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    • I came back home on Monday and found this Claim form in my letter box. In the light of what I have explained earlier in regards to this debt claim, can anyone tell if I have any chance fighting it in th Court. SW in the last conversation request the proof of me living somewhere else, which I can't provide. They have info from the landlord of property being rented to me, I was there on electoral register, had bank account opened on this address, Driving licence had this address etc., but I wasn't living there.      Name of the Claimant -  Southern Water services   Date of issue – 12/06/2019     Particulars of Claim   The Claimant is statutory...etc The Claimant claims the sum £969 for unpaid water and or sewerage charges payable under s. 142-144 of the act and the Claimant Charges Scheme. The unpaid sum of £969 is for period 01/04/2014 - 08/07/2015. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year  from 08/07/2015 to 11/06/2019 and also interest at the same rate up to the date of the judgment or earlier payment at daily rate of £0.21   What is the total value of the claim? £1423   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? yes Letter before Action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Yes, COA address.   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?    No, water charges   When did you enter into the original agreement before or after April 2007 ? Allegedly after - April 2012   Do you recall how you entered into the agreement...On line /In branch/By post ? No   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No, no anymore   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Southern Water - original creditor   Were you aware the account had been assigned – did you receive a Notice of Assignment?   Did you receive a Default Notice from the original creditor? No.   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No   Why did you cease payments? Never. I wasn't aware of bills.   What was the date of your last payment? Never   Was there a dispute with the original creditor that remains unresolved? Yes, creditor did not take my notice of bills being wrongly issued in my name.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
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    • http://www.hadefpartners.com/News/333/Limitation-periods-in-the-United-Arab-Emirates   One of the key limitation periods to be aware of is the limitation period for a claim for breach of contract. We have been approached by many clients (including in-house counsel at large multinational and local companies, and even international law firms) who believe that the limitation period for a breach of contract (including a commercial contract) in the UAE is 15 years. What they are often not aware of is that the limitation period for commercial contracts (as set out in Federal Law 18 of 1993 (the “Commercial Code”)) is usually 10 years. Therefore, multi-million dollar claims dating back over more than 10 years may now be time-barred.   https://www.jstor.org/stable/3381662?seq=1#page_scan_tab_contents
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billybobynumeroduo

GXS/gladstones Windscreen PCN claimform - shoreham port basin rd southwick HN41 1WF

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I received a parking charge dated 21 April 2018,

 

I am just wondering do I really have to pay this and is there anything I can write back to refuted their claim,

 

it seems like a bit of a joke as their is a sign on a gate which has been blocked up by a 2 tonne concrete boulder saying no parking as access is required at all times, or something along those lines...

 

should I take this seriously?

 

Scan attached.

 

Best Wishes

 

Billy

 

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I've already spotted a major flaw in what they've sent you which means that (as keeper) you cannot ever be liable, as that NtK has arrived outside of the time allowed by POFA, so they've already shot themselves in both feet.

 

It fills you with confidence when they can't even get the basics right :lol:


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Hi Dragonfly,

 

thankyou very kindly for your input.

How about if GXS sent correspondence sooner that I have yet to see, I doubt it as this is the only bit of correspondence I seem to have.

 

Should I write back to them and state their error or simply file away/ bin and ignore?

 

fully redacted attachment now attached!:wink:

 

Kind Regards

 

Billy

gxs_fully Redacted.pdf

 

I see what you mean by POFA,

 

8. A notice to keeper must be served not ealier than 28 days after, and not more than 56 days after, the service of that notice to driver.

 

It has taken them 66 days to write me, so.....

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How about if GXS sent correspondence sooner that I have yet to see, I doubt it as this is the only bit of correspondence I seem to have.

They won't have done. That is a Notice to Keeper (NtK) and not a NtK Reminder. So that will be the first one in the chain. A chain that they have already broken themselves, and can't even argue that they haven't because they've provided the evidence of their own failure.

 

As your vehicle had a Windscreen ticket (Notice to Driver (NtD)), they can only write to the keeper after 28 days from the day after the parking event. And that has to arrive on the keepers doormat not before the 29th day, and not after the 56th day. That's written in to the Protection of Freedoms Act (the POFA) 2012.

 

So, going by their own dates.

 

Your vehicle was parked on 21/04/18 (so the clock starts from 22nd). They therefore had from between 19/06/18 and 14/06/18 (allowing 2 days for postage) to write to you.

 

Their own NtK is dated 26/06 (or a full 12 days after the allowed time) and in law, you cannot have received that until 28/06 which is 68 days after the parking event.

 

This is without going in to their other failings.

 

 

Don't bin it, file it and sit on your hands. Do not contact them at all. Let them waste their own money unless and until you get a Letter Before Action from their pet solicitors (probably Gladrags). Then, with our help, you go for the jugular :thumb:


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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Hi

Just my 2p

 

 

As well as the obvious flaws mentioned, they have shot themselves in the foot with the appeal process by saying that the 21 days to appeal the windscreen ticket has lapsed so they cannot entertain an appeal. What rubbish!

 

 

Imagine if a windscreen ticket had magically disappeared from your car meaning that you would not know anything about it until the NTK arrived. By their own wording, you wouldn't be able to appeal to them. A simple case of triple P (P*ss Poor Performance)

 

 

As mentioned, file away and for get about it and any debt collectors that will try it on. I cannot see this going anywhere near a court considering the amount of flaws.


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the wording of the Act is a bit vague on this point silverfox, so the IPC lot read it in the way that disallows people to appeal an NTK as that way they dont have to offer a discount period.

 

that also encourages them to use the "disappearing ticket" ruse

 

in this case they have kindly provided evidence of themselves getting it wrong by saying the driver had 21 days to appeal when the law allows 28 days.

Edited by dx100uk
Spacing

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Hopefully you should know wgat to do with that piece of rubbish but if not. Ignore it. The only time to sit up and take notice is IF a letter before claim from a proper solicitor turns up.


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scan and keep copies

you never know what they might try in the 6yrs they have ...


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once they pass it to THEIR solicitors- well they cant do anything because they arent the creditor so no locus or agency. In short, they are hoping you dont knwo they are talking b*****ks

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"Potential, if, could, may". Is that all they can do? Not very scary, is it? LOL

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Just re-read the letters sent so far and GXS just don't have a clue. In the first letter from June, they state that after 28 days and not having the details of the driver, they can then pass the charge on to the keeper. That would be true if GXS followed PoFA but they don't so keeper liability could never arise. Misleading at best.

 

As for Trace Legal. They have only been around for a couple of years and they appear to be a one man band with absolutely no power over you. If you feel that the letters are misleading, copy them to Trading Standards. They may do nothing but they will add them to a file for the future.


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coo they might assess the situation. Well they are asses but they cnat do anything for themselves and I can only imagine the conversation between them and GXS being something like this:

GX" did they pay up?"

trace "no"

GX "What should we do?"

trace "I cant tell you unless you gie me some more money"

GX"OK, here you go, what should we do?"

trace "I cant tell you, I am not qualified to offer legal advice, I am just a rentathreat."

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I know its been a while.

I have received a claim from the County Court Business Centre-northampton dated 11 June 2019.

 

Claimant GXS....any correspondence through Gladstones.

 

Nature of the claim is the PCN etc

Plus it states in the claim that the driver agreed to pay within 28days of issue....im not sure what that means as I never corresponded with them.

 

Nowhere does it mention the notice to keeper being sent 66days later.

 

So the claim is for £248.58 and I have 14 days to respond to the claim.

 

Any advice warmly welcomed.

 

P.s i will post up redacted version of the claim, I just dont have access to do so today.

 

Best wishes Billybob

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hi ya

we don't need to see the claimform..

simply complete this please:

 

 

 


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what you need to do for the moment is to create an account at moneyclaim and then when you step through the first bit find this claim and then just tick the box that says you intend to defend in full and that is all, you the get a futher time to submit the defence and by doing it online you dont have to write to Gladdys and they will have to keep an eye on their timings or they could just drop the ball so to speak.

 

We will help you with your defence, it will just be an outline of what you want to say later on 

 

one the main things will be no cause for action against you as you are not liable and in any case the signage was insufficient to create a contract (and probably there illegally so no contract can be formed)

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don't forget to get that Q&A link done I posted

and also send a CPR

 


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

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Name of claimant-GXS Services LTD

Claimant Solicitors- GLADSTONES SOLICITORS LTD

Date of Issue- 11 June 2019

What is the claim for-


1.The driver of the vehicle with registration xxxx xxx ('the vehicle') parked in breach of the terms of parking stipulated on the signage ('the contract') at Basin Road Southwick BN41 1WR on 21/04/2018 thus incurring the parking charge ('the PCN').

 

2.The driver of the vehicle agreed to pay the PCN within 28 days off issue yet failed to do so.


3.The claimant claims the unpaid PCN and from the defendant as the driver / Keeper of the vehicle.

 

4.Despite demands being made if the defendant has failed to settle that outstanding liability.

 

5.THE CLAIMANT CLAIMS £100 for the PCN.

£60 contractual costs pursuant to the contract and PCN and terms and conditions,

together with statutory interest of £13.58 pursuant to S69 of the County Courts Act 1984 at 8% per annum continu8ng at £0.04 per day.

Value of claim-£248.58

I Should defo send a CPR? Ericsbrother mentioned not to engage with Gladrags solicitors....

 

Thanks and I have posted up particulars of claim ad per the link you sent me.

 

K regards

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yes you must.

 

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 that CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.
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 [1 in the count]
 

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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

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Reclaim mis-sold PPI Read Here

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also we havent seen the pictures of the signs yet, get them taken and posted up so we  can offer our thoughts on siting, content,  legibility, size etc

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Thats going to be difficult as Im not in the country and possibly signs have changed since last year....I did take pictures at the time but havent a clue where they would be now

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no

but if you are clever you can get costs out of them

 

  • Thanks 1

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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