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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed 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. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that 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 with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  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. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/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 Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that 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 all excessive charging/fees and show 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) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   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.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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John Garcia

DEL/Gladstones PCN Claimform - Lord Mayors Drive Car Park, Burnham Beeches, Slough SL2 3PS

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Hello all.

 

Claimant:District Enforcement Limited

 

Solicitors :Gladstones Solicitors received

 

Date of issue – 18 JUL 2018

 

Date to submit defence = 17th August 2018

 

What is the claim for – the reason they have issued the claim?

 

1.The driver of the vehicle registration (The Vehicle) incurred the parking chargelink3.gif(s) on 11/03/2018 for breaching the terms of parking on the land at Lord Mayors Drive.

2.The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle.

AND THE CLAIMANTS CLAIMS

£130 for Parking Charges/Damages and indemnity costs if applicable,

together with interest of £1.68 pursuant to s69 of County Courts Act 1984 at 8% pa,

continuing to Judgment at £0.03 per day."

-

What is the value of the claim? £132.68

Edited by Andyorch
Irrelevant points removed

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Hello and welcome to CAG. People should be along later with advice for you, please bear with us until they can get here. :)

 

 

Thank you for the information. Could you tell us which car park and where it is please? A postcode is always useful.

 

 

Have you acknowledged the claim on MCOL?

 

 

HB


Illegitimi non carborundum

 

 

 

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Where does any of the paperwork say FINE please?

 

We also need the particular s of claim box typed out verbatim exactly as it is on the claimform minus your car details ofcourse..dont ID yourself!


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Hi John, welcome to the Forum.

 

With your help we will do our best to send those crooks running away with their tails between their legs.

 

They are not famous for taking people to Court unless they think they have a good chance of winning.

 

We hope we can disabuse them of such thoughts.

 

You haven't that much time so could you please complete the following

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

 

and also post up the Notice to Driver and the Notice to Keeper.

 

I hope that you are close to where the alleged incident happened as we [and you] will need them to assist in your case.

 

Parking company's signs frequently contradict each other which is good for the motorist and they are often not in the positions that they aver in their Witness Statement which is also good for you.

 

If there is a payment machine it may well have different requirements to the notices which is good for you too so please take photos of that as well.

 

Could you also please check with the Council to see if DEL have applied for planning permission under the Town and Country Act [ Advertising] -if they haven't their notices are illegal as opposed to unlawful.

 

You will need to send their tame monkeys Gladstones the following letter

-if they don't respond and they often cannot be bothered, it helps you win your case yet again.

 

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)(1-Viewing)-nbsp

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Thank you for your prompt reply!

 

The car was parked at Lord Mayors Drive Car Park, Burnham Beeches, Slough. Approx post code is SL2 3PS

 

The claim has NOT been acknowledged on MCOL

 

Thanks again!

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Where does any of the paperwork say FINE please?

 

We also need the particular s of claim box typed out verbatim exactly as it is on the claimform minus your car details ofcourse..dont ID yourself!

 

 

Thank you for your reply dx100uk!

 

The Claim Form does not refer to the word "Fine" anywhere, only "Parking Charge"

 

*** Particulars of Claim in exact words***

 

"The driver of the vehicle registration (The Vehicle) incurred the parking charge(s) on 11/03/2018 for breaching the terms of parking on the land at Lord Mayors Drive. The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle. AND THE CLAIMANTS CLAIMS £130 for Parking Charges/Damages and indemnity costs if applicable, together with interest of £1.68 pursuant to s69 of County Courts Act 1984 at 8% pa, continuing to Judgment at £0.03 per day."

 

Thanks again!

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claimant is not gladstones

who is the claimant please


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Thank you for your reply Lookinforinfo!

 

I would love to see them running away with their tails between their legs!

 

Of all the unlawful "penalties" I have received, this is the only one where I have ever received a Claim Form for.

 

Please see info below as requested:

 

For a windscreen ticket (Notice To Driver) please answer the following questions....

 

1 The date of infringement? 11/03/18

 

2 Have you yet appealed to the parking company yet? [N]

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it

Did the NTK provide photographic evidence? Not that we can recall.

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) Uncertain

 

5 Who is the parking company? Direct Enforcement Limited

 

6. where exactly [Carpark name and town] did you park? Lord Mayors Drive Car Park, Burnham Beeches, Slough. Approx post code is SL2 3PS

 

I will look into the Planning Permission under the Town and County Act and let you know ASAP. In the meantime, should I hold fire on sending the CPR 31.14 Request letter until I can confirm the planning permission has or has not been given?

 

 

Thanks again!

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got it now don't worry

post 1 was a mess ive tidied it...

defence filing date is by 4pm 17th Aug

post 1 adapted

 

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 TODAY

.

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.

 

this is the CPR 31:14 you need to send:

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)


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Reclaim mis-sold PPI Read Here

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above post updated now

read it again


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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are you saying this was a windscreen ticket?

have you got it?

 

did you receive any other letters before the claimform?

or have you moved since the tickets date?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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claimant is not gladstones

who is the claimant please

 

Sorry,

 

Claimant is District Enforcement Limited

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post 11 please


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I will look into the Planning Permission under the Town and County Act and let you know ASAP. In the meantime, should I hold fire on sending the CPR 31.14 Request letter until I can confirm the planning permission has or has not been given?

 

!

No don't wait

-they tend not to answer anyway [they don't need to comply with any Laws-they are lawyers to the Gods!]

but the longer you give them,

gives them no chance to tell the Judge that they received the questions too late.

 

reason they don't provide the answers is partly because they are too lazy,

partly because DEL will not have all the items you requested

and partly because Gladstones get paid by DEL whether you win or lose.

IT is that kind of attitude that weighs the scales in your favour.

 

By the way

you didn't say the date of the NTK and the date you received it though it sounds as if you haven't kept it.

This would be a pity as it is often on the NTK and the NTD that they lose their case.

 

They haven't helped themselves by not deciding if they should sue you as the driver or the keeper-they cannot sue you as both.

For example if they didn't mention POFA on their NTK they cannot sue you as keeper and as they do not know the name and address of the driver they cannot sue him or her either.

 

Just note that whenever corresponding with DEL or Gladrags be careful if you were the driver not to reveal it by saying things like "I parked or I left".

Instead say the driver parked or the driver left.

Edited by dx100uk
spacing

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Tell us about the event itself,

when was your car parked there,

did they slap a ticket on the car

or send one through the post with some pictures

and the DATES of any correspondence you received

and whether you still have that.

If you do then we would like to read it.

 

Also,

is the place of the event near to you?

If so we would like to see the signage that offers a contract for parking

and equally importantly we want to see the entrance to the private land from the public highway.

 

This is because if there is no signage at the entrance then the parking co cant honestly say that you can be expected to have seen it

and considered the wording

and accepted the terms if there isnt a sign to read before you park.

 

If you consider the actual claim,

that is so brief and lacking in any detail

it isnt a proper description of a claim as required by the protocols of the courts procedures.

This itself is somehting to mention.

 

They say you are the keeper/driver but they only have a contract with one of those, not both and they cant assume that they are one and the same.

 

Also they say it is for breach of contract so their signage must match that in its content.

The alternative is they offered to a contract for a consideration and that is different to what they are claiming so lets see the signs please.

( we think that the sigange will be defective by saying something like "authorised vehicles only " and that aint an offer for the public to park)

Edited by dx100uk
spacing

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