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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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CEL ANPR PCN Claimform - overstay - Portwood Court, Garfield street, Stockport, SK1 2ED.


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Right I have filled in the CP 31.14 request and am en route to the post office to send it recorded delivery and have specified in the letter my change of address.

 

When do I submit my defence ?

Edited by benny46
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bottom of post 48

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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Thank you dx100uk and of course ericsbrother, so now onto what I base my defence on, will it be purely on the signage or the fact that the terms changed from 3 hours to 1 hour just days before I parked there after many years of using the car park?

I leave the UK again on 28th July until October so would like to get my defence sorted by then in case I need any pictures from the car park.

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you have pictures already

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

you cant blame the parking co for your own stupidity so you stick to the facts as they were on the day and that is no contract formed between you and CEL to break so cant owe them money for the same.

If yu want to say that the POC fail to satisfy the conditions of CPR 16.2 and explain why and ask for the claim to be dismissed without a hearing under CPR 3.2 than put this as well but before you submit this show us your draft as we need to knwo you actually understand things

 

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Thank you Eric's brother, I sent a defence in on Sunday morning as I will not have access to a laptop until 10th August, only my mobile phone.

I

put as my defence that there was no wording of a contract on the sign, only the offer of free parking,

also I was parked on Garfield court not Portwood court and that I could find no evidence that the company had planning permission for the signs,

best I could do at the time,

 

I hope it is sufficient.

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  • 4 weeks later...

and

 

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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I don't know dx100uk, I've just been on the moneyclaim site and found this,

Your defence was received on 29/07/2019 at 01:06:14

DQ sent to you on 28/08/2019

DQ filed by claimant on 28/08/2019

I haven't received any letters neither in Saudi or the UK.

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dq sent today

give it time!!

 

 

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

The N1 was served at my UK address if that was the original letter saying they were taking me to court, when I went on the money serve site I specified my Saudi address and also requested that CP 31.14 to be sent to my Saudi address, as yet I have received nothing either here or in the UK.

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then keep an eye on the online dashboard and as soon as they are a day late in submitting their paperwork you ask for the claim to be chucked out but at the moment all you need to do is keep an eye on any deadlines yu need to keep. It wil show up that for example a N180 allocation questionnaire has been sent. You can retrun by email but I would use both post  aswell as email

Edited by ericsbrother
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  • 1 month later...

I have checked the money claim site and it now states " General sanctions order was made on 29/09/2019", I have still not received any other info in writing other than an email from their Solicitor with my access request information.

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  • 3 weeks later...

OK, I have not received any papers at either my wifes UK address or my Saudi Address but on money claim it now says the following,  (Your defence was rejected on 29/10/2019) and

( Defence was struck out on 29/10/2019) what does this mean and what do I do next?

 

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did you not send an N180 then?

 

 

 

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 hours ago, dx100uk said:

did you not send an N180 then?

 

 

 

 

Wont get an N180 if the defence has been struck out....he will get a CCJ though unless this is sorted ...pronto.

 

Andy

We could do with some help from you.

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no I meant where his no response to the N180 at the right time....., most probably caused the strike out.

 

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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Ah yes...."  General sanctions order was made on 29/09/2019", "

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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Does anyone know how I can get the phone number of the court,

I can't find it on the website,

 

also it states that a DQ was sent to me on the 28/08/2019 but I have not received anything either nor in the UK,

 

also another thing, I leave Saudi Arabia tonight for the UK as I haven't renewed my contract so will be living back in the UK as from tomorrow.

 

A claim was issued against you on 17/07/2019

 

Your acknowledgment of service was submitted on 25/07/2019 at 18:08:30

 

Your acknowledgment of service was received on 26/07/2019 at 08:05:25

 

Your defence was submitted on 28/07/2019 at 11:37:43

 

Your defence was received on 29/07/2019 at 01:06:14

 

DQ sent to you on 28/08/2019

DQ filed by claimant on 28/08/2019

General sanctions order was made on 29/09/2019

Your defence was rejected on 29/10/2019

Defence was struck out on 29/10/2019

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