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    • Yes, my initial view is that @unclebulgaria67 is probably right and that because it was a magistrate's warrant, it would be the energy company that would have been in control of the situation directly. Unfortunately this will be much more difficult to deal with then dealing directly with Marston but anyway if you give us your details as requested, we can at least get Outlook from that direction as well. I'm also wondering about the position of your landlord in this. As you have taken up a tenancy in a particular property then I would have thought that one of the terms of the tenancy would be that you should be entitled to quiet enjoyment. Although the landlord may say that it is not their fault and it is down to the previous tenant, at the end of the day you have a contract with the landlord who has certain responsibilities. I think we may consider involving the landlord in this as well. You say that there have been letters addressed to the previous tenant. What have you done with those?
    • Yes please. We have certain direct access to Marston and we may be able to get someone to look at this at a senior level. Please email us as requested with your own contact details and name of previous tenant.   We can't guarantee any particular result but we can promise you that it will be looked at.
    • they say in letter dated 20/01/20 that the agreement was terminated on 30 July 2017 and cannot be terminated twice, so your VT request is invalid. startline issued termination or Default notices on the following dates: letter: 30/03/2017 termination notice  liable for payment: arreaers to date : £365.38 the balance of: £10,586.50 total: £10,951.88 7 days notice else ROG+sums outstanding. ....................... Letter: 11/12/2017 Default Notice nature of breach: instalments of £211.73 due 30th each month. action to remedy: payment of arrears £449.23 by 30-12-17 other info: payments to date: £5226.91 outstanding: £9351.89 less rebate: £2251.41 Amount Due: £7100.48 if you act before 30-12-17 and have paid £7056.90 you can VT. ............ Letter: 27-07-2018 Default Notice refs a dn dated:31/05/2016 - there is no such DN in an SAR return. nature of breach: instalments of £211.73 on 30th each month. action to remedy: payment of arrears £226.73 by 15-08-2018 other info: on or after date 27-07-2018 we shall terminate,withdraw possesion and recoversums due upon termination. total paid: £6250.91 outstanding: £7647.28 less rebate: £1590.47 Amount Due: £6065.81 if you act before 15-08-18 and have paid £7056.90 you can VT. ........................  letter: 01-10-2018 termination notice  liable for payment: arreaers to date : £325.06 the balance of: £6079.75 total: £6404.81 7 days notice else ROG+sums outstanding. ……………………...     NEW ORDER STATEMENTS.pdf Doc1.pdf
    • thank you.   have you had issues paying credit before you took any of these out?   i'e were you keeping a good handle upon your credit file and it wasn't shot with any defaults or payment markers during the period when you applied and were successful in getting any of this additional credit?   my thoughts are ...should the above not be the case and your credit worthiness was good... so couldn't p'haps introduce some irresponsible lending complaints in association to them … it might be an idea to give all your creditors the heads up that times are hard and you wish them to help you, as they are duty bound to do, by freezing interest and any penalty fees to allow you to ride out this present financial hardship till things improve ...   how does that sound...   dx  
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Blue jeans

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.

 

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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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.

 

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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don't file a defence yet

not due for weeks

 

 

dx


..

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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


..

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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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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!


..

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