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    • Well I really don't know where to begin with this. I've spent hours trying to figure out what to put but it seems that every witness statement is different depending on the exact circumstances. I know that I shouldn't put all my cards on the table but I don't know which ones to hold back and which ones to get rid of altogether.   This is what I have so far...   I, XXX of XXX am the Defendant in this case. I make this statement in support of my defence again the Claimant, Civil Enforcement Ltd.   1.       CEL make it impossible for defendants to discuss PCNs with them or their representatives:              A.       On the 26th Nov 2018 I received an unexpected PCN from CEL. I immediately went onto their “Contact Us” page, which stated that operators are available to speak to during normal working hours (see appendix 1 - THIS IS JUST A COPY OF THEIR CONTACT US PAGE). I tried calling numerous times to discuss the matter but regardless of what time of day I called there was no option to speak to an operator, only an automated system to pay.              B.       When I received a debt collection notice from ZZPS (see appendix 2 - COPY OF LETTER) the letter instructed me to call them on 01932918916.                      14th Mar 2019 - I tried calling several times and have a call recording I can play for the court to show that it was impossible to speak to anyone. Instead I was played the following automated message: “The party’s call minder belonging to 01473478289 is full and can’t accept any more messages. Please try again later. Goodbye.” The call then hangs up.                     19th Mar 2019 - I tried again at several times throughout the day and this time a message played thanking me for calling ZZPS and asked me to hold. It then rang for 2 minutes before repeating the same message. This happened over and over again. I have two recording that I can play for the court showing this to be true, one that lasted 9 minutes and the other for 10 minutes before each time giving up.            It appears that there is some unreliable call routing in place meaning that I had no way of contacting CEL or ZZPS as they both advise.   2.       CEL failed to produce any of the documentation I requested in writing, which obstructed me from making a decision on how to proceed with this case:             A.       On the 3rd Dec 2018 I completed CEL’s online Appeals Form (see appendix 3 for a saved copy of the submitted form - ATTACHED TO THIS POST). CEL responded (see appendix 4) but failed to answer any question, stating that GDPR prevented them from doing so.             B.       On the 14th Aug 2019 I sent them a CPR 31.14 Request letter (see appendix 5). CEL did not respond.   3.       According to Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, only signage older than 10 years is deemed as having consent granted.   CEL has changed its signage 3 times within the last 10 years, which can be clearly seen from Google Street mapping images:            A.       2018 – Present: Signage stating 1hr free parking (appendix 6a)            B.       2012 – 2017: Signage stating 3hr free parking (appendix 6b)            C.       2008 – 2012: Signage stating 2hr free parking (appendix 6c)   CEL’s current signage was installed at some point during 2018 but according to Stockport Council’s online planning applications search system no planning permission was granted. I believe the signage has therefore been erected illegally, which makes it impossible to enter into a contract with them.   4.       CEL has also added legal costs to their claim, which is not recoverable within the Small Claims Court.   I believe that the following facts stated in this Witness Statement are true.   Have I made a complete balls-up of this or am I going in the right direction? I thought it might work in my favour if I try to show the judge that I made every reasonable effort to resolve this without going to court but CEL purposely make appeals as difficult as possible. Perhaps none of that matters. Not sure. 🤔 Appeal Text.pdf
    • This will be ok for you to offer the final 1 month's fee you should have paid :-   Dear Harlands,   I refer to my membership at [town/city] gym.   The DD mandate was cancelled after the June 2019 payment was made and this was notice of my intent to cancel the gym membership.   I now realise I should have left the DD Mandate open to pay a final month's fee for the notice period.   Please confirm your bank payment details and a reference so I can pay you the £xx.xx to end this matter. I will not pay any admin fees added by Harlands. I will only deal with this matter in writing, not by phone.   My offer is valid for 14 days only and will be withdrawn if you demand any higher amount.   Yours sincerely,
    • seems like your payment issue is not just your error      
    • don't think there are any moriarty represented threads here whereby if the defendant turned up the defendant lost the case. moriarty never appear in court.   there is a very comprehensive mediation sticky in the homepage of this very same forum yours is in   there is also a custom google search which comes up after hitting our top squares logo   moriaty claimform   might be useful to use there.        
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Hi.

 

I got caught yesterday at Tk maxx Cambridge as I took a shoe worth £29.

I know it's very cheap of me to do such a thing and believe me I'm ashamed of myself.

 

The security person asked me to come to a room

asked me to accept what I have done or else he would call the police.

I was frightened and immediately accepted.

 

 

told me that I will be banned from any tk maxx store nation wide for 12 months and that I need to pay a fine.

 

asked for my driving license but I don't have any so he asked for my bank card.

took my name from the card and wrote on a form.

 

 

asked for my address and as I was saying the first two line of my address,

he was busy in talking to the manager and didn't asked or wrote my full address.

 

Then he told me I'll be contacted soon via phone and post to pay a fine.

But he didn't know my phone number nor my full address in London.

 

Will they be able to reach me?

Shall I be any trouble because of this?

Please let me know.

I will never do such a thing in my life again.

Edited by maroondevo52
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Hello and Welcome,

 

Sorry it's not something I can help you with but hopefully you will get some help shortly.

 

Regards,

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Hi and welcome to CAG

 

ONE SHOE?? Anyhoo, the deed is done now so nothing to say about it.

 

Without a full address, the company that TKMaxx use (Retail Loss Prevention) may have difficulty tracing you however, if you have given them enough to find you, there may be letters sent by RLP. IF this does happen, ignore them. there is nothing RLP can do to you EVER.

 

I would also like to know how they would phone you without a number. Perhaps they are psychic!!

 

Don't worry about RLP. Don't do it again :roll:


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Don't worry about signing. this means nothing.

 

We on CAG firmly believe that ALL shoplifting cases should be dealt with by the appropriate people. The Police. They would probably given you either a caution or a fixed penalty notice and that would have been the end of the matter. As this is TKMaxx and RLP, it could drag on for some time, worrying you even more.

 

While nobody can ever say nothing WILL happen, I can say with some authority that RLP can do nothing. The only people that MAY take action are TKMaxx, except they don't. IF TKMaxx took court action (the ONLY way they could get anything) it would cost them far more than they could ever recover which is why they don't bother and rely on RLP to chase you.

 

RLP are acting on behalf of TKMaxx and therefore cannot take any independant action other than sending letters or passing the charge on to their pet debt collector to chase. RLP have no power over you and the debt collector has even less. It would be just the same as me saying that I want to be paid for the time have spent typing this!!

 

Just because you signed a piece of paper, this means nothing at all. They cannot use it against you as it was acquired under duress.

 

Please read as many RLP threads as you can. A lot of threads just tail off and even though we don't know the outcome of those cases, they would surely be updated if something had gone wrong so as said, read then read some more.

 

Also, read this.

http://www.consumeractiongroup.co.uk/forum/showthread.php?448994-RLP-FAQ-s.-What-do-they-mean-Reviewed-September-2015&p=4762870&viewfull=1#post4762870


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Will this be a problem when I apply for my ILR in the next couple of months. Please let me know. My husband will kill me if he find out on this.

 

Please reply to me. I know I'm disturbing but I am feeling so bad for what I have done.

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Hello there.

 

If you mean indefinite leave to remain, then if the police weren't involved you don't need to mention it.

 

Do you think there's a reason why you shoplifted? If anything is bothering you, you could go and talk to your doctor.

 

HB


Illegitimi non carborundum

 

 

 

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no it cant hurt anything

doesn't show anywhere

forget it happened

don't do it again.

 

 

totally ignore any letters etc that you might get from the no legal powers lot RLP.

 

 

one last point

it is NOT A FINE

they cant FINE anyone only the police can

they were not & cannot now be involved.

 

 

end of your problems.

 

 

dx


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Are you sure that home office will not be able to find out.

I don't know why I did that.

 

 

Found the shoes without tag and thought if wearing them and left my old shoes at the shop.

Just when I was out the security person caught me.

So ashamed that I can't say.

 

They don't have my phone number and neither my full address.

 

 

Will they able to find me?

And are you sure there won't be any problem with my ILR application which I will apply in a month or two.

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1000% sure.

 

 

forget it ever happened.

 

 

dx


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Thank you so much for the support I got from you all. The whole day I am crying like hell. I am dying with fear. I promise I will be a good citizenfor the rest of my life.

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he he be good.

 

 

don't worry about it ever

 

 

if you do get any scary letters

come back here.

 

 

we'll put you right!

 

 

simply never ever disclose it on any form ever

 

 

simple as that.


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They don't have my complete address. The security person asked my address and when I was telling him the first two lines, he got busy talking to the manager and didn't anything more. To be precise they don't have the city name or the post code. Just the street name, numerand the local area name. He neither asked for my phone number either. Di you think they will still post me?

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Mishti, it's going to be hard for them to find you.

 

But even if they write, it's nothing to be worried about, as dx has already said.

 

Please trust us. :)

 

HB


Illegitimi non carborundum

 

 

 

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Di you think they will still post me?

 

Even if RLP do post you letters, please follow the advise above and ignore.

 

You will receive approx. 4 - 5 letters from RLP, unlike a normal debt collection letter you name is inserted into the paragraphs to give the letter a more personal to you touch.

After this you will receive a couple from a Debt Collection Agency and your at the end of the cycle.

 

Please though continue your life as normal, because no Police have been called, you have no Police record now or in the future regarding this incident.

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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There have been two (to my knowledge) where ex (hopefully) shoplifters were worried about getting their visa extended. Both were told that this wouldn't be an issue and they both got the extentions.

I will see if I can find at least one of them.


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This is one (albeit from Scotland) where the police got involved yet the poster worked in the financial industry where a clean file is needed.

http://www.consumeractiongroup.co.uk/forum/showthread.php?444182-shoplifting-primark-scotland-Police-called-**UPDATE-Clean-CRB-Clean-visa-check**&p=4720929&viewfull=1#post4720929


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as said you do not ever relate to it


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

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Did they mentioned about the incident in the ILR form?

 

As far as I am aware, no as there was not a recorded crime. Even though the police were involved, they used common sense to refer the matter to the Procurator Fiscal and it was they who decided that the course was far better than a criminal record.

 

Your case is different. No police were involved therefore there will be no record of this on any police database and you can honestly say you have no criminal convictions. Even if you did disclose this event on your application form, it is unlikely they would stop your ILR from being issued. Serious criminals get their visa's cancelled and some even get deported. YOU are not one of them.

 

Is it the Home Office that deals with visa's and the like?? they don't have access to any store data nor do they get to see what data RLP hold.

 

At the moment, you are worrying about the 'what if's' RLP have to find you first.

 

If you are feeling overly stressed over this, go see your GP. You can discuss anything with him/her and that is confidential. It may turn out that you have an issue that caused your slip in morals.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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So you're saying that I don't need to worry about anything and continue with my normal life. Never in my life I was so stressed as I was today. This guilt feeling is killing me. Please tell me once more that there will be no police, no court cases and no problem with my visa extension.

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nope nothing

na da dead gone buried cant hurt you ever.

as I said

you totally forget it happened

 

well apart from not doing it again...:lol::lol::lol:

 

 

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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