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    • I am just tidying up the above and noticed something that I'm not sure is important or not. On the claimform they state:- Claimant purchased the balance on the account on 06/10/2016. The letters I received were all dated 24th November 2016   Once I'm ready I assume it's self explanatory entering the information on the moneyclaim site? I've looked around on here and can't see any particular instructions so I'm assuming it's a copy/paste of the defence above?   Thanks
    • Why do you need to write what down please?   AoS is acknowledgement of service via the MCOL website as per dx's instructions. CPR 31:14 is a legal document you need to send to the other side, asking for information.   HB
    • DX - looked back to my old threads on here - the Ordinary Cause was, indeed, thru Nolans, on behalf of Cabot.   Nolan's requested a Joint Motion for the dismissal of this action by way of Decree of Absolvitor, in favour me (Defender), with no expenses due to or by either party   As they couldn't supply any paperwork, my lawyer suggested (I managed to get Legal Aid for this) that unless they dismiss they'd be due me money, and they agreed. This happened around the end of June/beginning of July 2016. What should I do with them now?
    • Hi ok thanks for replies. I had trouble finding how to reply on  my phone and don't have a computer, so am at the library which is pathetic and closes at 5pm so hard to get there   Name of the Claimant ? Excel Parking claimants Solicitors: BW Legal   Date of issue – don't have on me but it was in Sept 2018 (previous claim from 2017 resurrected) * Court date is 17th Dec -Next Tue   Date of issue   ^^^^^ 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   What is the claim for – PCN Not displaying a valid ticket for the private car park 468 Bury New Road, Prestwich I have copied their WS below with map location, signs, etc     **IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION   What is the value of the claim? original ticket was £100 plus additional fees so its at £255   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 ? Original Excel Parking   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure what this is?     I WILL TRY TO ATTACH THEIR WS - having trouble Do I just scan it in and attach it?   In the mean time my outline defence is:   No locus standi as have not produce a signed contract Under CPR 31.14 that the claim be struck out on the grounds of no locus   *I requested the contract and they did not provide it initially, however in their WS they have produced a signed contract from the pension fund who own the land    I was not the driver of the car. I have no evidence of the driver's identity. This dates back many years (2015) and difficult to remember who could have been driving  *their WS states I only said I was not the driver at a late stage and when filing an amended defence, and appears I developed a defence to avoid liability. I have stated this from the start.  Also that I alleged no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside Also question how I would be able to comment on the signs if not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply? keeper of the vehicle - as the protocols of the POFA have not been followed so no keeper liability created. DVLA data was supplied for the single strict purpose of enquiring who was driving, not for bringing a case against me years later  Signage not a transparent contract insufficient in terms of their distribution  wording and lighting hence incapable of binding the driver, which distinguishes this case from the ParkingEye Ltd v. Beavis case  Sporadic and illegible charge not prominent nor large lettering site/entrance signage breach of the BPA Code of Practice. The entrance sign is on the left side so not the drivers side. The signs have no mention of any debt collection additional charge  The signage was not lit and not transparent contrary to the Unfair Terms in Consumer Contracts Regulations 1999.  The entrance sign refers to the terms and conditions on another sign The signs did not have planning permission under the Town and County planning. I have an email stating there was no planning permission from the council. * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the county court to determine planning permission.   The signs do not fall under deemed consent.    * Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge   THANKS FOR YOUR HELP x   You mention I can get it struck out as they haven't sent me a bundle? They have sent me their WS online, no hard copies but I'd prefer not to go if possible  
    • Redacted and merged to one PDF   Attached is my witness statement and supporting evidence that I am going to give to the court, the court have said they will not even look at it until the day of the hearing, so I am OK to send it to them only a few days before the hearing.    Do you think it is worth me sending this to BW Legal, in the hope they will drop the case before it goes to court? Or am I better not showing my hand to them, so they cannot amend their evidence based on what I have stated?   If anyone would be kind enough to read through my statement and give me their thoughts, that would be very much appreciated.  ilovepdf_merged.pdf
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paulc123

ParkingEye Holiday Inn Guildford - No PCN received prior to second notice

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Hello there,

my wife received a letter from ParkingEye Monday 22nd May dated 17th May 2017.

 

 

This is regarding an outstanding parking charge amount due of £100 from Holiday Inn Guildford with the alleged offence occurring 5th April 2017.

 

My main concern is that my wife did not receive a PCN beforehand.

 

 

In the letter it states that 29 days have passed from the notice of parking but this is the first correspondence received.

 

 

I still have the right to appeal but only if there are mitigating circumstances as the initial 28 days to appeal have passed.

 

 

I would just like to know if I have a good case, and if ParkingEye are able to provide evidence they sent out the PCN if it has in fact been lost in the post?

 

Also to add to this,

my wife believes that this is a new charge and did not see any clear obvious signage, although she is used to the car park being free.

 

 

Either one of us will go back to the site to see what signage is in place although the alleged date is over a month ago giving ParkingEye plenty of opportunity to change/add signage.

 

The letter reads:

 

“We are writing to inform you that the requirements of Schedule 4 of the Protection of Freedoms Act in respect of keeper liability have now been satisfied and as 29 days have passed from the date notice of the Parking Charge was given, ParkingEye now has the right to recover any unpaid part of the Parking Charge from you, the registered keeper.

 

The amount now payable is £100.00. This payment is required within 14 days to avoid further action.

 

If this letter is ignored, further action may include referring to a Credit Reference Agency to confirm the correct address, instruction of solicitors to secure immediate payment, referral to debt recovery or the issuing of court proceedings, all of which could incur further costs which may be added to the amount owed.

 

 

To avoid further unnecessary costs or action, please pay the outstanding parking charge amount as stated above or make arrangements for the driver to pay, in accordance with the parking terms and conditions. Further information including how to pay, the right to appeal ect. Can be found on the reverse of this notice.

 

Please be aware that on the 4th November 2015, the Supreme court dismissed the further appeal lodged in relation to the matter of ParkingEye v Beavis [2015] UKSC 67. The appeal concerned the value of ParkingEye’s Parking Charges and the Judgment, granted in ParkingEye’s favour, delivers a binding precedent in respect of the value of the Parking Charge. The Judgment can be found by visiting the news section of our website and the article: ‘Supreme Court uphold Court of Appeal Judgment’.”

 

Any help would be much appreciated, many thanks.

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its was an ANPR capture so theres no PCN on the windscreen

 

if you can complete this in please:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

all will become clear to you:


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It would also be quite useful if you could scan in the NTK that you have and upload it to the thread. Please remove any identifying marks such as name, address, registration, code numbers (including QR & Bar codes) but leave things like dates visible.

 

ParkingLie don't usually get these things wrong, but there's always an exception to the rule, so if we can see it, we may be able to spot something.

 

 

It would also be very useful if either yourself or your wife could pop back to the site and take pictures of any & all signage in the car park (even if it doesn't relate to car parking), as well as any entrance signs as you drive in off of the public road.

 

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they mention the passing of 29 days so that suggests a screen ticket. as does the rest of the wording.

 

What to do?

The KEEPER writes to PE and states that no notice to driver was ever issued

so "strict proof" of this is required including a copy of the alleged notice to driver

and photographic evidence of this in place on the vehicle

and also of the vehcile in situ causing the alleged breach of contract

( you didnt say what it was they claim caused her to owe them money,

that must be on their paperwork so I have guessed the most likely).

 

 

The keeper does not say who was driving and always refer to themselves as that rather than I or by name.

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Thank you for all of your responses.

 

I have attached the actual letter as asked for.

 

Will wait to see if there are any more responses and then draft a letter of appeal.

 

Hello dx100uk, thank you for supplying the link, will answer those questions now:

 

1 Date of the infringement

05 April 2017

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

17 May 2017. Although "29 days have passed from the date notice of the Parking Charge was given" suggests I should have received something else beforehand which I did not receive.

 

3 Date received

22 May 2017

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?]

Y

 

5 Is there any photographic evidence of the event?

Images online of entering and leaving car park

 

6 Have you appealed? {y/n?] post up you appeal]

N. Will be sending an appeal within the next day.

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company?

ParkingEye

 

8. Where exactly [carpark name and town]

Holiday Inn Guildford, Surrey

 

For either option, does it say which appeals body they operate under.

BPA

 

Thanks

ParkingEye.pdf

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when you say no notice to driver was ever issued add "likewise no notice to the keeper of the vehicle as per the requirements of para 9 of the POFA"

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