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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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@natwest_help help required


Johnhd
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Hi

 

I sold a phone via fb marketplace and he paid into my account.

 

I sent the phone and I assume he has received it as he has now reported me as a [EDIT] to Natwest saying he has received nothing.

 

I have no proof of post. The bank has blocked my access to online banking and use of my card

 

I have no access to my monies.

 

I spoke to them and they said that I am being investigated by the team

 

I am outraged as obviously the person saying I am doing him over is in fact trying to do me over

 

Any how. How will I get my account back and my monies? Also I hear fraud and think of the police. Is this guys games going to get me in trouble?

 

Thanks

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I what proof have you that HE reported you to NatWest?

I doubt it.

 

somethings not right here.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I don't have any apart from taking the ladies word for it over the phone to the fraud team.

 

She also gave me his name.

 

I found it odd as the phone I posted would have only arrived today so he has acted quickly

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its got nothing to do with your bank!!

 

they have no authority whatsoever to close your bank account just because you supposedly didn't send a phone

 

you'll find the fleecers has done a clawback on the money He wired YOU

probably via western union or one of the other dodgy methods wherby he can recall it.

 

whilst they investigate HIS fraud

your account will be blocked

 

this sc@m happens 1000's of time a day onm ebay etc etc

 

because people never read the warnings about such sc@ms

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi

 

He paid from his bank account straight into mine. Whether his bank account is legit I do not know.

 

My bank and monies today is still unavailable. I have no been in trouble on eBay for an unpaid item.

 

The way things are looking this guy is going to be getting my account closed and result in me losing my balance

 

I posted the phone. He has obviously got it but thinking about it, there would be no difference if I were to hand him the phone. As it's a bank transfer.

 

I want my money and bank account to work :-/

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they have no authority whatsoever to close your bank account just because you supposedly didn't send a phone

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

well its not done because of what you've done

 

I would suspect he is a well known sc@mmer and the payment to your account is the fraud

yes they'll lock yours down to stop you spending the fraudulent money transferred in from his fraudulent account

 

might not even been from his account

could have been someone elses he's hijacked

and you might not be the only person too to get funds from it.

 

this will resolve itself in time but I doubt you'll see that money nor the phone ever again.

 

sadly you've fallen for one of the oldest tricks with online trading

you should never ever allow people to pay you direct

always use a third medium that gives you protection like PAYPAL

 

have you alerted FB marketplace

and contacted action Fraud?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

No. I have spoken to them. The cause is me. They are literally naming me the [EDIT]

 

This is why I'm so angry. It is a joke. I said ok let me report him and they would not allow me as I'm the one being investigated. I was speechless

 

I don't know my next act. Natwest know I have had the monies and spent the monies. It was mine to spend. So am I going to be 200 down, a bank account down and my balance down

 

I am so angry it's unreal and all i seem to be able to do is wait

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so YOU@VE done nothing to counter the claim

as post 8

get moving

another day wasted.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I have spoken over the phone to the team and answered all the questions.

 

The woman was actually really offensive as she was speaking to me like she was a police officer and I'm the criminal and it was not a nice experience at all

 

I'm not sure what else to do.

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have you alerted FB marketplace

and contacted action fraud?

 

I wouldn't be talking on the phone

you need a data trail

everything in writing

 

might be an idea to email the CEO and complain

 

to date you've simply accepted you've been sc@mmed which is why you are being treated like dirt

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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