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PPS/Gladstones/BW Windscreen PCN PAPLOC Now Claimform, - Not Parked In Allocated Bay - Premier Inn, Southernhay Exeter


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looks like our search is not focusing on like cag threads

theres a enhanced google search box here too.

this gives:

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=PCN Claimform&oq=PCN Claimform&gs_l=partner-generic.3...5366.10013.0.10763.13.13.0.0.0.0.136.915.12j1.13.0.csems%2Cnrl%3D13...0.4688j2013736j14...1.34.partner-generic..11.2.204.xYddpE7ZdUk

 

there is also a PPC Successes thread which is useful too.

lists all the times we were successful.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Once you receive their Witness Statement please post it up so we can give you possible rebuttals to their points.  Also if you look at the Stickie section of the Private land enforcement you will see

Probably best to reply as it's a Letter Before Claim.   ------------------------------------   Dear Sirs,   as I've already told you on XXXXX and on XXXXX, as the world's

it will come in their ws as an exhibit.    

50 minutes ago, keljon said:

i assume i need to wait for their response before filing this defence anyway.

 

no you do not miss your defence filling date no matter what

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Dx is right that you do not wait for their WS, but leave it till the last minute as it is a tremendous advantage to you should you be able to see it as it should give you a lot more ammunition before you send our WS off. In any event, do let us see it before you send it off as we may be able to give advice to help you win your case.

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  • 2 weeks later...

they responded on the 18th to my earlier letter sent last month

i can post it up if needed but it  looks fairly generic, states i am in breach of contract and evidence was provided.

there is also a note attached

 

In response to your comments regarding reporting our firm to the police for a hate incident in regards to your gender, We apologise for any inconvenience or distress in regards to this. We kindly request you provide us with a copy of your ID confirming your gender, or a copy of your Gender Recognition certificate so we can update our records accordingly.

We trust this is in order and look forward to hearing from you

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Keep that note for later, it might be useful .

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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wrong thread...try again dx

 

have you been reading up as i advised  last month

 

3-5 line defence in most PCN claimform threads here already

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i have read some and will try to read and understand some more, my generic defence shamelessly lifted from another thread is as follows.

 

 

1.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract.

 

2.  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 only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park 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.

 

3.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.

 

 

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That looks good, you only need a short defence at this point.

 

You could stick a bit in about them inflating their claim to try to circumvent the small claims limit on legal fees and this is an abuse of process.

 

I've just read the thread from the start and am still not sure about your point (3).  Is it right that it was a hire car and only you were named as a possible driver?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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yeah I'm not sure on point 3 either, it was a lease so the registered keeper would have ben the leasing company who BW legal must have got my details from, I'm guessing at that point they recorded my gender wrong because of my first name

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OK, for the moment then

 

 

1.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract.

 

2.  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 only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park 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.

 

3.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.

 

4.  The Claimant has inflated their claim to try to circumvent the small claims limit on legal fees and this is an abuse of process.

 

 

Point 1 is very generic and covers all bases.

 

To an extent it doesn't really matter if point 3 turns out to fail further down the line, you would simply ignore it and use other arguments.  However, under the terms of the lease, would a partner/friend/work colleague of yours have been able to drive the car, or just you personally?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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I haven't filed my defence yet, is there anything I need to know about the process, I have logged into MCOL and clicked on the case, I can see a start defence button, presumably its straightforward?

 

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simply copy and paste

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...
  • 1 month later...

so you have a date for a hearing via an N157..or just awaiting that..

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Once you receive their Witness Statement please post it up so we can give you possible rebuttals to their points.  Also if you look at the Stickie section of the Private land enforcement you will see some of our successes there. And from those cases you should find copies of their Witness Statements so that you will get off to a good start when you need to complete your own.

 

You do need to get e copy of the Notice to keeper that was sent to the hiring company to see if it complies with PoFA. Can you get the one from the hirers or can you get a copy from gladstones.

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it will come in their ws as an exhibit.

 

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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