the same amount of money by 6th of March 2017 or their client WILL instruct them to take legal action :violin:

they said in their letter last year that was the last chance before they took legal action.

 

 

Im of the opinion they know its pre POFA and I have no liability and are just continuing to try their luck and are now putting "Letter of Claim" across the top to make people think its at a more serious stage or something?

 

my intentions are to ignore?

 

Regards

47

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yep. claim you owe something

not letter before action...


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

 

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they are not only rubbish solicitors but also rubbish clairvoyants.

 

They cant tell what thir client will do on a certain date but i will also offer a view of the future.

They will lose a court claim if they make one.

 

Dont bother responding, Excel have taken a bit of a beating in court recently on defended claims so BW are probably sending out a letter for free to kiss and make up with them for costing them money for their last day out.

 

Expect a letter saying you have won the Canadian lottery, all you have to do is pay them a £160 admin fee and the prize is yours I always wondered how they got peoples names and addresses, perhaps there is a link?

 

The saga continues.

 

Another letter from BW Legal saying "Letter of claim" on it, but all it is, is another letter demanding the same amount of money by 6th of March 2017 or their client WILL instruct them to take legal action :violin:

they said in their letter last year that was the last chance before they took legal action.

 

Im of the opinion they know its pre POFA and I have no liability and are just continuing to try their luck and are now putting "Letter of Claim" across the top to make people think its at a more serious stage or something?

 

my intentions are to ignore?

 

Regards

47

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Well ladies and gentlemen.

 

I am surprised to say I have just received a claim form from county court!

 

I think there is a section of what to do now isn't there?

 

I will push it all the way through I'm not at all bothered by going to court.

 

It's always been on principle anyway that they demand so much money.

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first thing to do is acknowledge the claim.

Best done online at moneyclaimonline.

That way you can keep an eye on the clock for when they have to do the next bit.

Then you have an extra fortnight to submit a skeleton defence.

 

In this time you send off a CPR 31.14 request to BWL demanding sight of their contract with the landowner that assigns the right to enter into contracts with the public and to make civil claims in their own name.

 

Also ask for sight of the planning permission for their signage under the Town and Country Planning Act 2007.

 

Lastly you ask for strict proof of who the driver was at the time and copies of any notices or correspondence issued by their client.

 

Give the 14 days to respond.

They wont so you can add this failure to follow procedure and show evidence of a cause for action in your skeleton defence and ask for the claim to be struck out (on several grounds )

That will force the to either discontinue or risk a costs order, which will be your next request to court.

 

Get cracking so they are damned whichever way they go.

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Ok perfect. Thanks.

Just to confirm.

 

Tick the option to dispute the whole claim.

Then shall I apply for the 28 days?

 

The extra time to prepare defence part?

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14link3.gif request running to the solicitors

.

don't signlink3.gif anything

.

here is the CPR you need to send:

 

 

to the solicitors

[Your address]

.

[Their address [solicitors]

.

[Date]

.

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the claim formlink3.gif in this case issued by you out of the (Name) county courtlink3.gif.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

.

3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court.

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

.

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence.

.

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT

 

........


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

 

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Ok, thats all done as above and i will post it to them tomorrow unsigned. I looked at the "fill this out" bit above but it seemed more to do with current accounts and overdrafts etc etc than PCN's so i dont know if its worth filling in? but of you think its worth it i will.

 

Thanks

Regards,

47

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well atleast the POC and the dates


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

 

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once you tick the defend in full you automatically get another 14 days added to the existing fortnight from the date of issue.

 

You don't have to apply,

all you need to do is get a few bullet points in the relevant spot and it progresses to the next bit.

 

The reason you aren't doing that now is you want to hit them when they don't follow the court procedures regarding the CPR information request.

 

If you delay sending that to the solicitors you will run yourself out of time so get a move on with the CPR 31.14 and the ack of service .

 

Ok perfect. Thanks.

Just to confirm.

 

 

Tick the option to dispute the whole claim.

Then shall I apply for the 28 days?

 

 

The extra time to prepare defence part?

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I got the cpr request and ack of service done on the 16th.

 

Then received a condescending letter in the post from BW legal saying as you will be aware we have served a claim against you and then a little section saying this is what you NEED to do now :roll:

 

Name of claimant - Excel parking services LTD

Date of issue - 13 March 2016

 

 

particulars of claim

1.the claimant's claim is for the sum of £100 being monies due from the defendant to the claim in respect of a parking charge notice issued on 6th of August 2012 at XXXXX hrs at Swansea SA1

 

The PCN relates to a XXXXX under registration XXXXX.

The terms of the PCN allowed the defendant 28 days from the issue date to pay the PCN but the defendant failed to do so. Despite demand having been made the defendant has failed to settle their outstanding liability.

 

 

The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum and a daily rate of 0.02 from 6th August 2012 to 10th of March 2017 being an amount of £33.56.

The claimant also claims £54 contractual costs pursuant to PCN terms and conditions.

 

Regards

47

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Well they can get stuffed, to use the polite archaic term.

 

The contract you are purported to have entered into is for the sum of £100.

That is what they can claim. End of story.

 

But they still haven't said what it is for: Is it a contractual charge, or is it a penalty for you breaching the contract.

 

But I would say at this stage ignore anything they have to say, and deal solely with the instructions of the court.

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they are hoping you are bricking it and are going to pay up.

If you dont their client will lose some more money and they will both look stupid.

 

Later on you should consider asking the court for a full expenses order for their unreasonableness

(ie they know that pre-POFA they have to show strict proof of driver identity) under CPR 27.4.2(g)

 

You may be asking for a striking out of the claim anyway,

 

wait until you get the directions questionnaire and the go for that as the claim is too vague as to be viable

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Will the directions qiestionaire come in the post or online?

 

 

I will update further when I hear more as I'm clueless from this point forward.

 

Regards

47

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the N180 will come in the post from the court.

 

 

dx


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

 

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Nothing in the post yet.

Shouldn't it have come by now?

Will it definetly be by post and not online since I responded online?

 

Regards

47

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it will be thriough the post.

You can check the progress of the claim online and if Excel havent done their next bit on time you can ask for the claim to be struck out (various grounds) but that isnt a certainty

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Still nothing in the post.

I checked online and there has been nothing from excel so far, the only things there are them issuing the claim and me responding do it.

No additional documents or anything so far

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the you wait until it happens. It is down to the courts service to send out the allocationquestionnaire and they will do so when it is tim to do so.

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its quite a common new tactic for the claimant sols to send a copy of any 'proposed' paperwork to unsettle and unnerve defendants.

 

lowells have started to do this with civil in the last 3mts.

 

these fleecers whilst slow to pick up upon the confusion sending a proposed N180 causes

they'll not be slow to exploit it.


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

 

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Still not a thing in the post from the court.

No info or documents added online.

Don't I need to submit my defence now?

As per the time line i need to be putting it in now

 

Regards

47

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You def is due today by 4 pm

 

Find and use the simple 2 line VCS excel bw defence in most threads here


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

 

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Ok will do, no need to mention anything extra at this stage? Such as the documents I requested which were not supplied

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The claimant has not offerd a contract, so there cannot be a*

breach of contract claim for the defendant to consider. Sigange at*

the site does not create a contractual obligation upon the*

defendant so no breach could have occurred.

 

Is what I've gone for.

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