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    • Sorry dx100uk   I have uploaded via the site now, I had trouble uploading it to the site before
    • Well I really don't know where to begin with this. I've spent hours trying to figure out what to put but it seems that every witness statement is different depending on the exact circumstances. I know that I shouldn't put all my cards on the table but I don't know which ones to hold back and which ones to get rid of altogether.   This is what I have so far...   I, XXX of XXX am the Defendant in this case. I make this statement in support of my defence again the Claimant, Civil Enforcement Ltd.   1.       CEL make it impossible for defendants to discuss PCNs with them or their representatives:              A.       On the 26th Nov 2018 I received an unexpected PCN from CEL. I immediately went onto their “Contact Us” page, which stated that operators are available to speak to during normal working hours (see appendix 1 - THIS IS JUST A COPY OF THEIR CONTACT US PAGE). I tried calling numerous times to discuss the matter but regardless of what time of day I called there was no option to speak to an operator, only an automated system to pay.              B.       When I received a debt collection notice from ZZPS (see appendix 2 - COPY OF LETTER) the letter instructed me to call them on 01932918916.                      14th Mar 2019 - I tried calling several times and have a call recording I can play for the court to show that it was impossible to speak to anyone. Instead I was played the following automated message: “The party’s call minder belonging to 01473478289 is full and can’t accept any more messages. Please try again later. Goodbye.” The call then hangs up.                     19th Mar 2019 - I tried again at several times throughout the day and this time a message played thanking me for calling ZZPS and asked me to hold. It then rang for 2 minutes before repeating the same message. This happened over and over again. I have two recording that I can play for the court showing this to be true, one that lasted 9 minutes and the other for 10 minutes before each time giving up.            It appears that there is some unreliable call routing in place meaning that I had no way of contacting CEL or ZZPS as they both advise.   2.       CEL failed to produce any of the documentation I requested in writing, which obstructed me from making a decision on how to proceed with this case:             A.       On the 3rd Dec 2018 I completed CEL’s online Appeals Form (see appendix 3 for a saved copy of the submitted form - ATTACHED TO THIS POST). CEL responded (see appendix 4) but failed to answer any question, stating that GDPR prevented them from doing so.             B.       On the 14th Aug 2019 I sent them a CPR 31.14 Request letter (see appendix 5). CEL did not respond.   3.       According to Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, only signage older than 10 years is deemed as having consent granted.   CEL has changed its signage 3 times within the last 10 years, which can be clearly seen from Google Street mapping images:            A.       2018 – Present: Signage stating 1hr free parking (appendix 6a)            B.       2012 – 2017: Signage stating 3hr free parking (appendix 6b)            C.       2008 – 2012: Signage stating 2hr free parking (appendix 6c)   CEL’s current signage was installed at some point during 2018 but according to Stockport Council’s online planning applications search system no planning permission was granted. I believe the signage has therefore been erected illegally, which makes it impossible to enter into a contract with them.   4.       CEL has also added legal costs to their claim, which is not recoverable within the Small Claims Court.   I believe that the following facts stated in this Witness Statement are true.   Have I made a complete balls-up of this or am I going in the right direction? I thought it might work in my favour if I try to show the judge that I made every reasonable effort to resolve this without going to court but CEL purposely make appeals as difficult as possible. Perhaps none of that matters. Not sure. 🤔 Appeal Text.pdf
    • images/posts removed . please do not post jpg picture images directly to a post . read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only . that way only logged-in,registered and approved caggers are the only ones that can download and see them . else anyone can see them caggers or not. dx     dx    
    • This will be ok for you to offer the final 1 month's fee you should have paid :-   Dear Harlands,   I refer to my membership at [town/city] gym.   The DD mandate was cancelled after the June 2019 payment was made and this was notice of my intent to cancel the gym membership.   I now realise I should have left the DD Mandate open to pay a final month's fee for the notice period.   Please confirm your bank payment details and a reference so I can pay you the £xx.xx to end this matter. I will not pay any admin fees added by Harlands. I will only deal with this matter in writing, not by phone.   My offer is valid for 14 days only and will be withdrawn if you demand any higher amount.   Yours sincerely,
    • seems like your payment issue is not just your error      
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pixelhouse

VCS Claimform - No Stopping PCN - Liverpool Airport

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Hey guys.

So it's been almost 2 weeks now, should I have heard anything back from them by now?

When do you think I should lodge my defence?

Thanks :)

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by day 33


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you wont hear back because they know that to answer will doom their claim to failure at the outset.

 

What you do is include the failure to show any authority or cause of action via a response to this request as a reason for dismissing the claim as being without merit regardless of the rest of your defence.

 

This sometimes happens and sometimes they are instructed to supply the court with the details of what exactly makes then think they have a claim.

 

As you are obliged to send your defence to the climants as well as court

you dont want to send it too early or they will be getting busy on photoshop to create evidence that isnt there but fits in to have a pop at your defence.

 

usual type of thing is different signage that doesnt really exist and so on.

Edited by honeybee13
Paras

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Hi guys,

 

I filed my Acknowledgement of Service on 2nd Feb, 28 days from then is the Friday 2nd March .. a week away.

 

I want to get prepared to send my defence,

 

is there a template I need to follow as before with the CPR31.14?

 

If I have to send it to the claimant it'll be by post so should I post it around the 26/27 Feb?

 

Thanks for you help :)

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At this stage all you need is a couple of bullet points and then you can go into greater detail if need be when the time comes so somehting like

 

1. No keeper liability as this is not "relevant land" under the POFA 2012 and the defendant puts it to strict proof that VCA show as to who the driver was at the time.

 

2. No contract was ever offered by VCS, the land is subject to its own byelaws and in any case the signage is prohibitive so there can be no monies due as a result of either an contractual charge or as a result of a breach of contract.

 

3 The claimant has not shown locus standi in this matter.

 

That covers about everything, with the last point we know they have a contract with the landowner but that isnt worth a light as the byelaws are supreme

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your defence is due by 4pm TOMORROW!

 

you do not have to serve it on the claimant only MCOL.

 

is it working again yet?


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your defence is due by 4pm TOMORROW!

 

you do not have to serve it on the claimant only MCOL.

 

is it working again yet?

 

Hi,

 

I emailed them the other day and I got this back:

 

Please be advised that you have 28 days from the date of service (1 February 2018) to file your defence.

 

Do you still think I should send the defense today?

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Hi,

 

I emailed them the other day and I got this back:

 

Please be advised that you have 28 days from the date of service (1 February 2018) to file your defence.

 

Do you still think I should send the defense today?

 

Who did you email and where does the 1 Feb come from?

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The claim was issued 22 JAN 2018...you have 33 days in total ...22nd Jan being day 1...you must submit your defence today the last day by 4.00pm.

 

 

Andy


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And they are correct the claim is deemed served after 5 days

5+28 is?


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Hey guys, so I've just received a Notice of Proposed Allocation to the Small Claims Track.

Do you think I should agree to this process or reject it?

I don't see any harm in it but I'm no expert, I'm not sure how mediation would be of any use though .. confused :???:

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in PPC Cases you refuse mediation

 

no to mediation

1 wit you

the rest is obv

 

3 copies

I to the court

1 to VCS [omit sig/email/phone]

1 for your file


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Looks like they're desperate to lose some money. They clearly have too much of it and it's clogging up their bank account :lol:

 

Don't forget though that VCS can pull out right up until the court door. So perhaps might think better of it once they have sight of your WS (not yet).

 

Have you submitted your DQ?


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You dont have to tick the box for mediation, I suspect that they are hoping you agree and then furhter agree to pay them something , anything so they limits their losses on this.

 

Theywill have to travel to your local court so even ticking the box and asking for it to be heard at Sheffield is just a wish on their part rather than a likely expectation.

 

They will also have to pay the allocation fee ( companies issuing loads of claims via the bulk centre at Northampton only pay £25 up front and the rest when it gets this far) so keep an eye on the calendar

 

the day after they are oblided to stump up the money you get onto court by fax and ask that the claim is booted out for the non payment of the fee.

 

The court people will probably remind VCS it is due and give them another week or so even though as serial offenders they dont deserve this leeway but it will let them know that you are after them now.

Edited by honeybee13
Paras

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hidden attachments you must remove ref numbers.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Looks like they want to lose some more money then. The bank account must be full and they're trying to make room :lol:


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have you a hearing date yet?


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Last contact I had from MCOL was on the 10/03/18 saying that it had been transferred to the County Court Hearing Centre for allocation.

They want it in Sheffield and obviously I've asked for it my local town.

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It'll be your local court not theirs. I'd almost guarantee that :thumb:


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the default is always YOUR local court unless you want it elsewhere for a sensible reason such as near to work or disabled access.

 

A company will almost never get the hearing moved for any reason even though these bandits try and try again.

 

It is just another method of trying to intimidate you rather than a need on their part, they always sned a hired gun anyway

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