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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Idem now Arrows/Shoos Claimform - old MBNA card debt stayed in 2016- now backdoor summary judgement!!


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Urm.so how did they manage to get a backdoor SJ without the court writing and telling you they were attempting one...

 

Think you might be ringing leeds 1st thing Tuesdays.

 

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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  • dx100uk changed the title to Arrows/Shoos Claimform - old MBNA card debt - now backdoor summary judgement!!

Also worthy to note

Last payment was 2012

Claim was stayed 2016!!

 

Going for an sj after 6 and 10yrs respectively.

 

Something very wrong here

 

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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  • dx100uk changed the title to Idem now Arrows/Shoos Claimform - old MBNA card debt stayed in 2016- now backdoor summary judgement!!

thanks for the advice , anything in particular l should mention in call ? apart from explaining whats happened 

 

i definitely did not receive a letter from the court regarding a hearing and i didnt receive any calls on the day which was the 16th of august as they said they attempted to contact me i have taken a screen shot from my mobile phone for that day , i have had the same mobile number for 28years 

 

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Update - I have spoken to Leeds CC 

The girl on the phone was helpful but didn't give too much away

 

i questioned why i had not received a letter informing me of the hearing and she couldn't really tell me .

Also questioned about the phone calls and she said they didn't have a number on record for me and suggested they may have relied on a number given by the claimant.

 

I expressed how annoyed i was that a judgement had been passed in my absence without me knowing of the hearing and she said i should apply to have it set aside using N244 .

 

I have completed this can someone read the witness statement (attached)  and let me know if i should include anything else 

 

Also before i fork out the £275 fee what is the likelihood of me being successful ? in getting it set aside Witness statement .pdf 

 

anyone got any advice please ? 

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the court should be answering where the hearing notification letter was sent too , if they sent it to the wrong address when they knew the correct one or whatever and its THEIR MISTAKE, the SJ should be reversed.

 

ring again. ask those questions please.

 

you also need to be pointing out that the original claim had been stayed for more than 6yrs, that means its subject to the statute of limitation and the SJ was OUT OF TIME.

 

you also need to pointout the debt was last paid in 2012 10 YEARS AGO!!

 

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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Share on other sites

  • 3 months later...

Good Evening 

I paid the £275 to Leeds CC to get the judgement set aside in view of the lack of notification.

Have now received paperwork from Birmingham CC my local court for a hearing on XX/02/2023 

The hearing is via BT meet me and its a hearing "of the defendants application for judgement to be set aside" .

 

Any tips on what paperwork i should submit i have been given a "joint hearing bundle index " form to complete and submit 7 days prior to the hearing 

 

 

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Plenty of like threads here with what needs to be in your short statement.

 

It's only a very short <20mins hearing.

 

The rest is for the full hearing if you win (you will easy) getting the set aside .

 

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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  • 4 weeks later...

Good Afternoon 

 

i have received the attached letter from DrysdenFairfax, please can someone have a look at it please 

I have not responded to the court yet for the hearing to be set aside ,i am within the timescales ,hearing is 17.2.2023 

They say they wrote to me with details of the hearing but i dint receive anything and definitely nothing for the court ,Leeds CC acknowledge they didnt write to me  

Any advice would be much appreciated 

 

Drysden 15 01 2023 noinfo.pdf

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ignore it.

 

 

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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Share on other sites

  • 2 weeks later...

No its only a15 min ish hearing typically.

Just looking to see if you meet the basic criteria , and if you do it will be granted.

On 21/12/2022 at 21:17, dx100uk said:

Plenty of like threads here with what needs to be in your short statement.

 

It's only a very short <20mins hearing.

 

The rest is for the full hearing if you win (you will easy) getting the set aside .

 

Dx

As i said before

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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But this is in response to the claimant having Summary Judgment in which you failed to respond not a default judgment without your knowledge so the hearing could be more intense and look at the full details of the claim.

 

Did you submit a basic defence/statement with your application?

We could do with some help from you.

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  • 2 weeks later...

hi 

 

Yes i did submit a basic statement (uploaded) to leeds cc 

The paperwork says "The hearing of the defendants application for judgement to be set aside -

45 minutes have been allocated for the hearing 

 

you have put some doubt in my mind if this is a full hearing or noe 

Witness statement .pdf

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Okay thanks, so after looking at your topic again it appears that there was an application to lift the stay and request summary judgment made by the claimant in July 2018 in which I advised you to oppose the application and submit a response, they state in their letter dated 4th Aug 2022 that you were served a copy of the application.

 

You then disappeared from the forum with no response until Aug 2022 informing us that the claim had been " struck out "?  You didn't upload any documents as to the reason it was struck out. You updated your topic with copies of the claim had been assigned a new claim number and later Notice of Judgment.

 

You state that you were never informed of the hearing by telephone by the court as per post#30 above.

 

Perhaps you could clarify why you said it was struck out?

 

 

 

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

If you want advice on your Topic please PM me a link to your thread

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 In aug 22 i never received a copy of the application and didnt receive anything from the court , i spoke to Leeds CC about this and the clerk wasnt able to tell me where the letter had been sent.

The claim was stayed in Northampton CC in 2016 

Correct Leeds CC failed to inform me a hearing was taking place and on the date of the hearing they tried to phone me but i didnt have any missed calls  

 

I will prepare to defend on the hearing in a couple of weeks as i feel its more that a set aside hearing .

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  • 3 months later...

open

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Hi 

Just an update and hopefully finally closure .

Had a court hearing and the judge set aside the judgment based on discrepancies in the paperwork relating to account numbers and  incomplete credit agreement .

she also queried with the claimant about the timescales and delays ,so fingers crossed unless they have some other evidence to back up the claim that may be the end of it 

Thanks for the help and i will donate when i get paid  

 

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