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    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
    • Right that's exactly why so many drivers got caught, it had been that way for many years then suddenly changes with no warning
    • The hearing is 25th June, I have downloaded items to different organisations previously but they do it a simple way and I just cross out private things with a felt tip and sent to an email address.  I have looked at the instructions for CAG it seems extremely complicated especially this about having to use a system MSPAINT.EXE that removes your personal information. I am hoping one of my Grandchildren understands things to give me help, I have shown one of my daughters she said she does not understand the instructions. I have a PC and I mainly use a lap top, as previously advised I only understand the straightforward things, sending an email and using my scanner to send a document that I save in a file or send it to an email. I will try and find someone to help me, thanks for your help you have given me so far appreciate it        
    • Yes, it would. Especially as they are supposed to put up extra signs to show that parking restrictions have changed, which of course they won't have done.
    • Right would that be grounds for a dismissal right there then, 90 seconds?! Lookingforinfo - you're getting crossed wires buddy, we're in the hospital thread here, the ICO complaint was my other appeal the Locton estate one   Regards
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NPE ANPR PCN - Norwich , Imperial house, Residential car park


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I run a small man and van business

in September 2017 I was delivering some boxes to a customer from a storage center to a new apartment she was renting in the city centre.

 

On arrival I noticed the National Parking Enforcement sign saying "no waiting and no parking"

 

I called the number on the sign which I have done on many occasions with different companies all over the uk to let them know what I was doing and how long I would be

 

however the number only took me to an automatic payment line so I could not advise them, any way there was 2 of us on the van so we unloaded into the foyer of the building and I drove round the block whist my porter took the boxes to the apartment.

 

my van was stopped for 4 1/2 minutes which included telephoning NPE and unloading

 

I have since had several letters even after I appealed the charge.

I have also told them to take me to court for a fair hearing as the £100 charge Now increased £160 with charges in my opinion is unfair.

 

As the car park at he rear of the building was full and the front of the building is on a very busy main road with bus lanes my only option was to park where i did.

 

I have explained the reasons why I stopped where I did when I appealed however this was disregarded by NPE.

 

Do you think I would win in court as my customer also told me I was ok to unload seems strange that apartments can be rented out and the removal company gets a ticket for actually doing a job.

Edited by dx100uk
ParasSpacing
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Hello and welcome to CAG. What you've had sounds as if it could be standard correspondence, going by the amounts.

 

Could you start by giving us the details from the forum sticky please? It will help us to advise you and I don't think we'll be telling you to pay. :)

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

Best, HB

Illegitimi non carborundum

 

 

 

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Safe to ignore now unless you get a letter of/before claim

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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1: date of infringement 15/09/17

 

2: Date of NTK 20/09/17

 

3: Date Received NTK 22/09/17

 

4: NTK mentions schedule 4 of protection of freedoms act

 

5: photographic evidence

 

6: Appealed (yes) 22/09/17 Response rejecting appeal received on 31/10/17

 

7:National Parking Enforcement IAS

 

8: 3 Letters from Debt Recovery Plus : 2 letters from Zenith Collections : 1 letter from Gladstones Solicitors

 

I hope this helps

 

The location is Norwich , Imperial house, Residential car park

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shame you appealed and ID'd yourself!

 

but post 3 applies

 

will you ever be driving by there to get photos of all the signs?

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 appealed because i thought it would be ok people moving into a residence use removal men with vehicles.

 

I park every where and never have any trouble even traffic wardens in London etc have never stopped me from doing my job.

 

I can go and take photos of signs its only a few miles from where I live.

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no rush

but would be useful

if you ever do appeal again on a private parking ticket

ALWAYS use the term 'the driver' never yourself in the first context

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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Just totally ignore them unless they issue you with a Court Summons. They shouldn't be stupid enough to do that as under their own Code of Conduct they must give you at least 10 minutes to read their notices and find a place to park. Didn't they give you a POPLA number ? Probably not as they know they would get shot down by POPLA.

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...and "no parking no waiting" means they can only, at worst, sue you for trespass - but they'd also need to be the landowner to do that. It won't stop them trying to fleece you out of £160 though. There's no profit in being fair.

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Hi

As it happens, I am going to an ESA assessment on Mountergate this afternoon, just around the corner from Imperial House. I will try and get some pictures from the site in question but don'y hold me to it as ESA assessments tire me out enormously,

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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now 2 things to consider with this,

 

firstly the sigange is prohibitive so not a genuine offer of a contract to park and that menas the charge of £100 is an unlawful penalty.

 

Secondly, the time you were there is less than the 10 minute

MINIMUM grace period so for both of these reasons a court claim against you would fail.

 

As for the matter now being £160, that is just the dca and parking co colluding to rip you off as there is no contractual or legal obligation to pay more than the advertised sum, even if you owed any money. They rely on lies bluff and ignorance to make a dishonest living.

 

There is also a thing called mitigation and your action phoning tem and them not having a proper phone system to deal with this means that you have done all you ca to try and stop a breach ( not that there is one) and they have done nothing so they lose on this point as well

Edited by honeybee13
Paras
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As I said, a few pictures. To get them I had to drive on site so if I get a PCN for the two minutes I spent there, the bovine excrement will hit the rotary air cooler

 

:!:

One image (right by the front) shows that you need to enter to read the terms and conditions but on doing so it states 'No Parking-No waiting' they have trapped you into getting a PCN. There are three different signs (and plenty of them) and I expect that the IAS will ignore the motorist and side with NPE but even then, I would love it if they took court action. (very doubtful though)

imperial house norwich.pdf

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I also recognise that address of the business concerned, you will find a number of other companies listed there to do with parking but they all have one thing in common- none of them actually list the true names of people who control the businesses.

 

Step forward Ashley Cohen and take a bow and whilst you are at it explain why this co, with membership of the IPC rather than your other dodgy firms that for some reason are still BPA members like CEL and why if your business is in hock to a comapny run by someone whose main job appears to be looking after money for people who dont want their names on any companies house documents.

 

Im sure that there is an honest and logical reason for all of this but you just have failed to show one in the last 10 years so conspiracy theorists will assume that you are just hiding money for crooks. I know that what with all your charity work this cant possibly be true. Now where does all that charity money sent to Israel end up? Please dont be shy, you could get a knighthood from Jeremy when he becomes PM

 

So, not a lot to worry about as the signage is pants on many levels

Edited by honeybee13
Paras
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  • 5 years later...

Any update here?  I ask as we have a new user taking on these jokers.

We could do with some help from you.

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Timewarp...

didn't notice the date on posts and thought a couple legendary old users had rejoined the fray!

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

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