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    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
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Highview Parking ANPR PCN Claimform - Urban Exchange Manchester ***Claim Dismissed***


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I've received a parking ticket from Highview Parking - See attached.

It states that the visit contravened the terms and conditions displayed on the signage.

I used the facilities and thought i was well within the terms and conditions but they do not seem to think so..

Would appreciate any help with how to respond to this letter as i think they are acting unfairly.

Cheers,

 

HighView PCN.pdf

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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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For PNC's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 22/08/17

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]27/10/2017

 

3 Date received 01/11/2017

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? No

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? {y/n?] post up you appeal] No

 

7 Who is the parking company? Highview Parking

 

8. Where exactly [carpark name and town] Urban Exchange, M4 Manchester

 

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

 

Please accept my apologies, I've filled this in below :)

 

Cheers,

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out of time then

ignore them.

  • Like 1

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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you blanked out the time of the stay so my guess is they are saying you overstayed.

 

Now, I would surmise that they may try and claim that the letter is in time for a screen ticket but then they wouldnt be using ANPR as evidence.

 

Their NTK doesnt contain the prescribed information to be legal any way.

 

Ignore any correspondence up until the point that they threaten court action.

 

they wont get this letter right either but that will be the time to tell them you are wise to their shinanigans and will be after them should they persist

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  • 4 weeks later...

You've got absolutely nothing to worry about with LowLife Parking... They're very good friends of mine :-) Well, they keep wring to me, so I guess they must be :lol:

 

Have a read... Here, here, here, here, here and here

 

Now while my situation is different to yours, you'll gather from the above that LowLife Parking couldn't organise a drinking session in a brewery! They only survive on the income from people that are too meek to stand up to their bully boy tactics. :sad:

 

You'll get all the usual, NTK, NTK Reminder and then a "legal action pending', perhaps interspersed with beg/threat-o-grams from Debt Recovery Plus (DR+) their tame DCA (who you can most definitely ignore), but I'd be very surprised if they send you any kind of letter before action (LBA). I've been trying to get them to take me to court for the last 3 years and they just don't want to play ball :razz:

 

Fight back, and these clowns will roll over eventually, there's no profit in it for them once they realise that they haven't managed to intimidate you in to paying.

  • Like 1

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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  • 4 years later...

Hi CAG,

 

I hope you are all well. I have previously posted regarding a ticket I got a few years ago

 

A letter has been sent to (typically) an old address from the County Court Business Centre. Please see attached:

 

The letter was sent with accompanying letters and information on how to pay.

I was wondering if this is something I need to action as I was originally advised to leave the original notice.

 

As mentioned this was sent to the wrong address originally and in the letter it says I have Thursday to respond so I would really appreciate a quick response!

 

Thanks!!

Edited by dx100uk
claimform removed
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  • dx100uk changed the title to Highview Parking ANPR PCN Claimform - Urban Exchange Manchester

we dont need the claimform removed as it was unredacted anyway

 

please complete this:

 

 

 

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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Hi Dx, 

 

Please find response below:

 

Which Court have you received the claim from?  County Court Business Centre Northampton NN1 2LH 

 

Name of the Claimant: Highview Parking Limited

 

Claimants Solicitors: DCB Legal LTD, Direct House, Greenwood Drive, Runcorn, WA71UG

 

Date of issue – 25th November 2021

 

Date for AOS – 13/12/21

 

Date to submit Defence – 24/12/21

 

What is the claim for – 

 

1 The Defendant(d) is indebted to the Claimant ()' for a Parking Charge(s) issued to vehicle ' xxxx ' at Urban Exchange M4

 

2. The PCN details are 22/08/2017 

 

3_The PCN(s) was Issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract) thus Incurring the PCN(s).

 

4 The driver agreed to pay within 28 days but did not,  D is Liable as the driver or keeper

 

5.Despite requests the PCN(s) is outstanding. The Contract entitles C to damages


AND THE CLAIMANT CLAIMS
1 £165 being the total of the PCN(s) and damages

2 Interest at a rate of 8% per annum pursuant to s 69 of the County Courts Act 1984 from the date hereof at a dally rate
of £0 02 until Judgment or sooner payment

3.Costs and court fees

 

What is the value of the claim? Total £311

 

 

Amount Claimed 226

court fees: 35 

legal rep fees: 50 

Total Amount  311

ClaIimform.pdf

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claimform PDF added for you

 

why does what you typed out from the claimform differ from that on the claimform?

 

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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Apologies, what differs?

 

I have shortened the Particulars and rounded down values (as advised in the template).

 

Any help on this would be greatly appreciated. 

 

I was told earlier in the thread that the pcn was out of date but from reading other posts I don't think that is a water tight defence. 

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i have updated your sticky answer post with the exact poc (minus reg) details as written and also put in the AOS/Defence dates for you.

 

as for if/not the PCN is out or in time, at this stage , and even in your defence, it might not play a part till the WS stage, if the claim goes that far.

 

next step AOS/CPR

 

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.


Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...


You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL 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.

click thru to the end

confirm and exit MCOL.

.

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.

………….
 

 

 

 

 

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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Thank you again for tidying up the post and letting me know the next steps. 

 

I have submitted my AOS response and will send the CPR letter to their solicitors today.

 

What will be the next steps in creating a defence?

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Correct

 

Might be worthy to understand the court process as the claim progresses and read a few 10's of pcn claimform threads

 

Use our enhanced google search box

 

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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  • 2 weeks later...

Hi Dx, 

 

Thank you for your guidance so far! I have sent CPR Letter to their solicitors.

 

I have been taking a read through some of the examples DragonFly has put up earlier in the thread which where fairly helpful.

 

This one was the most relevant I believe as it has an appeal to POPLA:

One question - Should I approach the county court in the same way that DF has wrote to POPLA

 

I am going to continue reading through the forum and hope to submit a defence tonight. Any help would be appreciated!

 

 

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8 minutes ago, JackD13 said:

One question - Should I approach the county court in the same way that DF has wrote to POPLA

about what?
 

the only thing you do toward the court is via mcol and thats AOS then defence by day 33.

 

be careful of old threads.

 

that one is 2017, pop back to the Q&A sticky and scroll down, it gives examples of defences we use today.

the std non descripto 3-5 line ones in many threads too

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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On 07/12/2021 at 19:23, dx100uk said:

we dont need the claimform removed as it was unredacted anyway

 

please complete this:

 

 

 

 

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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Hi,

 

Just a quick question before i submit the defence.

 

Point 1 would be

 

"

The Defendant contends that the particulars of the claim are vague and generic in nature which fails to comply with CPR 16.4.  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.  The Defendant is the recorded keeper of [car]."

 

I was just wondering if this is my admission that i was driving the vehicle? I just want to be clear incase it gets queried further down the line.

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No it admits you are the keeper of the vehicle.  The driver could easily be a completely different person.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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49 minutes ago, JackD13 said:

he Defendant contends that the particulars of the claim are vague and generic in nature which fails to comply with CPR 16.4.  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.

Not sure why you are including the above. It not part of our 3-5 pcn defence.

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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1 hour ago, dx100uk said:

"Not sure why you are including the above. It not part of our 3-5 pcn defence."

 

I just followed the instruction and advice from the below post that you sent through previous:

 

This was the defence template, should this not have been done?

 

Apologies for the confusion, as you probably have already noticed this isn't my area of expertise. I have no knowledge of 3-5 pcn defence. I am soley reliant on your guidance so your patience is appreciated.

 

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use our enhanced google search box.

 

pcn claimform

 

part of the idea of CAG is self empowerment and selfhelp, everything is always here and open for everyone to use and see.

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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