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    • 1st Draft - reviewed several statements    I was a bit unsure about adding more about the section 78, although they took a very long time the did provide the CCA - any help appreciated    In The *******County Court Claim No. ********* Between **********Claimant and *************** Defendant     I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.   1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   3. It is accepted that I have in the past had financial dealings with HBOS. That being a Credit card Agreement.   4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   6. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount.    7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 06/09/2019. I made a request for the following documents:   ·         A copy of the Default Notice ·         A copy of the Notice of assignment ·         A complete set of statements detailing exactly how the debt has accrued detailing ·         All transactions ·        Any additional charges applied since the account was terminated ·         A statement  of all payments received.   The claimant to date has failed to comply completely with my request and has not provided me with the required Default Notice.      8 .On the 13/11/19 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request.    9. A CPR 31.14 request was sent 25/11/2019 via Royal Mail signed for and shows as received 27/11/19. A Request for the following documents was made:   ·            Default Notice ·            Full statement of account     The claimant to date has failed to comply and disclose the default notice.   Conclusion   To date no Default Notice has been produced.    The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant.   Arbitration confirmed that the claimant could not produce the Default notice document    Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.   Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974.    I **********, the defendant, believe that the facts stated in the witness statement are true.     Signed…………………………. Dated……………………………
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ASupertramp

Highview Parking - Salford, Gala Bingo

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Hello,

 

My car lease company have received an invoice from Highview Parking which they have sent on to me, demanding £95 for staying in their carpark for 43 minutes. They initially offered a discount of £40 but by the time I received the letters from the lease company, the 14 days had expired.

 

There is photographic evidence of me entering and leaving the car park. However, I used the car park to drop someone off at a police station opposite and returned again to collect them. I used the car park to turn around in as the signs stating that it was pay to park aren't visible until you get inside the car park.

 

Do I have any grounds to appeal? Also my lease company state that if they get a further demand to pay, they will pay and charge me.

 

1 Date of the infringement

 

13/10/16

 

2 Date on the NTK

 

20/10/16 (received by lease company on 25/10/16, received by me on 5/11/16)

 

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?

 

No

 

5 Is there any photographic evidence of the event?

 

Yes - entering and leaving

 

6 Have you appealed?

 

No

 

7 Who is the parking company?

 

Highview Parking

 

8. Where exactly [carpark name and town]

 

Gala Bingo, Salford

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Others on this site will be along to advise you with much better and more accurate advice of how to deal with this ridiculous speculative invoice ( and yes you most certainly have many grounds to appeal. "It's not true" being the strongest one there is) , but in the meanwhile I believe Parking Prankster ( google it) has gone to town on the misuses and abuses of ANPR cameras and parking companies who use them. Well worth a read

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for the moment there are 2 things you can do, appeal telling them that there was no breach of contract as you merely used the car park to perform a maneouvre to turn the vehicle around (there is case law allowing this) and hope they accept this and cancel the charge ( they wont as they are greedy and stupid) or ignore this and wait for something more substantial after an expected series of begging letters from companies like Debt Recovey Plus.

Whatever you do, keep any letters you get safe for at least a couple of years as they often try their luck after this time knowing most people have binned all of their alibi evidence.

tell your lease company that they have no right to create a contractual obligation on your behalf and you will sue them to recover any monies taken from you for this reason. remind them that once they name you as the driver at the time thier interest in the matter is ended as there is no liability on their part to pay anyone anything. They often pay up and charge you becasue it is quicker rather than being right or wrong. The parking co's hope that they will pay up even if you refuse.

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To completely remove the lease company from this situation, you are going to have to state you were the driver as otherwise Highview will go back to the lease company who have said they will pay and pass this on to you.

 

From what I can gather, Highview don't do court. I suggest you appeal on the 'double dip' route and demand a full audit trail of vehicles entering and exiting on that day which (assuming the cameras were working properly) should show you entered and exited twice. You will still get rejected by Highview but as they are members of the BPA they must issue you with a POPLA code so you can take it to the 'Independant' appeals service.

The person you dropped off should be able to confirm that you left the scene and returned later to pick them up.


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