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    • 1 Date of the infringement 31 March 2024   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 8 April 2024   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received 15 April 2024   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Y   5 Is there any photographic evidence of the event? Y   6 Have you appealed? [Y/N?] post up your appeal] Y   Have you had a response? [Y/N?] post it up Y   7 Who is the parking company? Horizon   8. Where exactly [carpark name and town] Iceland Chester   For either option, does it say which appeals body they operate under. Horizon parking Horizon Iceland Chester.pdf
    • Part of a settlement agreement.   concerbs over her nane online we’re raised and I was blamed for bad mouthing. I explained I put nothing up myself.  cannot discuss details of the case as per agreement.  
    • The sticky thread is locked because it's just a template thread. We need to see the invoice you're disputing. And for you to answer the questions below (I'm guessing this is an ANPR capture, the vast majority of tickets are) -   For PCN's received through the post [ANPR camera capture] (must be received within 14 days from the Incident)   Please answer the following questions.   1 Date of the infringement Give answer here   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Give answer here   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received Give answer here   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Give answer here   5 Is there any photographic evidence of the event? Give answer here   6 Have you appealed? [Y/N?] post up your appeal] Give answer here   Have you had a response? [Y/N?] post it up Give answer here   7 Who is the parking company? Give answer here   8. Where exactly [carpark name and town] Give answer here   For either option, does it say which appeals body they operate under. Give answer here   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   If you have received any other correspondence, please mention it here   Copy the windscreen or ANPR section to your thread and answer the questions... …….... In either case scan up both sides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY
    • Perfect, thanks Dave.   You're right, a whole dodo storm this has been. As sons of first-generation immigrant parents, whenever something like this happens the old man panics. There was a whole "appeal this now" because my dad paid for the parking as he was with the hirer at the time and he isn't as tech-savvy as my brother so he ended up doing what he did and because I don't live there anymore it came all the way down to this.  But yes, we'll do this SAR and see what comes of it.  Will keep posting here with the hopes that it may benefit someone in the future.  Thanks again, everyone. 
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    • We have finally managed to obtain the transcript of this case.

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Lowell/BW Claimform- Vanquis Card - poss SBd***Claim Dismissed***


Martyn1984
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Have you not already got the court documentation...Notice of Allocation (N157) ?

We could do with some help from you.

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Unusual that the claim has not been transferred to your local county court...check with MCOL Northampton and inform them you have not received Notice of Allocation (N157).

 

They obviously received your DQ otherwise mediation would not have contacted you.

 

Andy

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Lets see what response you get from Northampton first...hopefully there has not been an error.

We could do with some help from you.

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She’s spoken to the court who didn’t actually know what was happening? Nothing further has happened since we said no to the mediation.

 

Been told they are going to look into it and call us back. At least we haven’t missed any documentation or important dates.

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as for all they've sent

as post 39.

and post 50 defence...

 

last payment by their records 28-02-2012 - hung by their own paperwork...claim date ...6th March 2018 .....statute barred

does matter what else they've sent doesn't undo SB..nothing can!!

 

await your notice of court date

 

the SB witness statement time.

 

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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  • 3 weeks later...

Received the notice of allocation to the small claims track requesting witness statements and copies of documentation.

 

The letter doesn’t have a court date it states we have until 25th December at 4pm (of all days!) to provide WS and documents and once received a notice will be sent with date and time of hearing.

 

I’ve had a look about and to be honest I’m a little lost with writing the WS, as it’s statute barred what am I meant to put in a witness statement bearing in mind I don’t really have any documentation.

 

I only have copies of the PAP I returned and Royal Mail signed for receipt to prove it was signed for, same for the CPR request, they never replied to either. I have a copy of the statement with the last payment that they provided, is it worth showing that?

 

Many thanks.

 

I've had a go.... is either of these ok? I can provide copies of the signed for receipts if need be?

 

Claim No

Claimant Reference number :

Between :

And :

Witness Name and address:

 

OPTION 1

 

1. I, *** am the defendant in this claim.

 

2. I believe the alleged debt is statute barred under the provisions of the limitations act 1980 prior to the claim being issued

 

3. No payments or written acknowledgement have been made to the alleged debt since February 2012

 

4. It is my contention that the claimant must provide unequivocal proof that the debt it not statute barred.

 

OPTION 2

 

 

1. I, **** am the defendant in this claim.

 

2. I believe the alleged debt is statute barred under the provisions of the limitations act 1980 prior to the claim being issued

 

3. No payments or written acknowledgement have been made to the alleged debt since February 2012

 

4. It is my contention that the claimant must provide unequivocal proof that the debt it not statute barred.

 

5. On 24 January 2018 I received a Pre Application Protocol

 

6. I returned the completed Pre Application Protocol requesting further information; this was signed for on 18th February 2018. No response has been received and I would like the court to take this into consideration as the claimant failed to fully comply with Pre Application Protocol rules and initiated a claim within the time limits.

 

7. CCA request sent to claimant and was signed for on 19th February 2018; to date no response has been received.

 

8. CPR 31.14 request sent to BW Legal, this was signed for on 12th March 2018; to date no response has been received.

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Option 2...requires " a statement of truth "

 

Attach your evidence (receipts/CPR/CCA requests) and add " see exhibit 1/2/etc etc after points 7 & 8

 

I would also add a point 9.

 

9.It is therefore for the aforesaid reasons that the claim is denied and respectfully request the court strike out this claim.

 

Andy

We could do with some help from you.

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Either...and yes you can include a copy of the PaP .

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 OTHER

 

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Submit the courts on time.....hold the sols copy until you receive theirs

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 OTHER

 

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  • 3 weeks later...

Received the copy of BW Legal WS today...

 

Claiming that the default date is the cause of action and as that was 8th June its not SB'd...... we haven't replied to them or given any reason why payments were not made blah blah and ask the court to strike out our defence.

 

What now? Do we just wait for the court to send us the date and go and see what happens?

 

I’ve attached the WS received...

 

It also has all the documentation on the attachment on POST 75 but I didn't want to re upload it as our internet takes a long time to upload.

 

The final page we certainly never received and also, why did it take them from 19th Feb when they signed for the PAP to reply on the 16th March claiming the account was on hold... after they initiated the claim...? odd

BW Legal WS.pdf

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Oh well they won't win on that rubbish

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 month later...

If you have followed the directions you were given in your Notice of Allocation....then your all prepared...obviously you take all your documents to the hearing.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 2 weeks later...

So today was court day...

 

We arrived, rent a solicitor arrived he asked to speak to us. Basically he wanted to make a settlement... for the full value, err no thanks. He tried to use some BMW legal case to say using the default date is correct and that the case wasn't SB.

 

So we went into the court room, the judge absolutely tore Lowell’s to shreds, she wasn't happy with them generally for their lack of paperwork and pointed out they hadn't produced a notice of assignment section 136. Solicitor was nearly begging her for an adjournment, she refused saying time after time she has told Lowell they should be producing the correct documents.

 

The solicitor even tried to say that WE hadn't disputed the fact there wasn't one! The judge was not impressed with that... she didn't even get to our defence or the question over it being SB...CASE DISMISSED

 

MANY THANKS to all who has helped on here couldn't have done this without the help on this site!

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:becky: Decent District Judge......well done..thread title updated.

 

Regards

 

Andy

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 OTHER

 

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Martyn1984 said:

So today was court day...

 

We arrived, rent a solicitor arrived he asked to speak to us. Basically he wanted to make a settlement... for the full value, err no thanks. He tried to use some BMW legal case to say using the default date is correct and that the case wasn't SB.

 

So we went into the court room, the judge absolutely tore Lowell’s to shreds, she wasn't happy with them generally for their lack of paperwork and pointed out they hadn't produced a notice of assignment section 136. Solicitor was nearly begging her for an adjournment, she refused saying time after time she has told Lowell they should be producing the correct documents.

 

The solicitor even tried to say that WE hadn't disputed the fact there wasn't one! The judge was not impressed with that... she didn't even get to our defence or the question over it being SB...CASE DISMISSED

 

MANY THANKS to all who has helped on here couldn't have done this without the help on this site!

 

Yes well done, the no documents defence is a killer for them. :)

 

Be interested to see whatnowblockquotelwidgetblockquotelockquote widget

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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great result well done CAG.

 

 

please consider a donation to keep us here helping if not already made

 

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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