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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 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?)
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Motorway temp speed limit - unclear photgraphs

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I received an NIP for "speeding" on the motorway in a speed restricted area.

The signage was very unclear and when I sped up it was because I thought the speed restricted zone had ended as there was no signage to suggest otherwise and other motorists sped up too making it unsafe for me to continue at the restricted speed.

I was recorded as going 9 miles over the speed limit

 

when I called to ask about this they told me that it was an average taken from when I entered the zone and when I left.

Does anybody know anything about how they work this out?

And how I could challenge this?

 

The Police have sent me photographic evidence of my car but the photos do not show the context and thus you can't see that there were no signs around telling drivers to maintain the restricted speed.

 

Is there a requirement to provide photographic evidence of the context?

Can I do a freedom of information request?

 

Many thanks!

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How was the signage unclear?

You were in a temp speed limit,

Now ill take this as a maintenance zone or a temp restriction from overhead signage displaying 50mph.

So at what point did you pass a national speed limit sign ?

You sped up because cars around you did and it was unsafe???

Poppycock.

 

Wagons are restricted to 56, some even 52 mph

 

Your looking for an excuse to get off a speeding ticket when you've made a large error in judgment.

Not obeying speed limit signs.

 

Edit

There are huge signs before an average zone saying just that.

 

AVERAGE SPEED CHECK

And they have repeater signs of the actual limit

 

Average speed limit zones are the average speed between two or more points. They know the time it takes between the points at the speed limit so anything faster means your speeding.

 

So if at 50mph speed limit it takes 2 mins to get from check point A to check point B and you do it in 1min 30, your speeding.

Time over distance equals speed I think it is.

 

If you feel you can challenge the laws of physics then appeal and take it to court.

If not id hope for a speed awareness course at best, 3 points and £100 quid lighter at worst

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Thanks for your reply sgtbush.

 

Could you clarify for me that the law is that you must travel at the temporary restricted speed (in this case 50mph) until you see a sign with the national speed limit of 70 mph?

 

In this case the speed restriction took place within 6.2 miles,

there was no signage upon the exit to say that the temporary speed limit was lifted.

I travel along this particular route fairly often and was able to check the next time I drove along this stretch of motorway.

 

I mentioned going at the speed of the other drivers only because I was once pulled over for driving too slowly and the PC told me that I should maintain the speed of the other drivers in order to be safe.

I have used this as a rule of thumb ever since, but I take your point.

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I was recorded as going 9 miles over the speed limit and when I called to ask about this they told me that it was an average taken from when I entered the zone and when I left. Does anybody know anything about how they work this out? And how I could challenge this?

 

An average speed is calculated between 2 known fixed points. Speed = time over distance.

 

SPECS (average speed) cameras are placed a known (measured) distance apart and have a fixed focal point, so that it is known (within a few cm) where on the road surface the camera is 'reading' a vehicle number plate. At the point of the 'read' a clock is started.

When a camera further along the road, again focused on a known fixed point 'reads' the number plate, the clock is stopped.

 

As an example, If the camera focal points are 500M apart and the speed limit is 50mph, it must take 22.36 seconds to travel from point 1 to point 2. If it takes longer than that, the vehicle was travelling below the speed limit, it it takes less time than that, the vehicle was travelling above the speed limit.

 

Now, bearing in mind the guidance as regards speeding, in a 50mph area you'd (probably) get away with 55mph, so the time is reduced to 20.33 seconds. Do it in 20.32 seconds or less and you're going to be getting a ticket.

 

As for how you can challenge it. That's easy. All you have to do is prove that physics is wrong! Good luck :thumb:


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Average speed check zones are common place.

You dont have to travel at the restricted speed as you state. You can go slower.

Its a limit not a target.

If the limit on the road is 50, you do a maximum of 50.

If you pass a sign saying 30, you do up to 30. Likewise if your in a 50 and you pass a national speed limit sign you can do up to 70 on a duel carriage way or 60 normal road. (asuming your in a car)

 

There does not have to be a sign saying end of average speed check area. You shouldn't be doing over Te posted limit anyways.

 

The constable is wrong.

The only time you can be done for going too slowly is on a motorway.

I believe you must do at least 40mph if memory serves.

Unless your escorted by a separate vehicle with the relevant warning signs and flashing lights.

 

Remember speed limits are just that. A limit, not a target

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The constable is wrong.

The only time you can be done for going too slowly is on a motorway.

I believe you must do at least 40mph if memory serves.

Unless your escorted by a separate vehicle with the relevant warning signs and flashing lights.

 

There are no minimum speed "limits" on the UK road network save in a few places. The Dartford tunnel is one which has a minimum speed of 30mph IIRC. Minimum speed areas are signposted with a blue sign showing the speed limit, and the end of the zones with a blue sign showing the speed limit with a red diagonal line through it.

 

Driving too slowly on any road is likely to get you stopped and asked why, and may see you charged with driving without due care, but for 99% of roads there is no actual minimum speed.


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PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

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arguing you didnt see the signs may well get you clobbered for driving without due care and attention or careless driving.

 

as an aside, you can be done fro driving too slowly, again it is careless driving so doing 30mph on a motorway in normal driving conditions may well get you 3 points. The threshold for careless driving was changed about 3 years ago partly to deal with old people driving within the speed limits but very badly.

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An Average Speed Check is just that, you must maintain an average speed not above the posted limit until you are told otherwise, i.e: by a NSL sign or other speed limit sign.

 

You are within your rights to travel at upto 70mph, not withstanding other speed limits or cameras in force, but you must ensure your average over the measured distance is not above the posted average limit.

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