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    • And shop around for another supplier and transfer as soon as possible.    If you know the previous companies tariffs you should be able to calculate the actual amount owed, if you have the meter readings to work out usage.  
    • I hope it goes well for you today, JR. Please let us know how you get on.   HB
    • No I haven't paid anything, even when they have said I am in arrears, I have managed to get them t back off - not sure how, but obviously not earning above the threshold and making various complaints about them...something obviously worked for a while.    So any advice as to what I can do now? 
    • dx, As requested:   Queries are made in red. Date of Statement: xx December 2019 Claim Number: XXXXXX Between: UK CAR Park Management Limited and XXXXXXX   1.    It is admitted that Defendant is the recorded keeper of XXXX XXX.   2.    It is denied that the Claimant entered into a contract with the Defendant. 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 carpark 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. The proper Claimant is the landowner. How do I check who the landowner is?   3.    If there was a contract, it is denied that the parking charge is incorporated into the contract. As per Thornton v Shoe Lane Parking [1971] 2 QB 163, the relevant term must be made known before a contract was formed. Here, the charge was not incorporated into the contract because [explain] – I assumed this means no contract was agreed?   4.    The amount is a penalty, and the penalty rule is still engaged, so can be clearly distinguished from ParkingEye v Beavis which the Judges held was 'entirely different' from most ordinary economic contract disputes for the following reasons:-   a)    The Claimant has no commercial justification b)    The Claimant did not follow the BPA Code of Practice, allowing a MINIMUM grace period of 10 minutes. c)    The Claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question d)    The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant and is therefore unconscionable. e)    The Court of Appeal for the Beavis case made a clear reference to the fact that their decision was NOT relevant to pay-per-hour type car parks.   5.    A parking ticket was purchased. However, after much difficulty. The Defendant made several attempts to initially pay for parking via telephone and the indicated telephone-based application, which were both declined by the claimant’s system of payment. The Defendant was attending a Drug and Alcohol (D&A) test based on the conditions of a new employer. The delay in obtaining a parking ticket caused significant delay. The Defendant was late to the appointment and was not permitted to leave the test until indicated by the examiner. Options made available to extend parking durations remotely did not function. Please refer to Attachment 1 – an email of complaint sent on the said day of apparent contravention (12th March 2018). My own wording. Is this ok?   6.    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.  
    • send the new company an sar specifically asking for all the data they received from Solarplicity dx
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RU753

HPH2/Cohen Claimform - old HSBC Credit Card 'debt' ***Claim Discontinued***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 961 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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you've got the important thing done

now go read other claim threads

either in this forum or the successes forum off this one

 

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Thanks dx,

 

I will read other threads and wait for a reply from the county court.

 

Many thanks to you and the rest of the guys for all your help so far. :thumb:

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Hello everyone,

 

I have now received a Notice of Proposed Allocation to the Small Claims Track what do I need to do now?

 

Please advise.

 

Many thanks,

RB

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Fill it in and send it back?

 

Yes to mediation

Rest is obvious

 

Read other claim threads too


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Hi DK,

 

After I put my defence in the only letter sent back to me was a reply to the 31:14.

 

https://drive.google.com/file/d/0BytXDIYLA5NNREcwc09rUF9MTEU/view?usp=sharing

 

 

They didn't send me anything else after this but only the Notice of Proposed Allocation to the small claims received a day ago.

 

https://drive.google.com/file/d/0BytXDIYLA5NNSFZDWkpqVl9aTjA/view?usp=sharing

 

 

Do I need to send this in or call them?

 

Many thanks,

RB

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This is the Allocation (directions questionnaire)...the stay has been lifted and the claim is proceeding...you must complete the N180 and return it by the date stated (12th Dec)...copy to the court...copy to the claimants solicitor.

 

Yes to mediation yes to small claims track...name your local county court...the rest is self explanatory tick boxes.

 

Retain a copy for your file.

 

Andy


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ah so I was right there are more pages?:lol::lol:


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Not necessarily, fill in the DQ and return it to court.

 

Yes to mediation.

1 witness, thats you

Enter your local court to transfer to it

 

The rest is self explanatory, Small Claims Track is correct for any claim under 10k.


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Thanks Martin,

 

I will get it ready and sent off. :-)

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Just noticed Andy's post above also.

 

Serve a copy to the claimants solicitor aswell as court and keep one for file.


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thread tidied

 

 

dx


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ok, I will do that and keep proof of postage.

 

Thanks

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Hi Andy,

 

I am sending this off first class today but I was thinking if I sign it and send a copy to the claimants solicitor do you think they will copy my signature?

 

Many thanks,

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Dont sign it ...there is no requirement...just sign the courts copy


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Thanks Andy,

 

I am off to the post office now. :)

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Hi,

 

The court mitigation contacted me asking if I will be making a payment and I said no as I will need to talk to them first but they said they would need to transfer it because I will not pay why is that any idea?

 

I also told them I did not receive a reply to my CCA and she was like I would need to transfer this.

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you mean mediation

so you got all the documents then?

and they are enforceable?


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I didn't receive any documents from them other then this: https://drive.google.com/file/d/0BytXDIYLA5NNUzNFWEthT1kzMjA/view?usp=sharing

 

They said on the call, if I didn't receive all the documents I requested from the other party then it would need to go court but if I'm happy with what I have received from the other party then I would need to make an offer on the day.

 

They said people think mediation is there for someone to hear both sides but in fact it's there for you to make an offer if the other party accepts the offer then they would do the contract.

 

What should I do now?

 

Many thanks.

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you haven't got any paperwork

mediation asked you a question or two didn't they?

 

 

have you received all the required documentation...

the answer is NO, mediation will fail.

 

 

dx


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They asked me if Iv received all the paperwork and if I will be making an offer.

 

I said I didn't get the paper work and im not sure what I will be paying for, they then said they will transfer it, I then asked them transferred to where they said to court.

 

They said they will not allow it for mediation as iv not received anything from the other party. Does that mean mediation has failed?

 

Many thanks.

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Yes, mediation has failed and the claim will now be transferred to court for a hearing.


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.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Thanks Martin,

 

What would I need to say when I go court and do I need to take anything with me?

 

Many thanks,

RU

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might not even get that far..


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

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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

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