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    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and 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. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
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jonnymango

Gemini Parking PCN claimform - Olympic Park

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Probably some more toilet paper from Gladdys, and if they carry on a snotty letter saying the matter is so simple the PPC will win, so they are asking for the matter to go forward "On the Papers".  which is where you insist it goes to court, they like to trick people into letting them get a default as they don't want their useless Particulars of Roboclaim to be tested in court if they can get away with on the papers.


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they like on the papers for 2 reasons,

they dont have to pay another solicitor to turn up in their place (but have already charged you for their attendance in the monies claimed) and they can submit outrageous assertions and irrelevant case law and claim it is precedent without you having the opportunity to rebut or challenge it.

 

It is common for them to drop the entire claim when they fail to pull the wool over your eyes and a hearing date is looming.

 

One day I will write a long list of all of the abuses of process and statements of truth that are anything but.

Perhaps it could be put in the stikky's as a reference file.

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Sounds like you could write a book nevermind a long post!

 

Fingers crossed they drop it further down the line.

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now spend your 'downtime' wisely.

get reading up on what might be to come next.

use the custom google search top right.

 

pcn claimform


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hello again wise ones.

 

So as expected I got the letter from Gladstones saying they are proceeding with the claim, request to deal with on the papers, matter relatively straightforward, costs to attend hearing disproportionate, elected not to mediate, client would be happy to listen to any genuine payment proposals.

 

Subsequently a couple of days ago received notice of proposed allocation to small claims track requiring completion of the Small Claims Directions Questionnaire by May 15

 

So, do I reply to Gladstones first, refusing to agree to it going on the papers and requesting again the information previously requested?

 

Then fill out the Directions Questionnaire and send that back to the courts?

 

Then go back to EB's post and start preparing a statement, or do I wait to see if they decide they are actually going to take it to court before putting time in to that?

 

Thanks in advance as always!

GladsProceedWithClaim.pdf AllocToSmallClaimsTrack.pdf

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Reply to the Court that you want an oral hearing and object to "On The papers" and indicate on the Court DQ that this is so. 

 

Gladdys are hoping for another unchallenged Default, so getting a hearing is key to undermining them.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Thanks, so just do the Directions Questionnaire and send it (with a covering letter?) back to the court? No contact with Gladstones?

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send a copy of your completed DQ to Gladdys, snail mail free proof of posting.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Cheers.

 

Worth making the CPR 31.14 request again at the same time?

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I wouldn't, as their non compliance with original request  is useful for your defence so why give them a chance now?  Others will doubtless be along soon to advise further.


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the lack of a response to the CPR 31.14 can be used against them so you dont give them another chance at screwing you over.

 

When you send in your N180 you can add a letter (include claim ref and that it is from you as defendant) rejecting an "on the papers" determination and stating that the plaintiff has failed to show authority to enter into contracts by way of their failure to produce such a contract under a CPR31.14 request and you ask the courts to use its powers to summarily dismiss the claim under CPR 3.4 and possibly as CPR 16.4 1(a) does not state why the claim is being made, ie whether it is for a breach of contract or for monies due as a contractual sum. 

 

Now you are unlikely to get the dismissal but what is likely is that Gladdys will be forced to present more evidence of their clients claim and as this will take time and cost them money they may well not pay the allocation fee and run away and hide.

 

Even if it gets beyond that it usually is the first thing the judge asks about before they let anyone speak about anything else and it is then common for the claim to be dismissed if the evidence wasn't properly included.

 

the form is generally self explanatory with you ticking yes for small claims track and putting in any dates you cnat make. It will then get sent to your local county court for allocation of a hearing date

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Thanks EB, one thing re the CPR31.14... I recently re-read a letter (attached) they sent to me wanting proof of my residence at the new address I sent for future correspondence with the CPR request said if I didn't they would close the request - at the time I just read it as close the request to use the new address, not close the request for the CPR 31.14.

 

I didn't read it properly at the time, and didn't want to give them proof of my address, knowing that I still have the mail redirection in effect. However, they have in fact used the new address for the most recent correspondence anyway.

 

Have I slipped up, or have they?

ChangeofAddress.pdf

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so when they shot themselves in the foot it clearly missed anything vital

 

However, you provided them with an address for the service of documents that is within the EU so they cant say they arent obliged to use it but dont bother with proving anything.

 

trying to justify their failures to provide the infomation in this way will do them no good and if they do send stuff to your old address you can use that against them, for example you can claim that you didnt receive any documents sent there and as they had your correct adress that all such submissions should be struck out.

 

You can also go after them for unreasonable behaviour costs such as 5 hours  research time @£19.50 per hour

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Cool, so they've just used that as an unnecessary obstruction to avoid having to provide me with the information requested, and I can still claim that they have refused the request as I don't need to prove any residency, I could in fact have just wanted the correspondence to come to my office instead of home address?

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no, they werent going to send it anyway. they just wanted to see if you were dumb enough to send it and then make assumptions about what else you might fall for.

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Thanks Erics Brother,  could you cast your eye over this as the body of the cover letter to the Court Manager to accompany my DQ...  thanks

 

Dear Sir/Madam,

 

Please find enclosed my completed N180 Directions Questionnaire as the defendant.

 

I note that the claimant has requested a Special Direction for the case to be dealt with on the papers. 

 

I do not consent to the claimants’ request for the matter to be dealt with on the papers and I believe the case should be dismissed under CPR3.4 on the basis that the claimant has failed to show any authority to enter in to contracts by way of their failure to produce such a contract, nor any evidence of planning consent for their signage under a CPR31.14 request.

 

Furthermore, the claim is made against the driver of the vehicle but the claimant has failed to provide any evidence that I was the driver, and are illegitimately pursuing me as the keeper.

 

Failing that I request that the matter is heard in person at XXXXX County Court,  as this is the nearest County Court to me.

 

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drop the bit about the driver liablity and you being keeper, nothing to do with the court case management powers.

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Hello again wise ones.

So it appears that they wish to see it through to court, although not to attend in person.

Court date is set for September 13

I just received their witness statement bundle as attached (redacted) part 1, and part 2 in the next post

 

Obviously then I need to now prepare my version so any vital points and refutations to their references would be much appreciated as always.

 

Based on their evidence am I stuffed after all this time?!

 

 

 

 

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please read upload carefully and use one multipage pdf

also use pdf reducer sites if your attachment is too large [4.8Mb]

 

 


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No you are not jiggered at all. The fact that they haven't complied with your CPR request should mean that they haven't got all the ducks in a row to show they have a legitimate case. In addition depending how they and the Court reads your response could man that either they drop the case before the hearing or the Court decides there is no case to answer.

So the quicker you repost their WS the better.

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abuse or failure to follow process means you can sk that the resultant claim is reduced by 25-50% shuld you suddenly feel like admitting you owe the money but the reality is nothing has changed. the signs arent any more valid now they have filed a bundle of paers than they were before

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Thanks.

 

 

They say "My company relies on Parking Eye v Beavis (2015) in which it was accepted as an established principle that a valid contract can be made by an offer in the form of the terms and conditions set out on the sign and accepted by the driver's actions as prescribed therein"

 

Is there a refutation to this case anywhere? Or do I not argue that  and just refer back to EB's earlier post and focus on the signs?

 

"What you are writing is roughly your side of events and referring to the evidence you can provide so that will include their signage, any evidence or lack of authority for them to offer anything, their paperwork if that doesn't create a liability, the POFA where the vital phrases have been missed by the parking co or the timescales missed.

 

then you pick holes in the wording and substance fo their claim, for example,

contractual sum or breach of contract

- they are different.

are they claiming from you as driver or keeper, cant assume they are one and the same.

 

What about the amount claimed?

it will invariably include unicorn food tax so if they are saying keeper ia liable they are limited to asking for the amount shown on the NTK and you should make this clear as it helps damage their assertion that driver and keeper liability are the same thing

 

As they havent responded to your CPR request for documents you can start off with that but it isnt a golden bullet, "

 

thanks

 

 

Thanks DX - I wondered about the blacked out bits. That's their doing not mine obviously.

 

 

 

claimants_ws_.pdf

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