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    • 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
    • Update.   So I received my court date. Any evidence from both sides needs to be sent to the courts and opposing sides 10 days before the court date.  No defense to file so this is where things differ from the rest of the UK. Would bank statements be enough evidence to prove my statue barred case?  
    • Right, I might go through Resolver, it certainly got my banks attention sharpish recently on another matter.   It seems to me that two pairs of the same model of boots failing in succession strengthens my argument so should I start from scratch with both pairs n a single complaint?
    • Why do I need to write this down?   What do AOS and CPR mean?       Note to admins, also, this editor is crap for quoting, how do I go to markdown?
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My daughter is on benefits and borrowed £1200 from me last year to pay off a summons for council tax arrears.

 

I paid this on the phone and asked "so thats it theres nothing else outstanding" and was told no its all up to date.

 

I asked about the current period and was told that they were setting up £20 first month followed by 9 months of £19.10.

 

We were expecting some paperwork to back this up and maybe set up a direct debit but heard NOTHING until this morning when she receives a summons to appear in court on the 13th June.

 

Now, I have no problem paying the £191 council tax that they are demanding, but I'm loathed to pay court costs when there has been ZERO correspondence between me paying last time and this morning. No demands, no agreement, no final reminders etc.

 

If I ring and just pay the £191 will they still pursue this through the court. Im quite happy to attend court with my daughter and explain all of this but just wondered what my chances were of getting this settled without going, and if I DID attend my chances there too.

 

Thanks

 

UKD

 

PS this is London Borough of Barnet

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in fact to confirm it wasn't last year she borrowed the money it was January 2017

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have you asked about the dd formally? they need the details and an agreement. If they lost the form that is another matter as they are then culpable

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Although we asked them to send the DD forms to us, we never ever received them. Is the onus on us to ring them and ask again? we literally never received anything regarding this until this morning.

 

They told her she missed two payments but I'm not sure how she could have missed them when there was no direct debit in place. I think although we asked they didn't set one up and send the forms (nor anything else) and now she has to go to court for it.

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" I asked about the current period and was told that they were setting up £20 first month followed by 9 months of £19.10."

 

Did you provide the account details..sort number and name of account holder and bank ?

 

Andy


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Now, I have no problem paying the £191 council tax that they are demanding, but I'm loathed to pay court costs when there has been ZERO correspondence between me paying last time and this morning. No demands, no agreement, no final reminders etc.

 

If I ring and just pay the £191 will they still pursue this through the court. Im quite happy to attend court with my daughter and explain all of this but just wondered what my chances were of getting this settled without going, and if I DID attend my chances there too.

 

Prior to the summons there has to have been at least one demand notice and at least one reminder. These will have been generated, the systems won't let a reminder be generated unless a demand notice has been issued or a summons before the reminder/demand notice have been issued. The issue as to where they've been posted is something only the council can answer.

 

Providing the council can show that they've generated and posted the notices to the correct address then the court have no reason not to grant the liability order as due process would have been followed. Proof of non-receipt would be needed as the courts presume that Royal Mail deliver all mail that is correctly addressed and stamped.

 

The question Andy has asked about the DD is relevant in that you should be able to argue with the council that you thought payment was being taken if you had provided all details, but I presume from post #5 that you hadn't. The payment responsibility lies on the tax payer to ensure payment is made ultimately.

 

Craig

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