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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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blankwall

CPM Private Parking Ticket where I am the Leasholder!

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I received the NTK, should I be posting that up here? It might put you on until the pictures of the signs!

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Yep ... redacted of all personal info, reg numbers and PCN reference numbers, but need dates and locations. Upload as a PDF

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I received the NTK, should I be posting that up here? It might put you on until the pictures of the signs!

 

Please do, but make sure that you redact/cover any personal or identifying information.

 

Name, address, vehicle index, PCN numbers, reference numbers, bar codes or QR codes. :thumb:


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You may want to edit that and remove the bar code at the bottom :wink:


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Interesting, they forgot to say who the creditor is so obviously not them. OK, I admit being the creditor so you can pay me and that will satisfy the notice you received. The last line is open to considerable debate, if they are agents that means they have no rights to do or claim anything in their own name so again, yo can pay me as I am also an agent of the landowner with as much right to the money as they appear to have by their own admissions.

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Wow, that was a quick payment, please print off the last 2 posts as proof of payment and receipt and send it to: W. Hopeless and J. Dodgy , C/O Gladstones solicitors, the large victorian building, Wormwood Scrubs Common.

In all seriousness you would think that these so called professional parking companies when advised by a firm of solicitors that also run the IPC could actually get the wording of a short letter right. The POFA actually tells them the exact wording to use as a key phrase so all they had to do was cut it out (no pointed scissors, we dont want any accidents) and colour it in.

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I can't see how to delete / edit the post?

Hmmmm.

 

You have about ten minutes to edit a post. After that time, you need to use the Report Post button.


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please post it up as a PDF

follow the upload

 

 

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nope, it hasnt suddenly become a proper NTK creating keeper liability under the POFA.

 

However as they are IAS members the law doesnt apply to them according to Will Hurley.

 

Knowing there is no keeper liability doesnt really help you as it is your car parked outside your house so it would be a fair assumption that you have put it there at least once.

 

Your rights as a tenant under the freehold are a better argument.

 

When you have a little more ammunition regarding other matters such as the signage and planning permission

( most councils are too lazy or busy to enforce the law so you will have to firstly enquire and then kick up a fuss over this)

you can respond to their demand.

 

They may not take any notice of you and resport to getting the IPC/Gladstones to issue proceedings but by then you will have created a paper trail that will show their unreasonable behaviour.

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Blankwall, I'm sorry but I have unapproved the attachment. As I scrolled down the page, the black boxes vanished for a micro second allowing me to see the personal details.

 

Once sorted, I will delete the attachment for you.


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the visibility of the signs is poor,

you cant see them on entry to the land

and they are poorly placed and not illuminated.

 

That would mean for a casual visitor no contract offer is clearly made so probably a win in court.

 

You, however, live there so your argument is about the right of the management co to allow a third party to be making contracts with you, the leaseholder.

 

They arent going to show you the contract voluntarily so it may well have to go to the wire.

 

Follow up the planning permission angle first so you have a second string to your bow.

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You think that the NTK doesn't say who the creditor is so it could well be the Management Company or the PCM rather than the freeholder?

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the point is it doesnt say it is them so dont be guessing. This means that they cant make a claim in their own name and they cant act on anyone else's behalf so they are stuck.

 

The reality is they are just too stupid to copy out a paragraph from the POFA and paste it into their letters. They obviously want you to pay them otherwise why would they send you the demand and not someone else?

 

You have to read more widely and then you will realise that the question isnt one that should be asked. We can help you but we cannot do everything for you so dont just rely in what is written in this thread but read a load more, read the POFA, read the Parking Pranksters blogspot, read other parking forums etc so you get to know some of the court cases that would apply to your circumstance.

 

Also read all of thecases in the PATAS case precedent files, the law regarding their decisions impinges upon private parking as the parking co's have to show that they follow a code of practice and where there is a precedent they shoul also use that. They often dont, especially IPC members because they are told by their offices that theynhave superpowers and the law of the land doesnt apply to their members. That is why they are more likely to go to court and get a good hiding for their trouble.

Edited by honeybee13
Paras.

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I received a letter back.

Obviously they have denied the appeal and my assertions of criminal wrongdoing and are worming around.

Is it worth chasing them with demand letters?

reply.pdf

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While that reply is mostly meaningless, I will give them credit for actually replying to the issues that you raised and not just sending a generic response.

 

Appealing to the IAS isn't really worth a stamp, but on the other hand, it would show a court (if it get's that far (and with the IPC and Gladrags involved, it probably will)) that you've tried to engage with them and told them that they had/have no cause of action.


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

 

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appealing to the parking co will be enough to show that you havent just ignored them and made your points that they havent answered, or to be fairer to them, answered but still completely wrong in lawa nd hoping that you are convinced that they are right in their assertions.

 

They cant have an agreement with the landowner because that is YOU.

 

Dont bother appealing to the IAS, you have your papetr trail.

Edited by honeybee13
Paras.

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