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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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no1sbusiness

No right turn (during X hours) - traffic offence - Ealing Connell Crescent, ignoring no entry sign Task Enforcement Ltd

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Unlike in the majority of cases that I receive on a daily basis, you have updated your address details in a very timely manner. Accordingly, in your Out of Time witness statement you need to emphasis that you have acted responsibly. Also, you have not outlined the reason why you had not submitted the witness statement any earlier. At the very least, you should be putting something along the following lines:

 

I was unable to to file this statement any sooner as I only became aware of this penalty charge notice on (enter date) when (explain how to came to know of the debt)"

 

You could then add something like this:

 

From enquiries that I have now made, it has revealed that my vehicle had been involved in a road traffic contravention on 28th November 2016 and that all notices from London Borough of Ealing had been sent to my previous address at xxxxx. Unfortunately, I did not receive any of the notices as I had moved from that address 4 days later (on 2nd December 2016).

 

In regards to my address details with DVLA, I would like to bring to the court's attention that I updated both my driving licence and V5C with DVLA approx 4 weeks after moving into my current address. As evidence, I am attaching a copy of my V5C.

 

Etc, etc.

 

I am now aware that my vehicle Y7XXXXX had been involved in a road traffic contravention on 28/11/2016 and that all notices from London Borough of Ealing had been sent to my previous address but that I had not received any of these notices as I had moved from that address 02/12/2016. All my documents, including DVLA, car reg, bank accounts and insurance documents were updated in January 2017.

 

I only became aware of this penalty charge notice on 07/07/2017 when my previous landlord contacted me that a letter from task enforcement was delivered to my previous address. From enquiries that I have now made,

it has revealed that my vehicle had been involved in a road traffic contravention on 28/11/2016 and that all notices from London Borough of Ealing had been sent to my previous address at Flat XX, XX Street, XXX. Unfortunately, I did not receive any of the notices as I had moved from that address on 2nd December 2016.

 

In regards to my address details with DVLA, I would like to bring to the court's attention that I updated both my driving licence and V5C with DVLA mid-January 2017. As evidence, I am attaching a copy of my V5C. Some delay was due to the festive holiday period but I tried my level best to act reasonably.

 

I request your office for the warrant of control held by the bailiff to be revoked, the court registration cancelled and for the local authority to 'rewind' the penalty charge notice back to the initial stage to allow me to either

pay at the earlier discounted rate or to appeal the ticket.

 

?

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I have spoken with them and made payment of £278, the first matter is closed and the second matter is on-going.

 

Excellent news. You now need to concentrate on getting the second penalty charge rewound back to the Notice to Owner stage to allow you the opportunity to pay at the earlier discounted rate. It's important therefore to get your Out of Time witness statement for this debt completely drafted.

 

PS: The 2nd letter from Task allows you until 13th July to make payment. You don't have to get the forms to the Traffic Enforcement Centre today...tomorrow would be fine. It's more important to get the forms drafted properly.

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Thank you so much. I have been trying to get this done today as I am our of London tomorrow and day after and also I have an appointment at county court already. I am extremely sorry for the inconvenience here but if you are happy with the drafted matter. I can print and take it along with me to have it witnessed.

 

I can always add (not delete) some more details to the reason later today or tomorrow before sending, just cautious of time and have it attested with court.

Edited by no1sbusiness

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Thank you so much. I have been trying to get this done today as I am our of London tomorrow and day after and also I have an appointment at county court already. I am extremely sorry for the inconvenience here but if you are happy with the drafted matter. I can print and take it along with me to have it witnessed.

 

I can always add (not delete) some more details to the reason later today or tomorrow before sending, just cautious of time and have it attested with court.

 

I can now understand the reason why you need to get the forms witnessed today. Are you certain that you need to be submitting the PE2 and PE3 (Statutory Declaration) instead of the TE7 and TE9 (Witness Statement).

 

Just to confirm, you cannot add or delete any words from the PE2 and PE3 after the forms have been witnessed.

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oh I have no idea about TE7 and TE9. I will prepare whichever one you think is best. I only suggested PE2 and 3 as TEC sent them to me when I spoke with them before. I also understand that I cannot add or delete any words once they have been witnessed. Thank you for point it out.

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oh I have no idea about TE7 and TE9. I will prepare whichever one you think is best. I only suggested PE2 and 3 as TEC sent them to me when I spoke with them before. I also understand that I cannot add or delete any words once they have been witnessed. Thank you for point it out.

 

The forms are determined by the type of contravention. To be on the safe side, I would suggest that you call the Traffic Enforcement Centre. They will tell you which forms.

 

The problem with the PE2 and PE3 is that the forms require that your signature is witnessed. This has been a problem for many years, not least because, if a vehicle is clamped (or removed) it can be difficult to travel to a firm of solicitors to get the forms witnessed. By comparison, the TE7 and TE9 is a witness statement and your signature does not require witnessing.

 

The PE2 and PE3 were due to be revoked a short while ago but the legislation was put on hold pending the general election. It's hoped that the legislation will still go ahead.

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I finally managed to speak with TEC. They say I need to submit PE2 and PE3 via email for them to hold enforcement. I have both forms filled with the matter as discussed above. I have them witnessed by the local county council office. I am due to email them to TEC along with scanned copy of V5 and my Driving licence.

 

Fingers crossed.

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