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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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Aggrippa73

Euro Car Parks ANPR PCN - Esso Meads, Purfleet

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Hi polar1882

https://www.consumeractiongroup.co.uk/forum/showthread.php?489035-Euro-car-parks-ANPR-PCN-MRH-Esso-meads-Purfleet

I have just received a similar notice through the post for the same date only a few hours earlier.

 

I was actually on holiday and pulled in with my family to grab a snack.

 

I received the PCN from my hire car company who have acknowledged that they have passed my details onto Euro Car Parks.

 

As i am from Northern Ireland,

i cannot go back and check the sign and was unaware of the "pay by phone transaction" as this is unavailable in Northern Ireland.

 

I was also completely oblivious to having to pay for parking at a filling station.

 

Sorry for jumping onto your thread but i would be very interested in any help that you are receiving from fellow subscribers.

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I have just received a PCN through the post issued at Esso Meads, Purfleet. I was actually on holidays and pulled in with my family to grab a snack.

 

I received the PCN from my hire car company who have acknowledged that they have passed my details onto Euro Car Parks.

 

As i am from Northern Ireland, i cannot go back and check the sign and was unaware of the "pay by phone transaction" that they have stipulated on the PCN as this is unavailable in Northern Ireland. I was also completely oblivious to having to pay for parking at a filling station.

 

i would be very interested in any help and advice that I could receive from fellow subscribers. Thank You

Edited by honeybee13
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If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Well, try contacting Esso public relations first and find out whether it is owned by them or a franchised retailer.

Pressure can certainly be brought to bear from this direction.

 

If someone else has posted up pictures of the signage then you can use them to help your case.

 

ECP are unlikely to want to actually turn up at a court in NI because of the expense

but having a good argument to offer them at the pre action stage will surely persuade them it isnt worth their while to even consider it as an option.

Edited by dx100uk
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If I choose not to pay and they threaten court action would that court action not fall in the Jurisdiction of the complaint, which would mean I would be expected to travel to court jurisdiction that precedes over Meads/Purfleet??

Edited by dx100uk
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they will via their powerless dca always threaten court action

 

no always the defendants local court

 

you seriously need to get reading threads here


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Thanks for your response dx100uk. New to this so will get reading threads to get some info.

 

Thanks

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can you do that Q&A link in post 3 please

we need that info


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.

 

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Hi silverfox1961 please find below details of notice

 

For PCN's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement[16/07/2018]

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Issued 20/07/2018

 

3 Date received I Received from Europcar 07/08/2018

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Yes]

 

5 Is there any photographic evidence of the event? 2 small photos of number plate stipulating entrance and exit

 

6 Have you appealed? {y/n?] post up your appeal] No

Have you had a response? [Y/N?] post it up No

 

7 Who is the parking company? Euro Car Parks

 

8. Where exactly [MRH-ESSO Meads-Purfleet]

 

For either option, does it say which appeals body they operate under. No mention of Appeals body on info i received from Europcar but BPA icon at top of photocopied letter from ECP

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

I have not received any direct correspondence from EURO CAR PARKS as of today 21/08/2018. Europcar have acknowledged that they "have passed my details to ECP and that any disputes regarding the notice MUST be referred directly to issuing body"

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https://www.consumeractiongroup.co.uk/forum/showthread.php?489035-Euro-car-parks-ANPR-PCN-MRH-Esso-meads-Purfleet

 

is the one to follow

but don't do anything till the experts recommend it.


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

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have you got on to Esso PR yet?

have you told MRH that you know the cameras captuing your vehicle details are there illegally and you may well sue them along with ECP for breach of the GDPR as ECP are merely their agents.

 

Put any pressure on you can without actually contacting the parking co.

Use social media to slate the companies as well.

Also you dont say what they claim you have done wrong so again you have something to do on that front

Edited by dx100uk
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Thanks dx100uk i was following that thread and was advised to start a new thread and not piggy back of that one.

 

Hi ericsbrother

the reason stipulated on the claim was"the vehicle was parked without a valid Pay by Phone transaction"

 

have not and don't plan on contacting parking co. at this time

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correct


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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as you can see from the other post the signage is not good enough and also if they rely on a pay by phone app then that is an unfair contract as arguing that you shouldn't be there doesnt impress.

 

You were invited there and possibly entitled to stay there by the provision of services that have nowt to do with the parking co, so if you were in a car wash that isnt parking (hint hint) and as they rely on ANPR to capture your details as you pass a single point then they have no idea what you were doing in the meanwhile.

 

How long were you there?

you havent said and as already stated on the other thread there is a minimum grace period

Edited by dx100uk
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Hi ericsbrother. I've checked the times on the number plate images and it totals 49mins 21secs. Just wondering about the 10 minute 'grace' time mentioned in the other thread?

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Right then that doesnt apply but the lack ofr signage is important and also I will say again have you contacted Esso Public relations and MRH HQ to moan like hell about thhis? They may do nothing but you must use is as an avenue rather than hoping the parking co wil be nice to you because they wont. If MRH get enough complaints they will have to do something.

 

Make sure they know that you are not the only one who is using this forum to get your ticket cancelled and let them know that you know the parking co is breaking the law as they dont obey their trade association rules and dont have planning permission for their cameras and that may well come back to bite MRH/Esso. Let them know that you will be plastering this all over social media and no douby other complaints will emanate from that.

 

In short do anything you possibly can to get them to intervene and dont take no for an answer

this is a help forum so you have todo the legwork yourself, we cant do it for you

Edited by honeybee13
Paras

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Thanks for all your help, info and support. Will now try and make contact with MRH/Esso and Esso PR and forward their responses.

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lay it on with a trowel, make them think that this wont go away and they will look at the PR aspect of the bad publicity

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