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    • Done.   I wont be able to send the SAR until the end of the month for TT as I wont get paid until then and I'm a little out of pocket as its my first month working after a spell of no work. Wil that be an issue?
    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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  • Recommended Topics

UKCPM/Gladstones PCN Claimform - Reflections - Old Church rd Romford Esx RM7 0BD **STRUCK OUT**


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Dear all,

I wonder if anyone could help me please.

 

I received a letter from Gladstones Solicitors for a parking charge that was apparently dished out last year (16/04/2017).

 

They recently sent a letter before claim but the letter was not even signed and did not include any evidence of their claim, this being the case I just ignored it thinking they were taking the mick.

 

I have now just received a Claim form from the County court business centre.

 

To be fair it looks like a document someone created on their PC and photocopied... again unsigned by a Kirsty Ann Jenkinson.

 

The form is addressed to the keeper of the vehicle who has never visited the site at any time in their entire life.

 

They are claiming that £248.69 is owed.

 

I think this is ridiculous and feel like I should report them to the Police for attempting to gain funds via deception.

 

Is anyone able to offer any assistance please??

 

I'm not sure what I should do and I do not want the keeper of the vehicle to be held liable for a charge that is blatantly undue.

 

As far as I am aware, no contract has been made because the keeper has never visited the place where they claim the parking charge was issued.

 

It says "The driver of the vehicle xxxx xxx incurred the parking charge for breaching the terms of parking on the land. The defendant was driving the vehicle and/or is the Keeper of the vehicle.

 

I'm not sure what to do...

 

I would appreciate any assistance that could be offered.

 

Thank you kindly in advance,

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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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its only a copy and paste jobbie of the q's to here and answering them....

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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Without naming anyone. Whilst you say that the keeper has never been there, has the vehicle itself been there? Or could this be a case of someone/something at the PPC misreading a registration number?

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Ah great :)

 

Name of Claimant : UK CAR PARK MANAGEMENT LIMITED

 

Claimants Solicitors : Gladstones Solicitors Limited

 

Date of Issue 11 June 2018

 

Particulars of claim :

 

 

1.The driver of the vehicle registration XXXX XXX (the 'Vehicle') incurred the parking charge(s) on 16/07/2018 for breaching the terms of parking on the land at Reflections - Old Church road Romford Essex RM7 0BD

2.The defendant was driving the Vehicle and/or is the keeper of the vehicle.

 

3.AND THE CLAIMANT CLAIMS

£160 for Parking Charges / Damages and indemnity costs if applicable, together with the interest of £13.69 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgement at £0.04 per day.

 

The value of the claim is : Amount claimed £173.69

Court fee £25

Legal representative's cost £50

Total amount £248.69

 

I believe the claim has been issued by the Private parking company.

 

I have not received a Notice of Assignment.

 

Thank you kindly for your assistance!!

 

I would however note that the keeper of the vehicle has never in her whole life attended this address, they have not sent any evidence to show or support their claim and that this was apparently for something that occurred over a year a go and she has no recollection of this.

 

So I should now acknowledge service of the claim as instructed??

 

Kind regards,

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

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.

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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If they follow the protocols of the POFA they dont ahve to show that the keepr has done anything other than be respionsible for the car at the time. Now, the chances are they have got thier original paperwork wrong but as you dont ahve it we cant be certain.

 

 

So, yes acknowledge the claim and then you have another 3 weeks to submit a skeleton defence. That could include something about a lack of evidence of a cause for action but you should send Gladdys a CPR 31.14 request for documents now so you can include their lack of response in the defence. The template CPR 31.14 can be found in many threads, just tweak it to name you parking co and ask for their paperwork if it was never received.

 

 

I would however note that the keeper of the vehicle has never in her whole life attended this address, they have not sent any evidence to show or support their claim and that this was apparently for something that occurred over a year a go and she has no recollection of this.

 

So I should now acknowledge service of the claim as instructed??

 

Kind regards,

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Now, is the palce near to where you live as we are going to need some pictures of the car park entrance from the public highway, the siganeg at the entrance and the signage in the car park

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Hey guys,

 

I'm just writing out the letter to Gladstones and then I will be registering with MCOL.

 

I will let you know when it is done and see if you think it's ok!!

 

Cheers guys :)

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I'd be very surprised if anything at the site has changed. PPC's are notoriously slack when it comes to spending money, unless it's for harassing people for money.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Google street view check the date at the bottom

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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The Terrace, High Legh Park Golf Club, Warrington Road, High Legh, Knutsford WA16 6AA

 

16/06/2018

 

 

Dear Sir or Madam,

 

Re: UK CAR PARK MANAGEMENT LIMITED v MRS ********* Claim no: XXXXXXXXX

 

Is this correct??

 

Thanks again :)

 

 

There is clearly no sign upon entry into the estate!!

 

 

How are you supposed to know that there is a enforcement active?? Snidey so and so's

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Snidey so and so's

 

That's exactly how the whole business model works :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Template removed we know what is says...

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

Unlawful poss but not illegal its not criminal cant be its civil..private land

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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It should be illegal, this is what I call obtaining funds via deception, I might go and lodge a complaint with the Police and ask them to be investigated for fraud

 

Alas, it probably won't get you anywhere as the system allows them to do it, in just the same way as you or I could do it. It's swings & roundabouts.

 

 

UKCPM have been spanked a few times in court and they've realised that it costs them an awful lot of money to lose a case. So if they take anyone in to an actual courtroom these days, they are 100% sure of themselves. Even then, they aren't guaranteed a win, UKCPM do tend to get things procedurally wrong, bless 'em. God loves a trier :lol:

 

 

It's much cheaper for them (£25 plus a bit of postage) to issue a claim and hope that it scares you to death and you break your neck falling over yourself trying to throw money at them.

 

If that doesn't work and they aren't absolutely positive that they're going to win (even if they don't), they tend to cut their losses and go on the hunt for the next sucker that will fall for it.

 

 

Replace UKPCM with the name of 99% of any other PPC. It's all the same... A numbers game.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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And replace PPC insert dca on any consumer credit claim

These co's combined issue 750'000 speculative claims each year

 

Numbers game

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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With contracts it all boils down to performance of contract.

You need to read about that and you will see the common example of me selling you London Bridge.

 

I can sell it to you even though I dont own it and if you agree to buy then I can sue you to get you to pay up.

It only goes wrong when you ask me for the deeds and I cant perform my part of the deal.

 

On the stock market most transactions are done without the person selling actually owning the shares, esp on things like futures and short selling.

They rely on taking a profit on a nominal number of shares and then but the ones necessary to fulfil any contract after the price has gne down thus making a profit on the deal without laying out money upfront.

 

Is it a licence to print money?

read up on Nelson Bunker Hunt and cornering the silver market.

 

No illegality involved as there is always an intent to honour the bargain.

that is what the parking co's will say,

they arent crooks because they believe they are right and are just incompetent and thick m'lud

Edited by dx100uk
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