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    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
    • 1 Date of the infringement 16th March   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received unsure   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.   Have you had a response? [Y/N?] post it up Yes, rejected:   Site: Sea View Car Park, PL27 6SR Date of Event: 16th March 2024 We are in receipt of your challenge in relation to the above Parking Charge. Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error. As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'. 'The Contract' also details that there is an exception for those with a valid mobile session in place. Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'. Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined. We note that you have submitted evidence of payment; however, said payment is not for this location. It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay. In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter. Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to. Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter. 7 Who is the parking company? Alliance Parking LTD   8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall   For either option, does it say which appeals body they operate under. IAS Hi there, thanks in advance for any help on this.   Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense. I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.) I only had receipts for two instances so I assume the first it didn't go through as had terrible signal. Paid £60 for one of the fines. Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.   Have now received the attached letter of claim. I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance. LOC-alliance-1.pdf Apologies, 2nd page of LOC here. LOC-alliance-2.pdf
    • Would still like to see the court bundle  Any part ex as deposit or any deposit paid on the agreement does imo count towards the one third or the half in the case of a VT
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That is why I state theT&C must be linked to your signiture either by number or letter and not simply referred to as see overleaf otherwise any T&C could be used and you would have signed and agreed to something not within the signitory area,This forms a correctly executed valid CCA along with the perscribed terms.

 

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Andy

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Ahhh I see right so I'll get defence off tomorrow and see what happens next. Thanks for the advice - feeling much better now. While you are about do you know what will happen with regards to me disputing and the ex admitting? We were both served on the same claim number? Forwarned is forarmed as they say.

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Ahhh I see right so I'll get defence off tomorrow and see what happens next. Thanks for the advice - feeling much better now. While you are about do you know what will happen with regards to me disputing and the ex admitting? We were both served on the same claim number? Forwarned is forarmed as they say.

 

 

Its imperative that you both defend and both submit defences and both AoS with the intention to defend.Everything in duplicate

 

Regards

 

Andy

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Would love to do that Andy but he sent his to his Debt management company who admitted liability before I could get them to stop! So I'm just wondering what might happen as I'm defending it. Is there anyway he could withdraw his admittance - they had to be back middle of last week i think. I don't want this to be mucked up now!

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Change his AoS to defend all is this a MCOL summons?

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I don't know what MCOL means but this was a claim from Gateshead county court. I returned defending all the claim and his was returned admitting liability and completing the income and expenditure stuff. They were returned early last week - is it too late for his to be changed? How could he go about getting it changed? What will happen if it can't be changed - could we get it set aside if it is ruled on this and then defend later? So many questions I'm panicing again now!!

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if not write a letter to the case manager explaining your circumstances ie seperated and that there as been an oversight and that he wishes to change his plea,Dont panic it can be changed

 

Andy

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Just address or ask for the Case manager dealing with your claim number and explain the situation he will have to submit the same defence and also request info via the CPR everything same as you

 

Andy

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  • 2 months later...

Hi I have been battling a court order from NR with help from this site. We have now had a court date set of 6 August and I would be grateful for any advice on likely next steps and how I should raise my arguement in court/what is likely to happen. Here is most of the documents involved:

 

agreement.jpg

Default.jpg

Defaultpg2.jpg

formaldemand.jpg

Defence post copy.doc

 

Subject access req Post copy.doc

 

Draft Directions post copy.doc

 

Court Other Information post copy.doc

Solicitorresponse.jpg

Solicitorresponsepg2.jpg

Solicitorresponsepg3.jpg

 

Please let me know if you need anything else - help is gratefully received.

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Hi Worried

 

I summise the last part of your post is the Claimants Witness Statement in support for their Summary Judgement Application.So 6th August is the date for their application hearing am i correct in presuming?

Ok have you responded also by submitting your own Witness Statement or made an application objecting to the application?

Any statement by yourself must be submitted not less than 7 days before that date.

Application for Summary Judgement can also backfire on the Claimant and the case can be struck out at the hearing subject to what argument you have put forward in response to their application.

If you can clarify the above

 

Regards

 

Andy;)

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Hi Andy,

 

Thanks for the response.

 

I think the last part is the letter that their solicitors sent with the allocation questionnaire so not sure if its a witness statement - it just appeared to be a response to our original defence. All I received was a letter from the court saying the case should be heard by a judge and date set is 6th August. No information on providing witness statements or anything....

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Hi Worried

Take a close look at the Claimants copy AQ under the section applications check if they intended to make any, if yes check with the CC dealing with the case and ask if they have made any applications post AQ.I could be wrong but the above looks like a Witness Statement.

 

Regards

 

Andy

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Hi Worried

Take a close look at the Claimants copy AQ under the section applications check if they intended to make any, if yes check with the CC dealing with the case and ask if they have made any applications post AQ.I could be wrong but the above looks like a Witness Statement.

 

Regards

 

Andy

 

I think its just what it states to be.. a reply to the defence. They are entitled to reply to the defence if they think it requires it.

 

Edit: Worriedanxious... did anybody help you with your defence or did you just copy it from another case?

 

S.

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Yes just checked all the dates and paperwork too early for an application.(or is it)

Apolgies Worried.

 

Regrds

 

Andy

Edited by Andyorch

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In the other information part they have entered yes for applications in the immediate future and said for "strike out/summary judgement"

 

In regards to my defence I just completed it myself pulled from similar cases on here.

 

I did send of a CCA request to NR and received a response requesting a certified copy of a legal document and signatures!

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In the other information part they have entered yes for applications in the immediate future and said for "strike out/summary judgement" Keep checking Worried if they make application

 

In regards to my defence I just completed it myself pulled from similar cases on here.

 

I did send of a CCA request to NR and received a response requesting a certified copy of a legal document and signatures!

 

So therefore they are in Default of your request did you request this pre or post Litigation?

Regards

Andy

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Ok, the reason I asked about the defence is its a bit generic and hence the reason that I think you'll receive a summary judgment application in the post shortly as indicated by their AQ.

 

To that end I think you need to prepare a witness statement, this needs to be in a specific format and has to reply to their claim points paragraph by paragraph. Only thing I'm not sure of is do you reply to their initial claim or is it now the reply to your defence you have to address?

 

S.

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Will it detail that when it arrives or would somebody else know? I forgot to bring the paperwork with me today so I will phone the court tomorrow and see if anything further has happened.

 

Thinking about it logically it probably is a witness statement responding to their reply to your defence. Its probably why they did the reply as they've put a lot of detail in there.

 

S.

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Ok that would make sense. What sort of things do I need to detail and are there any other threads that would give me an idea of how to complete a witness statement? Do you have any idea of timescales on this? I'm not sure when I should be chasing the court if I don't receive anything (my post is a bit touch and go!)

 

Also I was just wondering what is likely to happen in court - will a final judgement be made or could another date be set? The judge has only set 25 minutes for the hearing so it appears it could be very cut and dry but I don't know in who's favour?

 

Thanks for all the help.

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