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    • Thanks for the welcome Andyorch   dx100uk - I have had 2 previous addresses since coming back to the UK.   Does this mean I should not ignore?   
    • I would be inclined to rip their WS apart. That way, I doubt that VCS would wish to proceed to Court.  In paragraph 5 VCS claim they have full compliance with their Code of Practice for Private Enforcement and Private Land. Really? Can this be the same VCS that was issuing PCNs between 2013 and 2017 knowing that the signage there had not been agreed by Liverpool council and therefore the signage was illegal. Here is an open letter from the Parking Prank   Tuesday, 19 November 2013 An open letter to Simon Renshaw Smith of VCS parking regarding Liverpool John Lennon Airport   19/11/2013 Dear Mr Renshaw Smith,   I wish to draw your attention to the procedural impropriety in your operational activities on the approach roads within Liverpool John Lennon Airport.   You are actively operating under contract to issue civil penalty tickets (PCN’s) for traffic offences on the roads such as stopping at the roadside, whether for seconds, minutes or even longer, or for parking on the roadside verges.   You are doing so based on an allegation of contractual agreement for a breach of parking conditions and are actively sending out a notice to keeper in each case where you ask for the name and address of the driver. You are doing this under the provisions of the Protection of Freedoms Act 2012.   As you are no doubt aware, due to your many years of experience in emptying people’s wallets, where land is governed by byelaws the remedy for any breach of conditions of those byelaws is through the criminal courts, such as a magistrates.   Not only that, since the byelaws set an amount of penalty for failure to comply with them; a further amount based on your own assessment is unlawful at best and perhaps even fraudulent.   A set of the byelaws for the Liverpool Airport have now been obtained from a reliable source, Liverpool City Council,  which sets out the airport’s stance on roadway use, or misuse. It also lays down a penalty upon summary conviction for a breach of the byelaws of £5 for the 1st offence and a further amount of 40 shillings for a continued daily breach.   I put it to you that these byelaws govern the airport’s penalty regime for the alleged contraventions you are enforcing. In fact there is no penalty for stopping at the roadside. There is no offence committed so there can be no penalty unless it can be proven in a magistrate’s court that this action amounted to a failure under para 14: “Driving or placing a vehicle carelessly or dangerously or without due consideration for persons using the airport”   Para 18 gives notice that a “failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by a constable or any person acting on behalf of the council or a traffic sign” will be subject to the penalty regime of the aforementioned £5 plus 40 shillings per day afterwards.   The mention of the traffic signs and the council's part in the overall monitoring means that the signs must be compliant to the TSRGD which are those shown for the public highways; not the ones arbitrarily stuck at the roadside by yourself which are meaningless in the context of the legal status of the byelaws.   Furthermore, POFA 2012 3(1)(c) states that Schedule 4 only applies on land on which the parking of a vehicle is not subject to a statutory control. It further states (3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.   The byelaws state at para 2.19 that the following act is prohibited. The penalty for this is a fine not exceeding five pounds.   POFA 2012 therefore does not apply, and you may therefore only pursue the driver and not the registered keeper. Moreover, you may only pursue them for the sum of five pounds.   Knowingly pursuing the registered keeper when POFA 2012 is an offence which the DVLA take extremely seriously and may ban you from access. The BPA wrote to you in their electronic newsletter this month reiterating this.   I put it to you, Mr Renshaw Smith, that your company is operating unlawfully at the Liverpool Airport site and ask what you intend to do since this has now been brought to your notice.   May I remind you that since this is an unlawful operation, you may well be required at some later time to recompense the amounts of the PCN’s already paid by drivers, and perhaps face tough questions in a court of law, not just a civil court.           Happy Stopping Briefly At the Roadside   The Parking Prankster   The Prankster would like to thank his source for the above   I am sure that you will find other examples of VCS not complying with Code of Conduct or the Law.   And of course VCS do not have the ability to take you to Court because you were a trespasser and only the land owner can take a trespasser to Court.          
    • Yes ...you have it confirmed by the court above that they requested a copy of the Order/Consent on the 2/08/2019....and then requested judgment on 21/08/2019 .
    • blimey J&P   I wonder how many more solicitor firms UAE creditors will try and use as a cheaper alternative to IRDWW and their cohorts that appear to have cost them £1000's in fees for nothing in return.   if this is not a letter of claim  pers i'd ignore them unless you have previous UK addresses since coming to the UK?
    • Thats the idea.....any further flaws with the reconstituted agreement ? They will be able to rely on a recon given that the agreement is post April 2007 but it must be accurate and a true copy of the agreement used from that date.   Andy
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Pearlyj

Backdoor IND/Welcome Finance/ CCJ found after getting an interim third party debt order***Settled***

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Letter to Court and Claimant

 

 

In the XXXXXXX County Court

 

Claimant xxxxxxx

 

Defendant xxxxxxx

 

Claim Number XXXXXXXXX

 

 

Interim Third Party Debt Order dated xxxxxx

 

 

I hereby give notice pursuant to CPR 72.6 (a) not to owe any money to the judgment debtor and request that the hearing dated 25.04.18 be vacated.

 

I hereby give notice that an application to set a side the judgment will be made forthwith pursuant to CPR 13.2 on the basis that the debt was already subject to the statute of limitation pursuant to the provisions of section 5 of the Limitation Act 1980 at the time of issuance of the claim.

 

The claimant is invited to consent to the application and or make it of its own volition and failing to agree or act accordingly costs in the application will requested.

 

 

Signed xxxxxxx

 

Dated xxxxxxxxx


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Hi Andy

 

Thats brilliant, I will get the 2 letters posted off tomorrow and will post back with any updates

 

We will get onto the solicitors ASAP and I will probably need some advice if and when we need to address the other matter

 

Many thanks again for your time and knowledge

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Attach the N84 to the courts copy and retain a copy for your file.


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Will do, thanks again its much appreciated

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Thanks Dx so the request to set aside goes to the solicitor (by phone or letter) when we get their name

 

you ring them and quote as top line of post 15.


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Just to add an update

 

Both letters were posted on Saturday

 

He rang the court bulk centre earlier and there were no solicitors details, just the DCA

 

He called them and requested as per post 15. They said that they found it hard to believe they would have taken it this far if it had been stature barred. He just reiterated what he wanted and left it at that.

 

Is it worth following that request with a letter or should we just wait now to see what happens, if so what is a reasonable time to either get a response from them or for the CCJ to be set aside

 

Many thanks

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Caught with trousers down, they will try it on whether they knew SB or not, they hope you don't know so default at old address ring Northampton and as for the CCJ number and an emailed PDF of Particulars of Claim and Judgment.


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The lady he spoke to couldn't say but said someone would be in touch, he couldn't stay on the line as he is at work

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The lady he spoke to couldn't say but said someone would be in touch, he couldn't stay on the line as he is at work

 

Did you ask CCBC for a copy of their particulars of claim/N1 ?


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Is CCBC the court?

 

He didn't ask for anything but can do so if required

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I have just spoken to him and he said that Northampton told him that all papers have been sent to the court where the third party debt order came from

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then ring them and ask for a copy of the ccj and the claimform by email pdf


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Will do as soon as is possible

 

Many thanks

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Update

 

We have spoken to the court and there is a £10 charge for the information. They have said to e mail them with the request and ask that someone call us to take payment over the phone. they will then forward the requested paperwork

 

I am going to do this now

 

Many thanks

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Well thats frustrating

 

The e mail address she gave me keeps bouncing back and I have tried their general enquiry address too with the same outcome

 

They are of course now closed so I will have to call them again tomorrow

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Update

 

I have today spoken to the court again to request a copy of the paperwork regarding the CCJ

 

They are now saying that they dont have anything other than details that we can see on the credit report

 

Not really sure how to progress now as Northampton said they sent everything they had to the other court

 

Is it essential that we have this copy paperwork as we seem to be going round in circles with this

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Its not essential in your case as long as you have the claim number...the date of judgment....as you will be defending on the the grounds of statute of Limitations....and not actually responding to the claimants particulars as per the N1.

 

 

When your ready to submit the N244...post and I will draft you the order and wording of the application.

 

 

Andy


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OK thanks Andy

 

How long would you suggest we wait before submitting the N244

 

IND didn't say they would or wouldn't set it aside yesterday so we are a bit in limbo with them

 

Many thanks

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Given the time constraints on the TPDO (I assume you have not had a response to your letter?) I think you have to take the initiative and make the application yourself immediately.


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The letter was only delivered today (I checked as it went recorded delivery), its still within the seven days. The court letter was delivered today also

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