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    • as well as informing them of a fault, you must also formally assert your right to reject the vehicle under the Consumer rights act. This must be done within 30 days of purchasing it. if you haven't done this and it is still within the 30 days then you should do it immediately by email and confirm in writing  
    • Good point from HB.   Before you see a solicitor start trawling everything you have for relevant papers -  emails, letters etc. + All the documentation you have relating to the purchase of the house. And copies of everything else that you mention about bills, tenants etc. That could all amount to a lot of paper.    Then take a photocopy of everything you have found ready to give to your solicitor.   And make some notes for yourself in detail about everything you remember.   Incidentally, it's just my opinion that  will  need more legal advice than can be given here. Maybe someone will come along who is an expert in this. But TBH I think that is unlikely, that's why I recommend you get your own solicitor asap. Because (a) it's legally complex and (b) there's a lot of money at stake for you.
    • I represented a family member in an Employment Tribunal which was awarded in their favour.  Background: The respondent failed to provide a bundle and came unprepared as he had planned for their finance employee to attend, but they were ill which left the respondent with no information on the day. The Judge gave the respondent the opportunity of 3 hours adjournment over lunch to get bundles but he declined and agreed to accept whatever decision the judge made. Once the judge verbally provided their judgement (recorded by herself for court process purposes) which was in my family member's favour, the respondent asked if he could appeal. The judge advised that the appeal process would be advised within the judgement documents (sent in post) and he could follow them once received. The respondent posted a small bundle of documents to both the tribunal and ourselves, but did not include any letter or application for reconsideration within the 14 days but the judge has decided they add nothing to the case and has closed the case, placing his bundle of documents on file.   I have spoken with both the Tribunal office involved (case closed) and London Court of Appeal who have received nothing in this matter.   Firstly, Which is the best way to secure payment from the respondent? Secondly, The Judgement states that the Claimant is eligible to claim 8% interest but is this from the day following the expiry of 14 days when payment was due, or the day following the expiry of 42 days which the respondent has to appeal? and how do I calculate the daily rate please of £2,500?   TIA
    • Lantern (QQ)   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.   27/08/2019   Particulars of Claim   What is the claim for – the reason they have issued the claim? The defendant owes the claimant £481.16 under a regulated loan agreement with casheuronet llc t/a quidquid dated 03/01/2012 and which was assigned to the claimant on 20/12/2017 and notice of which was given to the defendant on 20/12/2017 (debt). Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £481.16 and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 3.91% per annum amounting to £18.83   What is the total value of the claim? £584.99   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PDL   When did you enter into the original agreement before or after April 2007 ? After - 03/01/2012   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No   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. Lantern   Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes (via email) from MMF with no letterhead   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Couldn't afford them   What was the date of your last payment? 25/02/2016 then again 01/06/2018 (yes a paid again when they chased me)   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - rejected my DMP for one I couldn't afford.   
    • I think friends worry is that that the original initiator of the Claim will step in again. The original Claim and repo hearing was made by the freeholder for non payment of service charges.  The bank stepped in and paid the service charges.  Then when friend didn't pay mortgage the bank asked the judge to re-open the Freeholders Claim.  Friend paid the bank arrears.    But now friend is worried that the freeholder will return to re-open the same Claim. Ping-pong between bank and freeholder !!  Unless this particular Claim is stayed/ struck out
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Parking Pain 108

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

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Otherwise I could simply say

 

The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all due to the claimants self declared grace period of 10 minutes or more as stated in the claimants own documentation. [included as attachment]

 

["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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OK thanks, I've not dealt with a county court claim before - you say the usual two? you mean these two below? or something else there is no 'usual' for me!

 

 

1) It is admitted that Defendant is the recorded keeper of [motor vehicle].

 

2) 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.

 

3) The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all due to the claimants self declared grace period of 10 minutes or more as stated in the claimants own documentation. [included as attachment]

 

["parkingeyeicon 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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Better but take out the waffle and repeats and ref to the relevant codes

Thats for later


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OK so then like this?

 

 

1) It is admitted that Defendant is the recorded keeper of [motor vehicle].

 

2) It is denied that the Claimant entered into a contract

 

3) The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all due to the claimants self declared grace period of 10 minutes or more as stated in the claimants own documentation.

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start of 3 'The Particulars of Claim is denied in its entirety' take it out

 

2) It is denied that the Claimant entered into a contract …...should that not read ,,,,it is denied the defendant entered into a contract with the claimant because….

just put a brief reason why.

 

 

in my eyes that perfect now well done!


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Great thanks

I'm not sure on the 2nd clause tho??

you say give a brief reason why

 

.... because the proper Claimant is the landowner.

 

Or

Because the driver was there purely to fix sat nav?

Edited by dx100uk
merge

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Please ready what dx wrote. You put the absolute basics in your defence. Then you elaborate them later on IF and a big IF, the case ever gets that far. The defence you enter on mcol isnt your final defence. Its just the basic one to show you follow procedure.


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..

 

 

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no they are not reasons

 

something about the signs is best, saw no obvious signage that restricted a short 10 mins stay to get my bearings


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Do as DX suggests get that defence in now CLOCK IS TICKING. Don't give Parking Eye a nice easy default.


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hang fire 10mins or so

I see EB is around he's going to pop in for you

 

post up what you are going to file by mcol again

 

dx


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1) It is admitted that Defendant is the recorded keeper of [motor vehicle].

 

2) It is denied the defendant entered into a contract with the claimant because there was no obvious signage that restricted a short 10 mins stay (also inadequate lighting in the car park?)

 

3) It is denied that the Claimant is entitled to the relief claimed or any relief at all due to the claimants self declared grace period of 10 minutes or more as stated in the claimants own documentation.

 

Is it good to mention the lack of lighting also?

-also the general state of repair being very poor - missing posts, no lighting, faded bay markings etc

or is the above sufficient?

Edited by Parking Pain 108

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OK how about writing something in english that is short and to the point.

So something like

 

"1. the defendant denies that any moneis are due to the claimant because there was no breach of contract to create a cause for action. The claimants AccreditedTrade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to parkand other actions before any contractual condition can be applied. The defendant was not there for longer than the grace period and no contract was entered into.

2. In any case he defendant does not believe that the claimant has the lawful authority to eneter into contracts withthe public at this site"

 

 

that will cover the points you will make in detail later.

 

get this off NOW. Paper copy to PE. The courts will allow a bit of leeway for late submissions but dont push your luck by leaving it any longer

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OK Thanks ericsbrother - (just need to finish form and scan and email only takes a minute to do)

 

So just to double check you think theres no need to mention the signage or lighting/condition of the car park? Just send the above?

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NO nothing else said that enough times. those for later...

 

file it by MCOL as you did the AOS earlier

just click the defence box copy n paste

you have 20mins [must be done by 4pm TODAY]

 

as for the papercopy to PE

that can be posted tomorrow if needs be


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OK thanks I emailed it to the address someone from the court gave me - ccbcaq@justice.gov.uk - so I presume they know what they're talking about!

Might be confusing to upload at MCOL as well?.

 

I'll post a paper copy to PE as well

 

I'll let you know when I hear anything

 

Thanks for the help

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No file it on mcol

Thats what it is there for


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I know it’s scary to receive court papers but please trust the advice you are being given. Just make sure you post any and all correspondence you receive from PE/court on this thread and follow the advice given.

 

PE are looking for an easy win, they are hoping you’ll roll over and pay. When they discover you are fighting back they will step up the pressure in the hope they can intimidate you into paying..

 

When I filed my defence against PE I receive an onslaught of letters from PE. The purpose of the letters was to intimidate me into paying. When that failed they “generously” offered me a discount and agreed to withdraw the case if I agreed to pay. I didn’t respond to the letters and just waited to hear from the court.

 

MCOL wrote to PE to ask if they intended to proceed with the claim but PE failed to respond to the court. MCOL made the decision that the case would be stayed and if PE wanted to proceed they would have to make an application to the court to have the stay lifted. The cost of this is more than the actual claim so it’s extremely unlikely PE will proceed with this course of action.

 

If you follow the advice you are given it’s extremely likely your case wiwill either be stayed or dismissed.

 

Just a friendly suggestion but if you can please remember to make a donation to the site afterwards as a thank you for all the help you’ve received. That’s what I did anyhow

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upload to MCOL and send a paper copy to PE.

I have made an error in this defence but it will do as you can explain in detail later in your witness statement. You will need to read up on the unfair contracts regs and s62 of the Consumer rights ac

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ok thanks:

yourturntopay: yes thanks for your advice will do regarding the donation

 

dx100uk: I rang the court today they said they received the defence yesterday and it was in time,

 

ericsbrother: ok I'll have a look at those unfair contracts regs and s62 of the Consumer rights ac - what error did you make in the defence?

 

 

 

thanks dx100uk & ericsbrother

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I thought it related to an entry and not to an overstay. It doesnt matter too much as it is about a parking event, not the time you were there so the arguments about grace period are the same

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Hi

I was recently away and when I returned I received a letter from Parking Eye about settling the case through mediation, I was wondering how I should best respond?

Directions Questionaire Small Claims Track 1.jpg

Directions Questionaire Small Claims Track 2.jpg

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you don't

you await your N180 from the COURT

go read like threads

get upto speed

you should be using your 'downtime' between parts of the court process to read as many PPC claimform threads as you can


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Reclaim mis-sold PPI Read Here

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You are welcome to use any of the photos I have of the lido car park. I often pass the car park as is near my place of work. If you need any additional photos of the car park then please let me know.

  • Haha 1

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Hi youturntopay thanks again

 

I guess this will sound stupid but I just found a letter my wife had tucked away while i was abroad it is the "Notice of allocation to the Small Claims Track" which includes the N180 which is due... tomorrow 8th October. Yes I realise it doesn't look good.

Its asking if I agree to the case going to mediation, if i agree this is appropriate, if i wish to use written evidence of an expert etc

I understood I should not agree to mediation but just read somewhere that the court expects you too?,

 

In any case I'm reading up on it now but thought I should make a post quickly as it needs to go off tomorrow!.

I will try to upload the form now. - I realise I messed up time wise but any advice would be greatly appreciated.

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