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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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Hello all,

 

Today, I walked out to my car sitting outside my address, to find this rather unwelcoming sticker slapped on my window. Before any questions are asked, I have absolutely no idea what/where/how this 'warrant' has landed on my lap... but I have recently moved address.

 

I immediately rang the quoted number for equita, and spoke to two very unhelpful ladies. I explained (honestly) to the operator that I have no idea why this sticker has been stuck on my window. I asked for a full explanation of what the debt is, how it was obtained and more importantly how much.

 

The operator asked me to confirm my address, to which I obliged, however.. inevitably this address did not match the one on their system. In fact, the address they hold on the system is 5 years old!!!

 

The operator explained the reason for debt, stating;

 

You stopped in a bus bay - £188

You parked in a residential area without displaying a permit - £188

 

Now, this is the bit I need some advice on;

 

I explained to the operator that I have not received ANY letters/PCNs or enforcement documentation to my address or previous address about the debt in question.

 

I explained that I am not disputing the debt, however I am not willing to pay them until I have seen official documentation from the source (council) including dates/pictures etc. For all I know, I could be paying a rogue.

 

The operators response to my points above where that they cannot send out any documentation to my new address, and that I should contact the mobile telephone number on this sticker... (presumably the bailiff) to arrange payment. I proceed to call the number (albeit very hesitantly) but ofcourse... no answer.

 

As I have said above, I am not looking to 'dodge' this unpaid PCN if it is indeed legit, however i'm not going to pay someone on the end of random mobile number £366 without knowing its legitimacy.

 

Any advice going forward please guys?

Edited by pilotjim

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do you know which council issued them?


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Hello,

 

Since I have recently moved from Devon to London, I can only imagine it is a council local to my previous address.

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image shows pers info i've removed it

 

lots of councils are feeling the purse strings tighten and are chasing age old fines that have never been paid.

 

they pass it to bailiffs whom track you down..

 

if you've only recently moved then I cant see why you've not gotten previously the required letters than PCN's were outstanding?


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Ok thankyou. Well, I'm not sure either. I will contact the council tomorrow to see if I can dig out some more information.

 

My worries is that, in the mean time, the baliff will come along and clamp/take the car... It's surely not unreasonable to ask for some time to review the paperwork?

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once you contact the council and tell them whats gone on , typically if you follow the advice given, enforcement gets put on hold.

 

the issue I see here is you only recently moved,

now unless the vehicle was not correctly registered via v5C to that address when you moved to that council area , why did you not get several letters at the time..??


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Ok thankyou. Well, I'm not sure either. I will contact the council tomorrow to see if I can dig out some more information.

 

My worries is that, in the mean time, the baliff will come along and clamp/take the car... It's surely not unreasonable to ask for some time to review the paperwork?

 

Have you owned the same car throughout the last 5 years ?

 

Sounds like the PCN's might not be yours. You would know about them, as you would have had notices stuck to car previously and contact at addresses.

 

If these are in your name and offences you had forgotten about, then just come to a payment arrangement.


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I am assuming that you have the same vehicle. With both contraventions, the local authority will make a request to DVLA for 'keeper' information. A Penalty Charge Notice would then have been issued and may only be sent to the address held by DVLA on that date. You have not mentioned when you moved address. Did you update your V5C (Log Book) with DVLA when moving?

 

You need to ascertain to date of each contravention and the date when notices from the council were issued.

 

What date did you move address?

 

Almost certainly you will need to consider submitting TWO Out of Time applications to the Traffic Enforcement Centre. It looks to me from the contraventions that one application will need forms TE7 AND TE9 and the other the PE2 and PE3. Answers to the above question first please.

Edited by Andyorch
Quotation removed

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I know this may be old knowledge but according to a local council a few years ago. A PCN is only valid for 1000 days. After this it cannot be enforced. However i have a feeling people may have other ideas about this. I say this from experience.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?266996-Major-local-authority-confirms-Pcn-is-valid-for-1000-days.

Edited by Andyorch
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I hate bailiffs. Let me know if you have had a problem with them. I am sure i could upset them.

I now have experience with Securitas Security Services (UK) Limited and won in court against them 01/2018

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