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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   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 has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. 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.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. 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.   5. 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;   6. 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.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. 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.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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Smokey1607

Aintree NHS Parking breach of contract

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Hi, obviously not much in the way of help or information in the DVLA reply. Assume I should submit another complaint as they suggest? How specific do I need to be in my wording so they can't give another waffling reply, any wording other than what's already been suggested?

DVLA Reply 23 Nov Scan.jpg

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then complain/Go through their proceduresa nd then take it to the ICO for breach of the DPA

the compaint should be that the DVLA faied to show due dilligence in determining whether Trevs had any lawful reason or cause to access your details and in what capacity as there was no keeper liability under the POFA and they knew this at the time.

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To be clear: I complain again to the DVLA and go through their procedures before taking it to the ICO or go straight to ICO now?

Also I haven't responded to Trethowans yet as I was waiting on the DVLA. Should I reply to them along the lines of previous comments and mention the DVLA complaint so they can see I'm not walking away from this?

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you complaint to the DVLA, so far you have been asking questions and now you are unhappy and have a complaint and will follow their procedure. If you get no joy there you make a complaint to the ICO

Dont bother writing to Trevs unless you just want to say that there is no keeper liability in this matter so go boil your head. Dont mention anything else, just stick to the denial of any liability.

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Latest letter from Trethowans. I assume where they say they are entitled to take action against the keeper because they have no record of the driver is incorrect?

I've had no response to my previous complaint to the DVLA so I will also follow that up.

Continue to ignore Trethowans?

Thanks

Treths 3 Feb 17.jpg

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Interesting note that pops up when you go to 'ignore' in my previous comment.

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Post #16, 1th November 16.

 

"Dear Sirs,

It remains that your supposed 'Notice to Keeper' did not comply with the requirements of the POFA 2012. There is thus still no 'Keeper liability'.

 

If you still feel your letter of is a POFA 2012 compliant NtK, a court can decide this based on the arguments from the parties.

As it appears our positions are entrenched in disagreement on this fundamental issue, no further correspondence will be entered into, pending receipt of a county court claim."

 

If sent previously : ignore them.

If not sent previously, send, then ignore.

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no they cant. they have to create a keeper liability by following the protocols of the POFA.

Yes, continue to ignore them, they are solicitors paid to write scary letters in the hiope that you think they have some authority they dont actually have.

 

Latest letter from Trethowans. I assume where they say they are entitled to take action against the keeper because they have no record of the driver is incorrect?

I've had no response to my previous complaint to the DVLA so I will also follow that up.

Continue to ignore Trethowans?

Thanks

[ATTACH]66757[/ATTACH]

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Who are the lawyers please? I can't post a link, but you need to fill in the information on the forum stikky.

 

HB


Illegitimi non carborundum

 

 

 

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Who are the lawyers please? I can't post a link, but you need to fill in the information on the forum stikky.

 

HB

 

Here you go...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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It still isn't a "fine".

Can you post up (redacted of personal info) their Particulars of Claim ?

 

Do they know who the driver was?

I hope you haven't identified the driver at any stage ......

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I'll post the court papers asap but no they dont know the driver.

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The PofC will help, but the gist of your defence will be that they haven't established keeper liability.

If they then push for you to be liable as the driver, you neither confirm nor deny this (unless you are happy to state on oath that you weren't the driver) but that you have no obligation to identify the driver and put them to strict proof of their belief of who the driver was.

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there is no oath in a civil court but if you tell lies about something and get caught out you will have all of your other evidence binned regardless of the quality of the remainder.

You dont have to name the driver so you ask for "stricy proof" of who was driving at the time. hjey wont be able to provide it and as POFA no applicable they are stuck. You have to make these points clearly from the outset though to avoid being asked in court as judges wont know the details of the POFA

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How did it go Smokey?

What happened with the court thing?

I'm in a similar position, just received the first letter from Trethowans.

Trying to decide if I can be bothered putting time and effort into fighting it or just pay to make it all go away.

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I gave up to be honest and paid, too much going on personally and in work to put up with the aggro of going to court. Made me sick to do it but there you go.

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I understand. Sometimes life is too short to dwell on stuff like this. Thanks for sharing your experience though.

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well don't get mugged like smokey

start a new thread

of your own


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.

 

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having made an indecent profit frokm you they can now afford to harass some other poor sod.

When you beat these claims you get your expenses so if you lose a days pay they have to cough up.

You could have then sued them for breaching the DPA for accessing you DVLA data without a proper reason and you would be at least £250 better off.

 

Everyone has bad things in their life so if you are going to fight then fight,

if not, save your time and money and pay up early and save yourself the grief

Edited by honeybee13
Paras

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