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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. 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 simply contracted by the landowner 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. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Hi All,

 

Today I received the "Notice of enforcement" with regards to the PCN.

This is the first ever communication I have received on this matter.

All the previous communication were sent to my old address.

 

At the time of contravention also I was living at my current address but the letters regarding PCN were sent to old address.

 

When I checked the PCN on the local authority website it says that it has already been handed over to Civil Enforcement Agent and the letter that I received today also mention that Warrant of control for non payment of penalty charge notice.

 

My worry is do I have an option to request to restart this notice from scratch as I never received any previous communication on this and also the case is not in Civil Enforcement Agent's hand.

 

I appreciate your response on this.

 

Many Thanks.

 

Apologies, two typos in the post I sent and

 

the corrections are that the case is in the civil enforcement agent's hand and

also warrant of control is already issued for non payment of penalty charge notice.

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Should be able to

But why did it go go an old address?

Had you not updated v5c?

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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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 also updated my v5c around same time as I moved to my current address in July 2016 and the contravention occurred in the same month.

 

But the fact is very strange here as when I called the enforcement agent they mentioned my old address the one that I used to live even before my previous one and I definitely changed the v5c when I moved to my previous address.

 

so somewhere DVLA may still have the record with the old address (before the previous one) but my v5c shows the current address.

 

I saw your next post and will follow the same step that I followed in my previous thread.

I appreciate your advise in this matter.

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Seems like the dvla has an ongoing issue with your accounts with them

That Would explain things....

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 would also like to know that does the "Warrant of control" mean that it will now show up as the offence in my historical data somewhere and if that is the case can I ask council also to revert this "Warrant of control"?

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nope doesnt show

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

so as post 9 on your old thread then?

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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If you called TEC and they instructed you to use the Forms PE2 and PE3, then these must be the correct forms in relation to your particular contravention. The downside with these forms, is that you need to have them witnessed by either a solicitor or the court.

 

The PE2 and PE3 (Out of Time Statutory Declaration forms) were due to be revoked and replaced by the commonly used Out of Time Witness Statement forms (TE7 and TE9) which do not require a signature being witnessed.

 

The provision to replace the PE2 and PE3 forms were part of the Prisons and Courts Bill. As a result of the forthcoming general election, the Bill will not be taken forward and will not complete it's parliamentary passage.

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In PE3 form in the reason box I simply have said that "because I was not aware of it" and in PE2 form following is what I have written

"The reason is I changed my address and due to that I didn't receive any correspondence with regards to the PCN."

 

The date I moved was three weeks before the contravention.

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If that is all that you are putting on the form then the chances of it being rejected are sky high.

 

I can put something together for you later today if you can wait. What date was the Notice of Enforcement dated and what date is given for payment to be made?

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Unless things have changed, the witness when signing the forms should be a commissioner of oaths - normally someone working at the counter of the nearest county court. I wouldn't pay a solicitor - I believe the court staff do it free. But why are they asking to use the old forms, I wonder?

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Can you please advise me on which is the correct form as I am now totally confused. If needed I can call the TEC again and ask why they have given me the PE forms and not TE forms?

 

Ok my contravention is related to moving traffic rather than parking. Is that the reason why I have been given PE2 and 3 forms?

 

@ Bailiff Advise - I am still waiting for your response as you were to give me some advise on filling forms?

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@ Bailiff Advice - Thanks for the information. I would like to inform you that the communication regarding PCN went to my old address, even the one I used to live before the previous one as you can see from the post that I had similar situation in the past so seems like DVLA has not updated my record on their side even when I have been updating address on my v5c.

 

Any advise on that?

 

Also shall I also send them proof showing that I have been living at the current address even before the contravention and also the proof of v5c with current adress?

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Now I am confused.

I assumed from your post yesterday that you had updated your V5c with your address details about three weeks after you moved.

 

Are you now saying that the V5c was still recording the address of a property that you had lived at not only previous to where your are now....but even previous to that address?

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