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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, 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 credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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Parking Pain 108

Parking Eye ANPR PCN Claimform - 10mins overstay - Lido, Ethelbert Ter, Margate **STRUCK OUT**

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Hello I could use some help -

 

On 1 January 2018 I visited Margate and paid and parked in the town.

 

Having finished the visit it was becoming dark and I was driving back towards Ramsgate when the satellite navigation system on my phone jammed.

I pulled off the road into an empty car park (the Lido) which looked closed and run down, to attend safely to the satellite system on the mobile phone.

 

when I had gotten the navigation system working again I tried to find my way back onto the main road again.

There are a number of posts missing from the side of the car park which lead onto a road which I mistook for the exit.

 

At a certain point I realised this was not an exit but in fact Newgate Promenade so I then turned the car around and drove back towards the road by the way that I had entered.

 

When I received the pcn from Parking Eye they included 2 dark pictures with only headlight and number plate visible

- entering (16.47) and leaving (16.57) the time difference being 10 minutes.

I had no idea they were taking pictures on the site I suspect there are no signs stating this fact.

 

Since then I appealed to parking eye and then POPLA I include a pdf of the appeal to POPLA,

I didn't get any advice on legal arguments and they both turned it down.

 

They also refused the pictures of missing posts that I copied from google street view saying they were from 2015 while offering no possibility to provide recent pictures but simply discarding that claim

 

(I include as attachment the POPLA verdict).

 

Now I have received a claim form dated 23 July 2018 from the County Court Business Centre for £175. I would usually pay a parking fine to avoid the hassle but as I find this so unfair I continue to wish to contest it.

 

I have only a few days left to send in my defence the court has given me an email address, I have untill 4pm this Tuesday (28 Aug 2018).

I believe the defence needs to cover any points I wish to make so I need to sort them out very quickly.

 

I have been reading about the very similar case of

'yourturntopay'

[Parking Eye claimform - ANPR PCN Lido car park, Cliftonville, Kent BB on Display]

which sounds very similar only I was in the other half of the car park which has a bigger sign by the entrance but otherwise looks the same.

 

I wonder if it would be possible to use the same arguments?

 

My arguments in the POPLA appeal

(in the pdf attachment Parking Ticket Margate 1-1-18 redacted)

were that

I never intended to park

I pulled over for road safety concerns to fix the sat-nav.

Because the posts in the car park were missing I mistook the exit route and thus prolonging the stay this being due to the bad state of repair of car park.

It was only 10 minutes in total so petty to try to charge

 

I didn't mention the fact that it was badly lit, and I believe the notice board by the entrance is not lit but I didnt know if this would be an acceptable argument at the time and didnt mention it.

Also I am unaware what courtesy period Parking eye allow as to give a ticket after only 10 minutes seems extreme.

 

Unfortunately I live in London so taking pictures of the car park and checking the condition is pretty difficult and would mean a 5 hour trip.

 

-Any advice/suggestions on how best to proceed would be much appreciated

- I have to send in my defence (the court has given me an email address) by 4pm this Tuesday (28 Aug 2018) so only 3 days left.

 

I thought a courtesy period of 10 minutes was law but I’m not sure where I saw that now?,

does anybody know if parking eye allow a courtesy period in their car parks as one would imagine 10 minutes to be reasonable?

Parking Eye POPLA Verdict.pdf

POPLA appeal 1-1-18 redacted.pdf

Edited by dx100uk
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Name of the Claimant ? Parking Eye

claimants Solicitors: Rosanna Breaks

 

Date of issue – 23 July 2018

top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Date of issue XX ? I rang the court and they told the Acknowledgment of service has been filed on 14 August 2018 and that the defence had to be in by Tuesday 28 Aug 4pm

+ 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

(Particulars of Claim are in the box to left of the N1 page 1)

 

Claim for monies outstanding from the defendant, in relation to a Parking Charge, issued 06/01/2018, for parking on private land in breach of the terms and conditions (the contract). ParkingEye's automated number plate recognition system, monitoring Lido (2), Ethelbert Terrace, Margate, Kent, CT9 1RX, captured vehicle ------- entering and leaving the car park, parking without purchasing a valid paid parking ticket. The signage, which is clearly displayed at the entrance and throughout the site, states this is private land, is managed by ParkingEye, and is a paid parking site, along with other T+C’s by which those who park on site agree to be bound. In accordance with the T+C's set out in the signage, the Parking Charge became payable. The defendant previously had their appeal rejected by POPLA, the independent appeals service for parking on private land.

This claim is in reference to Parking Charge(s) -------------

 

I'll upload the claim form as well

claim form CCBC redacted.pdf

Edited by Parking Pain 108

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defence should have been filed by 24th 4pm

get it in now.

 

use the std 2 line defence

alteast 10 mins overstay is allowed there is no minimum

 

shame you came h ere so late and didnt send a CPR 31:14


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Hi,

thanks for the reply,

 

I sent an email to CCBC on the 23rd (see below) as I'd also worked out the date as 24th

as you see I asked for extra time so I'm not sure if that had anything to do with it

 

I spoke to them on the phone and the guy worked it out, made a call and then came back and gave me that date on Tuesday so not sure if that was because of my email?

 

Unfortunately I was in the car and didn't record the conversation.

I remember he called someone to check so I hope Tuesday is correct.

I'll try calling again 2moro to make sure - and record the call.

 

If the date for defence is Tuesday should I send a CRP 31:14 to Parking Eye tomorrow?

 

Dear Sir/Madam,

 

I sent an 'acknowledgement of service' form to you and to [---------------] by email on 13th August, in the auto response I was assured a response within 5-10 days however I have received no response and am now unsure what is happening. (as I explained I was working abroad when the letter arrived and my response was slightly over the impractical 14 day period allowed to respond)

 

I wish to contest the unfair claim against me but have received no information from yourselves on how to do this or if my acknowledgement of service form has been received or accepted? The claim form states I must send a defence to the court no later than 28 days from the 'date of service' I have no experience of such a court proceeding and have been waiting for your response.

 

I would ask that you allow extra time to present a defence in light of the fact I have received no confirmation of the 'acknowledgement of service’ being accepted.

 

 

kind regards

Edited by dx100uk
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Please don't send that letter you give an example of in your last post. They'll take you to the cleaners


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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get a defence in now it was due 4pm Friday - you don't get any extra days because of august bank holidays

inc there is atleast a minimum of 10mins leeway in it under the rules they must abide by.

get that CPR running.


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OK I understand that my original letter is not going to accomplish anything,

 

and that I should send a 'CPR' to their solicitor asap using the suggested format relating to my case

 

But regarding my defence to the court that I need to submit - that I'm obviously hoping won't be too late - but at the moment I'm not clear what I should put in it which is what I was also hoping to find out thru advice from here.

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Hi, thanks for your help

I'm trying to write this CRP 31:14 but am unfamiliar with these terms meanings

It states basically I should ask for these docs if they are mentioned in the claim form they sent

[template removed - dx]

Edited by dx100uk
wrong cpr removed from open view

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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.

 

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Great thanks regarding date of receiving the claim form I mentioned I was abroad working when it arrived so only received the claim at the last minute

also I changed the sentence... "each of the following document(s) mentioned" to "in regards to" (as I wasn't sure if the documents requested were actually mentioned?

 

it now reads: "Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) in regards to your Particulars of Claim"

 

Just mention this in case the wording was a legal requirement.

 

 

 

Going to post this now and then work on the defence which I presume so far will be about

 

bad lighting - no lamp posts

bad sinage?

bad condition of car park - posts missing

Can I claim 10 minutes I was in the car park should be within a grace-curtesy period?

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just send the CPR don't adapt it.

 

as for your defence more is less!!

 

I can only see you've read one other thread

https://www.consumeractiongroup.co.uk/forum/showthread.php?476286-Parking-Eye-claimform-ANPR-PCN-Lido-car-park-Cliftonville-Kent-BB-on-Display

unless you've done it whilst not logged in.

 

go read a few more

 

the only part so far of use will be

Can I claim 10 minutes I was in the car park should be within a grace-courtesy period?


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OK thanks i saw your message before I sent it so I'll just send as is with my details, its a bank holiday 2moro so I presume it won't make any difference to post 2moro.

I read various threads before I registered and on some other sites, but not as many as I'd like too as I've arrived a little late!! but I'll read some more,

thanks for the advice.

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Wow

I just found on my computer the pdf file from Parking eye which I thought I'd lost with

- "all information sent to POPLA regarding your recent verification code"

 

in the file they explain their grace period is 10 minutes minimum! [see below] and yet their £100 parking charge states "time in car park 10 minutes".

 

How can they be fining me in contradiction to their own terms is that not bizarre

Would I be wrong in presuming that this means they have no case?

 

I'll try to upload the file 2moro but I need to find out how to redact a pdf file.

 

Grace period

ParkingEye operates a minimum grace period of ten minutes or more on all sites which gives the motorist time to enter a car park, park, and establish whether or not they wish to be bound by the terms and conditions of parking.

 

A grace period of 10 minutes or more is in place at this site which is fully compliant with clauses 13.2 and 30.2 of BPA code of practice which states

 

‘If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes’.

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fine? where does it say that?

 

read upload it tells you

do not use a pdf editor convert to jpg

edit

then merge to one pdf again and upload


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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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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Hi yourturntopay thanks I was wondering whether to ask you that question!

There are some pictures from parking eye of the car park in the pdf I'm about to upload so be interesting to read yours/peoples thoughts especially as its pretty difficult to get back from London to check it again - and in 10 minutes in the dark I didnt really get a good feel for the place! :)

 

Here is the redacted pdf from parking eye of all the info they sent to POPLA for my appeal. I wonder would this have relevance to the CRP 31:14 I am going to post to PE?.

 

They include pictures of signs and their explanation for basis of their authority to issue PCN's, and their policy of allowing 10 minutes or more grace period to enter a car park, park, and establish whether or not one wishes to be bound by the terms and conditions of parking.

 

Would be great to have some advise on..

 

if CRP 31:14 is good to send as it is and doesn't need any adjusting

 

any thoughts on best defence (should I just claim 10 minutes 13 seconds is within their grace period or are there any other points that stand out?)

 

Any other thoughts much appreciated

Thanks

Parking Eye info sent to POPLA.pdf

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had to hide your PDF

ref/claim number showing on one of the pages

and ref showing on vat receipt


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

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I was wondering if I should add this point to the defence from your suggested defence page?

 

4. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

 

 

 

In light of the below statement from Parking Eye which may or may not be a generic claim? Would it harm the case if it was proven incorrect?

 

Authority

ParkingEye can confirm that the above site is on private land, is not council owned and that we have written authority to operate and issue Parking Charge Notices at this site from the landowner (or landowner’s agent).

It must also be noted that any person who makes a contract in his own name without disclosing the existence of a principal, or who, though disclosing the fact that he is acting as an agent on behalf of a principal, renders himself personally liable on the contract, is entitled to enforce it against the other contracting party. (Fairlie v Fenton (1870) LR 5 Exch 169). It follows that a lawful contract between ParkingEye and the motorist will be enforceable by ParkingEye as a party to that contract.

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That sounds more like a witness statement than a defence to me, but please wait for the experts to comment.

 

 

HB


Illegitimi non carborundum

 

 

 

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no can you not just get it in

defence was due last Friday!

 

stop stalling

 

other things can be dealt with later in the process if it goes that far.


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

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Also is it worth mentioning that the posts were missing in the car park (as I mistook the road outside the posts for the exit which it wasn't and thus extended time in the car park -

 

In connection is it worth mentioning there is no lighting and car park is in bad state of repair? There are pictures on google from 2015 showing broken posts

IMG_1046.jpeg

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HI dx100uk I thought if its not mentioned now then it won't be allowed to bring it up later,

 

can i not add some generic point that allows me to bring up other issues later?

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get it in stop dithering.

 

3 lines

the usual two

 

and the 10mins grace period

 

less is more


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

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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