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    • I am just tidying up the above and noticed something that I'm not sure is important or not. On the claimform they state:- Claimant purchased the balance on the account on 06/10/2016. The letters I received were all dated 24th November 2016   Once I'm ready I assume it's self explanatory entering the information on the moneyclaim site? I've looked around on here and can't see any particular instructions so I'm assuming it's a copy/paste of the defence above?   Thanks
    • Why do you need to write what down please?   AoS is acknowledgement of service via the MCOL website as per dx's instructions. CPR 31:14 is a legal document you need to send to the other side, asking for information.   HB
    • DX - looked back to my old threads on here - the Ordinary Cause was, indeed, thru Nolans, on behalf of Cabot.   Nolan's requested a Joint Motion for the dismissal of this action by way of Decree of Absolvitor, in favour me (Defender), with no expenses due to or by either party   As they couldn't supply any paperwork, my lawyer suggested (I managed to get Legal Aid for this) that unless they dismiss they'd be due me money, and they agreed. This happened around the end of June/beginning of July 2016. What should I do with them now?
    • Hi ok thanks for replies. I had trouble finding how to reply on  my phone and don't have a computer, so am at the library which is pathetic and closes at 5pm so hard to get there   Name of the Claimant ? Excel Parking claimants Solicitors: BW Legal   Date of issue – don't have on me but it was in Sept 2018 (previous claim from 2017 resurrected) * Court date is 17th Dec -Next Tue   Date of issue   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   What is the claim for – PCN Not displaying a valid ticket for the private car park 468 Bury New Road, Prestwich I have copied their WS below with map location, signs, etc     **IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION   What is the value of the claim? original ticket was £100 plus additional fees so its at £255   Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Original Excel Parking   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure what this is?     I WILL TRY TO ATTACH THEIR WS - having trouble Do I just scan it in and attach it?   In the mean time my outline defence is:   No locus standi as have not produce a signed contract Under CPR 31.14 that the claim be struck out on the grounds of no locus   *I requested the contract and they did not provide it initially, however in their WS they have produced a signed contract from the pension fund who own the land    I was not the driver of the car. I have no evidence of the driver's identity. This dates back many years (2015) and difficult to remember who could have been driving  *their WS states I only said I was not the driver at a late stage and when filing an amended defence, and appears I developed a defence to avoid liability. I have stated this from the start.  Also that I alleged no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside Also question how I would be able to comment on the signs if not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply? keeper of the vehicle - as the protocols of the POFA have not been followed so no keeper liability created. DVLA data was supplied for the single strict purpose of enquiring who was driving, not for bringing a case against me years later  Signage not a transparent contract insufficient in terms of their distribution  wording and lighting hence incapable of binding the driver, which distinguishes this case from the ParkingEye Ltd v. Beavis case  Sporadic and illegible charge not prominent nor large lettering site/entrance signage breach of the BPA Code of Practice. The entrance sign is on the left side so not the drivers side. The signs have no mention of any debt collection additional charge  The signage was not lit and not transparent contrary to the Unfair Terms in Consumer Contracts Regulations 1999.  The entrance sign refers to the terms and conditions on another sign The signs did not have planning permission under the Town and County planning. I have an email stating there was no planning permission from the council. * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the county court to determine planning permission.   The signs do not fall under deemed consent.    * Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge   THANKS FOR YOUR HELP x   You mention I can get it struck out as they haven't sent me a bundle? They have sent me their WS online, no hard copies but I'd prefer not to go if possible  
    • Redacted and merged to one PDF   Attached is my witness statement and supporting evidence that I am going to give to the court, the court have said they will not even look at it until the day of the hearing, so I am OK to send it to them only a few days before the hearing.    Do you think it is worth me sending this to BW Legal, in the hope they will drop the case before it goes to court? Or am I better not showing my hand to them, so they cannot amend their evidence based on what I have stated?   If anyone would be kind enough to read through my statement and give me their thoughts, that would be very much appreciated.  ilovepdf_merged.pdf
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Michael Browne

Ministers to block companies from sending court claims to old addresses

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A major crackdown on the abuse of county court judgments is announced today following a Daily Mail investigation.

 

Ministers are pledging to block banks, debt firms and parking companies from sending court claims to old addresses.

 

The move would halt the scandal that leaves thousands of families financially crippled because of debt judgements passed against them without them knowing, or having a chance to defend themselves.

 

The pledge is made today by the Ministry of Justice as it launches a public consultation on the judgments, known as CCJs. It follows an investigation by the Mail, which found firms are obtaining hundreds of thousands of CCJs every year over alleged debts of as little as a penny.

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Awesome. But they need to drop the fees such as a set aside fee. The current amount is astronomically high for people in debt and dcas know this and exploit it.


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That's amazing news! Everyone should be entitled to defend a claim made against them... TB

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a pledge though in words only..

if would it ever become law is a totally different thing..........??????

 

 

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Over the past three years, the number of CCJs has risen by more than a third, with almost 900,000 issued last year. In more than 80 per cent of cases – 2,000 a day – judgments are issued with no defence heard in court.

 

A nice little earner for the MoJ. Can't see them wanting to give up a significant revenue stream without raising the fees elsewhere.


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a pledge though in words only..

if would it ever become law is a totally different thing..........??????

 

 

dx

yep. another 'promising' consultation, that ends up with a bending over? :)


IMO

:-):rant:

 

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So how would this work. The company will need to make more effort to track down the person they think owes them money. If that person has gone off grid - eg, moves doesn't advise anyone - doesn't take out any credit or go on the electoral roll - the company has only the last known address. If no response from that or the claim form is returned to sender - are they then forced to not continue with the claim ?


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So how would this work. The company will need to make more effort to track down the person they think owes them money. If that person has gone off grid - eg, moves doesn't advise anyone - doesn't take out any credit or go on the electoral roll - the company has only the last known address. If no response from that or the claim form is returned to sender - are they then forced to not continue with the claim ?

 

That is the crux of the matter. Whilst we might have a problem with DCA's obtaining default CCJ's, we need to think about ordinary members of the public chasing debts. I don't think Parliament would legislate different standards, as to whether it was a company or individual private citizen chasing a debt. Companies have the resources to conduct tracing of debtors and might take the financial risk of using Solicitors to issue court claims. But a private citizen not belng able to easily trace a debtor to issue a court claim against, might not want to incur tracing fees, as well as Solicitors/court fees etc.

 

I can't see the current legislation being changed that much, but there could be standards applied through the FCA or other regulatory bodies, to require minimum standards for tracing debtors. It might say that they need to take steps, a,b.c,d etc, before they can issue a court claim.


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assess the role of parking companies and examine how drivers are informed of fines

 

 

oh dear even they get it wrong............


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Awesome. But they need to drop the fees such as a set aside fee. The current amount is astronomically high for people in debt and dcas know this and exploit it.

 

Indeed..£255 is ridiculous, esp as the actual set aside doesnt involve much, just a Judge to have a quick look and see whether it has any merit. 5-10 mins work, I recently contemplated a set aside (this was due to errors on my part) but if youve never received the paperwork what can you do ?

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