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    • Hi ok thanks for replies. I had trouble finding how to reply on  my phone and don't have a computer, so am at the library which is pathetic and closes at 5pm so hard to get there   Name of the Claimant ? Excel Parking claimants Solicitors: BW Legal   Date of issue – don't have on me but it was in Sept 2018 (previous claim from 2017 resurrected) * Court date is 17th Dec -Next Tue   Date of issue   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   What is the claim for – PCN Not displaying a valid ticket for the private car park 468 Bury New Road, Prestwich I have copied their WS below with map location, signs, etc     **IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION   What is the value of the claim? original ticket was £100 plus additional fees so its at £255   Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Original Excel Parking   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure what this is?     I WILL TRY TO ATTACH THEIR WS - having trouble Do I just scan it in and attach it?   In the mean time my outline defence is:   No locus standi as have not produce a signed contract Under CPR 31.14 that the claim be struck out on the grounds of no locus   *I requested the contract and they did not provide it initially, however in their WS they have produced a signed contract from the pension fund who own the land    I was not the driver of the car. I have no evidence of the driver's identity. This dates back many years (2015) and difficult to remember who could have been driving  *their WS states I only said I was not the driver at a late stage and when filing an amended defence, and appears I developed a defence to avoid liability. I have stated this from the start.  Also that I alleged no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside Also question how I would be able to comment on the signs if not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply? keeper of the vehicle - as the protocols of the POFA have not been followed so no keeper liability created. DVLA data was supplied for the single strict purpose of enquiring who was driving, not for bringing a case against me years later  Signage not a transparent contract insufficient in terms of their distribution  wording and lighting hence incapable of binding the driver, which distinguishes this case from the ParkingEye Ltd v. Beavis case  Sporadic and illegible charge not prominent nor large lettering site/entrance signage breach of the BPA Code of Practice. The entrance sign is on the left side so not the drivers side. The signs have no mention of any debt collection additional charge  The signage was not lit and not transparent contrary to the Unfair Terms in Consumer Contracts Regulations 1999.  The entrance sign refers to the terms and conditions on another sign The signs did not have planning permission under the Town and County planning. I have an email stating there was no planning permission from the council. * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the county court to determine planning permission.   The signs do not fall under deemed consent.    * Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge   THANKS FOR YOUR HELP x   You mention I can get it struck out as they haven't sent me a bundle? They have sent me their WS online, no hard copies but I'd prefer not to go if possible  
    • Redacted and merged to one PDF   Attached is my witness statement and supporting evidence that I am going to give to the court, the court have said they will not even look at it until the day of the hearing, so I am OK to send it to them only a few days before the hearing.    Do you think it is worth me sending this to BW Legal, in the hope they will drop the case before it goes to court? Or am I better not showing my hand to them, so they cannot amend their evidence based on what I have stated?   If anyone would be kind enough to read through my statement and give me their thoughts, that would be very much appreciated.  ilovepdf_merged.pdf
    • Update.   So I received my court date. Any evidence from both sides needs to be sent to the courts and opposing sides 10 days before the court date.  No defense to file so this is where things differ from the rest of the UK. Would bank statements be enough evidence to prove my statue barred case?  
    • Right, I might go through Resolver, it certainly got my banks attention sharpish recently on another matter.   It seems to me that two pairs of the same model of boots failing in succession strengthens my argument so should I start from scratch with both pairs n a single complaint?
    • Why do I need to write this down?   What do AOS and CPR mean?       Note to admins, also, this editor is crap for quoting, how do I go to markdown?
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robinjw

Link/kearns claimform - old barclaycard debt - N244 to lift stay received

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The doc I received was from the CCBC stating Small Claims Mediation Team has arranged for the case it to be transferred to my local court. however, no appointment was given.

 

The 'file will be referred to a procedural judge' who will allocate the claim to track and give management directions' ( whatever that means!) It says if Ive not been sent an appointment then "none was able to be arranged."

 

It just says to await the judges directions, which have not been sent yet. 

 

My local court address is included. This is why its so confusing.

 

The 'solicitors' keep stating Ive received it and ignored it, which is nonsense.

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aha this is what I am eluding too

 

there is NO mediation taking place then.

you must have answered NO to mediation on the N180

or

the fleecers did on their.

 

so thus mediation has bounced it back to Northants bulk

and northants bulk have allocated it to your selected local court 

that court will now write to you with a hearing time

and dates whereby you both must exchange WS's I will assume.


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Hi, no, I definitely made sure to tick the yes to mediation box as directed by you guys here, and it has been mentioned by those chasing the alleged  debt as a route to get me to contact them prior to any court case.

Sorry but whats WS's?

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I thought you'd been researching on cag??

Witness statement

 

Let things run

Await the N157


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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have link or their dogs been sending you emails?

 

dx

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Emails, calls, and letters since they got hold of my details via the court docs. Ive blocked all, but letters always arrive with thick wad of their 'proof' that Im a liar etc.  I hope I can use these threats back at them when the next phase starts. Of course their charges go up each time too for sending some photocopied garbage.

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the court should not be fwding on any court docs on with your other pers details and don't.

the n180 - you sent them a copy,  you did hide you email/sig/phone on kearns copy?


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Yes I deliberately did leave that off of their copy.

 

The 'solicitors' stated on subsequent paperwork that they had sight of the court copy, hence the harassment began again.

Specifically via email and calls, (blocked) and also letters.

 

Now they mention forum posts in every communication too.

Id have to check, but I think they also stated that's where they got my contacts from.

 

I can assure you I have not given them any contact details because I know they can be relentless.

Until the last judge removed the stay and I answered it they were only sending letters and the usual round of numbers they ring from- my phone auto flags them as potential spam ( a truly 'smart' phone!).

 

Is it illegal for them to do that - would the court have made a mistake in allowing contacts to be seen perhaps?

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well make a specific log of all of it 

 

inc blocked calls. even though you obv didn't answer them

time date of each and scan of the letter / email it refs.too

 

there would only have been the n180 with your details and I wouldn't trust anything they say implicating the court

or here

as you know, there is nowhere your details are available from here and they most certainly don't have a spy in the admin camp I can assure you.:lol:

 

sadly nothing unusual for link and their cohorts. as pointed we know them well.

 

should you wish to fwd copies of where they mention this forum please do so via PM unless its what you already sent via PM here around nov 5


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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just ignore them 

just stick to what the court send to you.

 

its all done to intimidate, confuse and unsettle a defendant

 

its a trick all link/kearns staff learned early on from their MD , thats how he got £1m's out of people that most probably didn't even owe it in the first place.

 

so have you received an N157 from your local court yet?

 

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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ok thank you. Ive not received anything from the court yet. I'll wait to respond when they do write. Im keeping copies of all the intimidation methods received.

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you wont need to respond to the N157..

 

other than to

note the date of the hearing

thus 14 days before that date - the date for the exchange of witness statements unless another date is given

note the date the claimant has to pay the fee by - if they don't then the claim could be struck out.

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Ive looked at the N157 online and I have not received anything like that yet.

 

As they are so keen to bring a court case I cant imagine they won't pay the fee ( unless they think the case is dubious?) as they already changed their last solicitor and chased the judge to lift the stay.

They are very aggressive.

 

Would I only be notified from the court when all the dates have past and the next stage is set to continue or if it's been struck out then?

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eh?

you'll get an N157 from the court, when they allocate it to one.

and I suspect this will be well into next year now.

 

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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