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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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ukcps/? PCN claimform - FLEECE YARD KIMGSGATE SHOPPING CENTRE Huddersfield

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Hi

I've just received through a county court claim form from ukcps.

 

 

I currently pay and have done for a while £85 per month to park in a private Carpark for work.

It was owned by the shopping centre but was then taken over and we were issued permits that we had to display.

 

On the day I got the fine my permit had blown onto the foot well so I sent a letter to ukcps and stated this.

 

They have carried on with court proceedings even though I have my receipts for paying every month and now I have no idea how to appeal this online but refuse to pay the £175 they are now asking when they receive £85 a month off me already!

 

Hoping someone has a template I could use to appeal this asap as I've been on holiday so I'm down a few days into my 14 days to appeal already grrrr

 

Thankyou

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welcome aboard

 

 

can you complete this please so we have all the details to hand to properly advise you

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

 

 

one point

IT IS NOT A FINE

 

 

dx


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Thankyou I've no idea what I'm doing if you didn't guess haha I'll send the questions and answers in a minute.

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that's ok

easy sorted

 

 

dx


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Name of the Claimant ? UKCPS LTD

 

Date of issue – 17th May 2017

 

Date of defence filing 16th June

 

What is the claim for –

 

 

1.A claim for the outstanding parking charge has been issued against the registered keeper of vehicle registration XXXX parked on FLEECE YARD KIMGSGATE SHOPPING CENTRE.

2.The driver of the vehicle parked on 19/01/2017 at 09:57hrs.

A ticket was issued for parking WITHOUT A VALID PERMIT OR AUTHORITY.

3.This land is managed by the claimant UKCPS Ltd and vehicles parked on this land are subject to parking conditions which are set out on signage on this land forming a contract between the driver of the vehicle and UKCPS Ltd.

4.The registered keeper who may have been the driver or alternatively has chosen not to name the driver is responsible for payment as required under Schedule 4 of the Protection of Freedoms Act 2012.

5.By parking on this land the driver contractually agrees to pay a charge of £100.00.

This amount remains unpaid, an additional charge of £50.00 had been incurred in collection fees whereby this becomes a commercially justifiable figure.

 

What is the value of the claim? £175.00

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? UKCPS Ltd

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I did receive letters.

 

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

I think that's right but let me know if I've missed anything.

Thankyou

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who are the solicitors please


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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

text of CPR to use:

 

 

to the solicitors

[Your address]

.

[Their address [solicitors]

.

[Date]

.

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

.

3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court.

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

.

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence.

.

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT

 

ends


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Thankyou so much what is a cp31:14? Also how do I find out who the solicitors are? What do you reckon the chances stand at. This is the first parking ticket I've had and have never looked into anything like this.

Thankyou again

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the CPR is above read it and tells you what it is...

ive already posted the text of it to copy and send off.

 

 

there should be a solicitors listed on the claimform

if not send it to UKCPS.

 

 

get the AOS on MCOL done soonest.

 

 

then time to read like threads in this forum

the regulars will be here tomorrow.

you wont have to pay this

your permit over rides it.

just because you didn't display it is bunkum.

hoping you don't defend all and panic and pay

I doubt very much you'll see any court room insides at all.

 

 

it s a speculative claim on a speculative invoice.


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Thankyou so much I will send it tomorrow and keep you updated.

I've been worrying about this since I got back off holiday so you've lifted a weight.

Thanks again

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get AOS done on mcol

you can do it now

follow post 7


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Morning I have submitted the AOS now.

Do I send the letter through post to UKCPS or is there someone online I can put this CPR?

Thanks

 

Do I put the CPR in the defence section? Sorry if i sound a bit stupid!

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No, the CPR request is different.

 

Ideally it should be sent to whoever is acting for them, is there anything on the claim form that looks like a the name of a legal firm? BW legal, Gladstones Solicitors anything like that?

 

If not, send it to UKCPS


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.

 

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No it just shows UKCPS as been the claimants so I'll send it to that address below. Do I need to file anything in my defence section in MCOL?

Thanks

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Just a simple defence for now, that way you have the most scope when submitting your full defence which will be due 14 days (or as ordered by the court) before the case is heard.

 

Something along the lines of...

 

"The defendant denies any contract existed between themselves and the claimant and put the claimant to "strict proof" of the same".


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.

 

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don't file a defence yet

not due for weeks

 

 

dx


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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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You seem to be making good progress, blue jeans. :)

 

Off topic I know, but I love the irony of 'Fleece Yard'. Keep listening to the guys, you'll be fine.

 

HB


Illegitimi non carborundum

 

 

 

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UKPC were due in court on monday for a winding up petition. I will phone the chancery division to ask them about the case tomorrw, they may not exist with a bit of luck and you can respond accordingly

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On the PP blog, someone has stated that the case was dismissed. I do hope that they're wrong.


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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Okay so the best thing for me to do is post the letter to UKCPS and sit back and wait? Will I get an email when I have to post my defence?

Thankyou everyone for your help it's much appreciated :)

 

Haha I also thought this, time will tell I guess but I'm not going down without a fight haha

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get the CPR running

don't SIGN ANYTHING

 

 

and don't miss your defence date WHATEVER HAPPENS

 

 

dx


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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Thankyou I'm going to do the CPR Friday when I can get to a printer with ink ha

Is it best just to put a short and simple defence like advised?

Thanks

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NO!! not till 16th june


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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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Also when I submitted my acknowledgement I had to put my name but it said signed next to it...is that still ok! There was no other way round it.

Thanks

 

Okay I won't do anything, I just feel like I (well you) haven't done a lot!

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court stuff ok

stuff to the fleecers no don't sign ever!


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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