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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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ivanatlas

Horizon 2 PCNs at my flat -

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I've just read all the issues that lady had with them...

and i just feel they are harassing me...

 

they control the parking of my own building and I've received two parking charges for being parked...

but not happy with it.

 

what can i do with this people????

i am absolutely fed up with this...

please help!!!!!

Edited by dx100uk
Fine replaced with charge

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it is NOT A FINE

read the paperwork carefully

nowhere do they use that word. [fine replaced with charge - dx]

please complete this:

 

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


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

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OK lets start with the events where you live.

 

Do you have your own parking space or is it a free for all and you park where you can.

 

Secondly, how were you informed of these demands, was it tickets slapped on your car or was it just letters through the post?

 

When was parking control introduced and who announced it?

To answer that also please tell us who owns the development where you live, Housing association, building developer or whatever.

 

If either of those are applicable do you have managing agent in charge of looking after the common areas and if so who are they. lastly do you rent/own or lease your property. Lastly tell us the DATES on the tickets/letters and the date of the event they refer to.

Both of these are critical.

 

As for the home tickets please tell us the date of the event and how you were notified, was it a ticket slapped on your car and if so what does it say you have done wring so we can match that to their signage for a condition you may have breached (or not)

Edited by dx100uk
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i have my own bay at the parking in my building, and i found a ticket slapped on the windscreen.

i don't know since when these boys are working in here cause I'm a very new resident, i moved 4 months ago(i rent the flat).

 

the date in the ticket is 26th June 2018 and the date on the letter (NTK) is 30th july2018

 

and btw... thank you very much for helping me

Edited by dx100uk
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OK DATES for all of the screen tickets please and when teh NTK's arrive let us know exactly when.

 

If you can post up the NTK as well as the pictures of the signs and supply some of the information asked for about the ownership and management of the development.

 

Different ownerships have different ways of tackling them.

Doesnt matter if you rent from a private landlord, you get the same rights as the flat owner

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the NTK for the ticket "earned" at home arrived today demanding to pay 90 pounds

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Could you provide us with the information requested in post #2 please? You'll get better help that way.

 

 

HB


Illegitimi non carborundum

 

 

 

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the date of the pcn at home is 26th june 2018.

i haven't appealed

 

I have received today 2nd August 2018 the NTK for the pcn at home.

The NTK does not mention PoFA 2012 and i haven't appealed to it.

Not photographic evidence.

 

The parking company for the pcn at home is Horizon parking,

 

the pcn at home was in Chelmsford Essex, at my own bay in my parking from the building,

 

this is the answer to post #2 i think... sorry I'm not very good in this kind of things

Edited by dx100uk
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we get that but we need to know who owns the land you parked on, is it part of the deeds for the property, allocated in a block parking or what.

Who get these muppets involved so is there a managing agents for the development.

 

We need to know all of this as we want to see if Horizon actually have any chance of even having a contract that allows them to be there in the first place let alone interfering with your vehicle in your parking slot.

Edited by dx100uk
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well let me ask in the agency cause there's no one to ask in here at the building... apparently there's a manager of the building but i don't even know him..

 

. i need to wait until monday that I'll be off to go to ask cause the agency is closed all the weekend and i work...

 

i assume the land of the parking is property of the same landlord of the building cause the parking is in the base of it...

thanks

 

im advance about this and all the help are you giving

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who owns the flat you live in,

is it you and if so then it will be in your deeds.

 

If you rent from a buy to let landlord then you get the same rights as they do.

What is the name of the development (ie King Court, Romford or whatever).

 

We can then do a bit of homework to see what can be seen from the public highway and possibly have a look at the planning portal of the local council if the buildings are only a few years old to determine who the developer was.

 

Permission to build a lot of stuff and then sell the finished estate on to a land holder for example.

Edited by dx100uk
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I'm renting the flat..

. the name of the developer i have no idea is another thing i have to ask on monday at the agency...

 

in the first floor there is a job centre that i assume is an organisation that belongs to the government...

Edited by dx100uk
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I'm renting the flat... the name of the developer i have no idea is another thing i have to ask on monday at the agency... but in the first floor there is a job center that i assume is an organism that belongs to the government... btw how can i upload the pictures... the ticket that most annoy me is the one from job in fact cause i think i could manage the one at home in the agency... but the one at work i was just thinking to put a formal complaint to the hospital because of those two tickets I've received even with the permit parking at sight... what do you think???

 

Hi.

 

Do you have a lease document for this flat that you're renting please? If so we need to see what it says about your parking space.

 

You may need another thread for the work problem so we can keep the two separate. [done -dx]

 

HB


Illegitimi non carborundum

 

 

 

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Thread tidied

Ill split the Gemini Broomfield posts out to a sep thread later on


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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post edited

use this thread for the home PCN's

you have an email regarding the new thread I've done for the works pcn.


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

spreadsheets 

 

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can you post up pictures of the signage there and also a picture of the entrance to the development from the public highway whetehr there are signs there or not.

Tell us the name of the development and we can google noseyneighbour it as well so for example, The Old brewery, Tadcaster or whatever. Postcode will also be helpful

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guys i have news... the agency is managong the problem with the ticket at home so we can "forget" that one by the moment and thanks a lot for the help with that

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Good news about the ticket(s) at home then, although you'll need to stay on the case to make sure that they do actually get cancelled.

Edited by dx100uk
relevent info copied to other thread - dx

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