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    • Name of the Claimant ? William chapman   Date of issue – top right hand corner of the  claim form – this in order to establish the time line you need to adhere to. 14 May 2019 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -  1st June I think ^^^^^ 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   Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claim is for £4000 relating to unpaid charges for energy supplied by the claimant to the defendant, and set out in an invoice date 26 June  2017 full particulars of which have been delivered to the defendant. And the claimant claims any further arrears that may have accrued and become payable since the commencement of these proceedings. And the claimant claims interest on the sum due pursuant to section 69 of the county courts act 1984 from the due date to the date of issue at 8.00% per annum being £630 and further interest on a daily basis until the date of judgement or sooner payment at a daily rate of £0.91p. The claimant claims (1) the sum of £4000, (2) interest of £630.00, (3) continuing daily interest at £0.91p.   What is the total value of the claim? £5100   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? I received a letter before action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes, but they were aware of this and have had my address from the day I moved   Did you inform the claimant of your change of address? Yes Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Probably phone    Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Only on one of them   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. im not sure   Were you aware the account had been assigned – did you receive a Notice of Assignment? No   Did you receive a Default Notice from the original creditor? Not that I’m aware of   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No   Why did you cease payments? We got into financial trouble, for behind, made an agreement to pay, which we did, then they increased the payments a lot and I couldn’t afford the new payments, and then we moved and our supplier changed   What was the date of your last payment? I don’t know   Was there a dispute with the original creditor that remains unresolved?   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan sort of yes, as part of our monthly payments, but they broke down shortly before we moved. I can’t honestly remember a great deal about it all as it’s a few years ago and I was regularly in and out of hospital at the time
    • Question guys -   If the alleged loan was applied for online and a "digital signature" was used to complete the application, what then constitutes an original CCA as it won't be like a paper based one that has a 'wet' signature.    As Lowell appear to have a copy of the online application what would they be expected to bring to court and would the document they have be enough for them to win? Or am I missing something in my knowledge on this?   Thanks.
    • couldn't see anything for southwell street that relates to TPS on the planning portal. Have asked them to call me back. Thanks for the info by the way.
    • @fkofilee thanks that’s definitely what I intend to do 😁. I Would just like to know if there is any course of action to stop them from spamming me with letters/emails in the future?   @dx100uk I know you are just trying to help however I think you have misunderstood. I have only dealt with them via post. They replied to me via email which I assume they have from when I signed up for the gym originally, which is why I stated I had yet to receive any further postal communication. I hope that clears up any confusion.
    • Hello i was hoping someone might be able to give me some advice please. It’s a bit complicated, but I’ve ended up with a claim form and I’m terrified.  I moved house two years ago. At my old address I was with npower. I lived there for 3 years. We had some financial issues and we were in arrears with npower, but we also were making some payments to them, as agreed with them. When we moved, I had health issues (problematic pregnancy)  and was in hospital a bit and I don’t straight away try to resolve the npower issues. I heard no more from them u til just over a year ago when I got a letter from William chapman solicitors, it was demanding over £4000 from us for npower. They said they’d sent me an incoming and outgoing letter which I hadn’t received, so they emailed me a copy, I sent it back to them and heard no more from them and didn’t chase them. I then received a letter before action a few weeks ago and I now have a claim form from them, dated 14th May. I don’t dispute that I owe npower some money, but I have no idea how the bill can possibly be as high as they’re saying. Even if I hadn’t paid at all for three years that would still be a high bill, but we did pay, even though I know there were arrears. I don’t know how to proceed at all. I can’t afford to pay them over £5000 which they now have the bill at, and I also can’t afford to get a ccj. I’d like to come up with a payment plan but they didn’t respond last time I sent them one. I’d really appreciate any advice please!  
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
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    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
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    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
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    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
      • 0 replies
Poor-Paulus

CEL ANPR PCN Claimform - Hawley Retail Park Hinckley **WON using 3 line def..+COSTS**

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Hi everyone,

I received this in the post today.

 

I noticed that the dates suggest that it has taken its time getting to me, so I think I need to move quickly on this one.

 

I have parked in this car-park on many occasions and I've never noticed any the parking signs there - I'll be going back this afternoon to check on this.

 

Any advice would be greatly appreciated.

 

21st April 2017.

PCN Scan2.pdf

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Also, dont worry about their silly timelines.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Can you say where you did your shopping? As the retail area is on both sides of the road, it helps us identify any signs.

 

What I did notice was at the Tesco store from an image taken in June last year, the parking was for three hours. Further up the road is a Lidl but I can't see the signs.

 

Any chance of some photos from where you parked?


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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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You are correct.

I parked in the non-Tesco side where there are a small number of other retail shops.

 

I usually park directly opposite the entrance from the road (snippet attached from Google Street Maps).

 

As mentioned above, I have never seen any signs giving any indication of parking restrictions...and I still can't see any signs on the attached views.

 

I will be shopping there again this afternoon, so I will take some proper photos.

Entrance photos - google street map.pdf

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Looking at this view... https://www.google.co.uk/maps/@52.5357122,-1.3733124,3a,15y,257.94h,86.89t/data=!3m6!1e1!3m4!1s7dpkkCIaqCWJQF6emXSajA!2e0!7i13312!8i6656 there is some sort of yellow sign on the lamp post on the right, I can just about make out that it's something to do with parking (could say "2 hours free parking") at the top, but if you can get a good clear image of that, it would be helpful.

 

If that's what they're passing off as an "Entrance Sign" they could be on a bit of a sticky wicket. It's on the wrong side of the road to be easily visible to a driver and the lettering is probably way too small to be read from a moving vehicle anyway.


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we need to see the postmark on the envelope as they are probably using their old tricks of telling out and out lies to get money.

 

 

That will apply to the signage as well,

they send a photoshop mock up rather than any images of the signs in situ.

 

reason for needing postmark on envelope?

you got the NTK too late for keeper liability

but they are claiming they snet it out in good time.

the postmark will prove otherwise.

 

 

the next step would be asking the DVLA who accessed your keeper details and when.

that will probably be after they supposedly wrote to you .

 

 

Not sure is Ashley Cohen is telepathic, pathetic and maybe psycopathic but they are not a replacement for the law.

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I must have passed that sign because that is on the right, after turning tight at the mini-island, which is where I parked.

 

It does look like it might be a parking information sign, but why would someone be looking over there for parking information?

 

It seems an odd place to location a potentially expensive bit of information.

 

I'll get some better photos later.

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but why would someone be looking over there for parking information? It seems an odd place to location a potentially expensive bit of information.

 

Ta-Daaaaaaaaaa :lol:

 

They'll swear that black is white that there is "clear entrance signage". That may be the case, there is an entrance sign, and it looks (from the GSM image) to be fairly clear. However, if they put it in a place where no driver is likely to be looking for signage about parking and use nice small letters so that it can't be read from a moving vehicle then it's not really so "clear" after all.

 

PPC's use all the dirty tricks they can think of to part the unsuspecting from their money.


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

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

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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we need to see the postmark on the envelope as they are probably using their old tricks of telling out and out lies to get money. That will apply to the signage as well, they send a photoshop mock up rather than any images of the signs in situ.

reason for needing postmark on envelope? you got the NTK too late for keeper liability but they are claiming they snet it out in good time. the postmark will prove otherwise. the next step would be asking the DVLA who accessed your keeper details and when. that will probably be after they supposedly wrote to you . Not sure is Ashley Cohen is telepathic, pathetic and maybe psycopathic but they are not a replacement for the law.

 

 

 

That could be a problem...the envelope went in the recycle bin. I'll have a look for it when I get home later (I'm still at work).

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thread tidied and retitled


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find it and you have proof that they are timed out to claim a bean from you.

If you dont have a postmark then they will argue as stated, their crooked living depends on it.

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Sorry for not being back sooner,

I've had family problems that are far more important than a parking issue.

 

I have attached some photos of the signage (and a couple of screen-grabs from Google).

 

 

I was intrigued to notice that if I'd turned left instead of right,

there are signs stating that there is only 2 hours parking, not the 3 hours.

More photos.pdf

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Well the PCN and the sign you posted contradict each other for starters. I assume that sign is there today and your camera has a date function.

 

The PCN states 2 hours free yet the sign says 3 hours. There is also the BPA requirement to give motorists a 10 minute grace period.

 

Is it worth appealing? As they are members of the BPA, the appeals process is slightly better than the IPC. No doubt CEL will reject you, even with your evidence so far but they should give you a code to go to POPLA for an 'independant' review. I would say yes. Even if you lost the appeal, CEL will have to take court action to get the pocket money. Going to court is not a slam dunk for them. A judge will base his/her decision on the facts. The sign and the PCN contradict each other, the PCN itself 'may be' out of time by one day and if you do some research, you may find that the original planning permission stipulated 3 hours parking and that hasn't been changed officially.

 

Your decision of course but that is the route I would go. Others will say otherwise.


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where is the envelope?

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where is the envelope?

Long gone...recycled.

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you were asked for it on the day you said you received it.

 

CEL now have the force of law on the service of documents on their side all because you didnt take this seriously enough. However, as they are wrong in so many other ways they are likely to lose any claim but they can invoke keeper liability, which they couldnt have doen if you had kept that envelope as it is datestamped and would ahve killed any claim at the word go.

 

For anyone following this thread, NEVER THROW THE LETTERS OR ENVELOPES AWAY, THEY ARE BOTH CRUCIAL EVIDENCE

Edited by honeybee13
Paras.

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if you read the other CEL thread currently active you will see that they applied for the keeper details too late so were breaking the law. You need to ask the DVLA when CEL accessed your data and make a complaint if it was after the date on the letter they sent you.

 

They are not telepathic so that will prove they deliberately use false instruments to make a financial gain and you just might get the police interested (probably not but always worth a try). You can also sue them for the unlawful processing of your data (worth doing).

Edited by honeybee13
Paras.

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Hi Everyone...I'm back.

 

I haven't made much progress with this because I had an accident in May and ended up in hospital a couple of times and have only recently started back at work.

 

As a result,

the POPLA number expired when I got round to registering my dispute.

 

I went back to CEL for a replacement who refused to provide another one.

 

It was then that I got stuck.

I received one-or-two further love letters from CEL, which I ignored (but kept) because I don't know how to further contest this.

 

I have now received a letter from their solicitors, QDP.

 

This leaves me to ask, what do I do next?

 

I kinda expected them to go away after they sent the previous letters, alas, I was wrong.

QDR letter.pdf

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ignore

next bloke next desk

diff coloured skirt

same printer

 

just never ignore a letter before claim

or

a claimform from northants bulk court


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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Hello there.

 

The parking guys should be along later to advise. But this looks like a threatogram to me. If the clients are ZZPS, I don't think they can take court action, it would have to be the parking company.

 

Please wait for the others to get here. :)

 

HB


Illegitimi non carborundum

 

 

 

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As it stands, that letter is a threat-o-gram.

There is no way they will be able to claim that much anyway.

 

Just for info. A little checking into QDR Solicitors reveal that they are 100% owned by Wright Hassall. Wrught Hassall did some work with the BPA in regard to appeals against Parking Eye. I suspect QDR are of the same ilk and don't really know what they are doing.

 

I think that the only way to go is to wait for court papers then defend it there. What you have already will help with that and no doubt they will send a template court letter


If you are asked to deal with any matter via private message, PLEASE report it.

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same 2 people run all three


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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read it carefully, they are instructed by ZZPS. That means someone who has no interest and cannot instruct anyone is doing the running.

 

Can you imagine you are selling your house and someone views it but doesnt make an offer. Your estate agent then gets a solicitor to write to them to tell them that as they viewed it they must buy it or pay a fine to the estate agents . Do you think that the viewer has an obligation to anyone in this chain? Sma applies here.

 

Stop begging CEL to screw you, once it is too late it is too late and depending on how you worded the letter you may ahve well severly damaged your position as keeper. You have had 6 months to read up a bit more but you then go and do this without asking whether it is a sound idea. Ultimately it wont change their signage for them but you should understand why they are after you and what they need to do to actually have a legal claim. It is not about parking, it is about contract law.

Edited by honeybee13
Paras

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The plot thickens...

 

I've now had this.

Parking.JPG

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