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    • Hi, despite saying you would post it up we have not seen the WS or EVRis WS. Please can you post them up.
    • Hi, Sorry its taken me so long to get round to this, i've been pretty busy today. Anyway, just a couple of things based on your observations.   Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. I'd say theres a 1% chance they read it , but in any case it won't change what they write. They refer to the claim amount that you claimed in your claim form originally, which will likely be in the same as the defence. They use a simple standard copy and paste format for WX and I've never seen it include any amount other than on the claim form but this is immaterial because it makes no difference to whether evri be liable and if so to what value which is the matter in dispute. However, I have a thinking that EVRi staff are under lots of pressure, they seem to be working up to and beyond 7pm even on fridays, and this is quite unusual so they likely save time by just copying and pasting certain lines of their defence to form their WX.   Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. This is just one of their copy paste lines that they always use.   Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. They probably haven't read your WS but did you account for this in your claim form?   Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri.   This is correct but you have gone into this claim as trying to claim as a third party. I would say that you need to pick which fight you wan't to make. Either you pick the fight that you contracted directly with EVRi therefore you can apply the CRA OR you pick the fight that you are claiming as a third party contract to a contract between packlink and EVRi. Personally, I would go with the argument that you contracted directly with evri because the terms and conditions are pretty clear that the contract is formed with EVRi and so if the judge accepts this you are just applying your CR under CRA 2015, of which there has only been 2 judges I have seen who have failed to accept the argument of the CRA.   Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.    This is fine, but again I would say that you should focus on claiming under the contract you have with EVRi as you entered into a direct contract with them according to packlink, as this gives less opportunites for the judge to get things wrong, also I think this is a much better legal position because you can apply your CR to it, if you dealt with a third party claim you would likely need to rely on business contract rights.   As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. I wouldn't focus this as your argument. I did think about this earlier and I think the sole focus of your claim should be that you contracted with evri and any term within their T&Cs that limits their liability is a breach of CRA. If you try to argue that the payment to packlink is the sole reason for the contract coming in between EVRI and packlink then you are essentially going against yourself since on one hand you are (And should be) arguing that you contracted directly with EVRi, but on the other hand by arguing about funding the contract between packlink and evri you are then saying that the contract is between packlink and evri not you and evri.  I think you should focus your argument that the contract is between you and evri as the packlink T&C's say.   Clearly Evri have not read by WS as the above is all clearly explained in there.   I doubt they have too, but I think their witness statement more than anything is an attempt to sort of confuse things. They reference various parts of the T&Cs within their WS and I've left some more general points on their WS below although I do think  point 3b as you have mentioned is very important because it says "Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line." which I would argue means that you contract directly with the agency. For points 9 and 10 focus on term 3c of the contract  points 15-18 are the same as points 18-21 of the defence if you look at it (as i said above its just a copy paste exercise) point 21 term 3c again point 23 is interesting - it says they are responsible for organising it but doesnt say anything about a contract  More generally for 24-29 it seems they are essentially saying you agreed to packlinks terms which means you can't have a contract with EVRI. This isnt true, you have simply agreed to the terms that expressly say your contract is formed with the ttransport agency (EVRi). They also reference that packlinks obligations are £25 but again this doesn't limit evris obligations, there is nothing that says that the transport agency isnt liable for more, it just says that packlinks limitation is set. for what its worth point 31 has no applicability because the contract hasn't been produced.   but overall I think its most important to focus on terms 3b and 3c of the contract and apply your rights as a consumer and not as a third party and use the third party as a backup   
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Parking Awareness Service [vanishing? windscreen PCN CLAIMFORM - Hornby Road Blackpool


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Hi,

 

2 Years ago i received a parking charge for not parking within the lines. i had a valid parking ticket to stay on this carpark.

 

I appealed against this parking charge which was denied.

 

On the appeal i noted that i did park within the lines and that i did have a valid parking ticket.. the evidence given showed my car parked close to the line on the RHS front of the vehicle on 3 pictures..

 

On the 4th picture it showed my vehicle over the line.. i stated that the parking attendant has angled the camera to make it look like the vehicle was over the line. (in a hatched box in the corner of the carpark).

 

i then set on ignoring this company.. they have constantly bombarded me with emails demanding money which i ignored.. it then got passed onto BW Legal Services LTD who did exactly the same.

 

They then resorted to ringing my landline which i have never given them.. infact my landline is ex directory so how have they got this??

 

Today i have received claim form from Northampton bulk centre..

 

I will wish to defend this but not quite sure how i should word my defence..

 

is anyone able to advise ?

 

P.s, i was the actual driver of the car but the claim form is not in my name it is in my wifes who is the registered keeper.. i have never state she was the driver..

 

Regards.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi and welcome to CAG

 

 

This is a PARKING charge, not a PENALTY charge, the latter being a fine where the former is an invoice for some perceived breach. I bet you didn't take your own pictures on the day.

 

 

I have looked on Google SpyOnMe (Streetview) at the car park in question and the images were taken in April 17 so they might have changed in the interim. I can see three signs laying out the terms but I can't zoom in close enough to read them. One of the signs is on the wall next to the entrance. This can be ignored as it is not prominent enough. The one by the pay station is the one we need to see but I'm betting you don't live in Blackpool and have no plans to go back again any time soon. If you can get the pictures taken by Parking Awareness showing the discrepancy that will help your case.

 

 

As an aside, you did yourself no favours by appealing the windscreen ticket as they are now assuming you are the driver and keeper of the car. As members of the IPC they do not follow the rules laid out in the Protection of Freedoms Act 2012 (PoFA) so they can only go after the driver hence the reason we say never appeal a windscreen ticket. No matter how good your appeal, IPC members will never cancel a ticket.

 

 

What you need to do now is to go onto the MCOL site, create an account then use the details on the claim form to find the case, click that you will defend but don't put anything in the evidence box. Leave that for later.

 

 

The real experts should be along some time but as it is the weekend, some people actually have a life...OH! :-)

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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silverfox1961 said:
Hi and welcome to CAG

 

This is a PARKING charge, not a PENALTY charge, the latter being a fine where the former is an invoice for some perceived breach. I bet you didn't take your own pictures on the day.

 

No, i didnt take pictures on the day as i had a valid ticket to park on the carpark. the Attendant chose not to place a parking charge on my car so i was non the wiser until 1 week after the event.

 

I have looked on Google SpyOnMe (Streetview) at the car park in question and the images were taken in April 17 so they might have changed in the interim. I can see three signs laying out the terms but I can't zoom in close enough to read them. One of the signs is on the wall next to the entrance. This can be ignored as it is not prominent enough. The one by the pay station is the one we need to see but I'm betting you don't live in Blackpool and have no plans to go back again any time soon. If you can get the pictures taken by Parking Awareness showing the discrepancy that will help your case.

 

I don't live near Blackpool, on that day i was dropping my wifes elderly gran off at her friends and went for a coffee before i took her.

 

As an aside, you did yourself no favours by appealing the windscreen ticket as they are now assuming you are the driver and keeper of the car. As members of the IPC they do not follow the rules laid out in the Protection of Freedoms Act 2012 (PoFA) so they can only go after the driver hence the reason we say never appeal a windscreen ticket. No matter how good your appeal, IPC members will never cancel a ticket.

 

Sorry, my bad. i followed what i was told at the time on another forum which i cant remember the name of.

 

What you need to do now is to go onto the MCOL site, create an account then use the details on the claim form to find the case, click that you will defend but don't put anything in the evidence box. Leave that for later.

 

I have done this instantly when i received it today, i have done this twice before with regards to a couple of credit cards i had.. (Both of which backed out at the final hour).

 

The real experts should be along some time but as it is the weekend, some people actually have a life...OH! :-)

 

Thanks for your help!

 

 

 

 

 

Highlighted in red :)

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Interesting. Why would they not place a ticket on the screen? Probably someone who gets a kickback for reporting suspected breaches [not an official parking attendant but someone who lives nearby and goes to the car park to detect breaches].

 

 

No we need to gather your evidence but this is out of my scope so you will have to wait. You have some time yet.

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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ah the old vanishing ticket game..

 

can w have ALL of the questions in the link of post 2 answered please

they are IMPORTANT to how we/you deal with the claim.

 

copy and paste the questions here to a new msg box then answer each one at the end of its line.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What is the value of the claim? £250.46

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ?

parking awareness services LTD

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

I was aware, on another forum i was told to appeal and then ignore because they wont take it to court.. lol..

I must say i had a valid ticket to park there, regardless of the process i followed on this occasion i believe i shouldnt be paying this.. they're [problem]mers..

Edited by dx100uk
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we need the POC please

 

thread title updated

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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claim form is not in my name it is in my wifes who is the registered keeper..

 

Date of issue; 27/09/2018.

 

Name of the Claimant: Parking Awareness Services

claimants Solicitors: BW Legal Services Limited

POC:

1.The claimants claim is for the sum of £100.00 being monies due from the Defendant to the claimant in respect of a parking charge notice (PCN) issued on 29/04/2017 (issue date) at 11:39:29 at Hornby Road carpark.

The PCN relates to Ford under registration **** ***.

 

2.The terms of the PCN allowed the defendant 28 days of the issue date to pay the PCN, but the defendant failed to do so.

Despite demand having been made, the defendant has failed to settle their outstanding liability.

 

3.The claim also includes Statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per anum daily rate of 0.02 from 29/04/2017 to 26/09/2018 being the amount of £15.46.

4. The claimant also claims £60.00 contractual costs pursuant to PCN terms and conditions.

 

 

What is the value of the claim? £250.46

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? parking awareness services LTD

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

I was aware, on another forum i was told to appeal and then ignore because they wont take it to court.. lol..

 

 

I will also say there is no evidence to show the bill attached to my windscreen.

Edited by dx100uk
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pop up on the MCOL website detailed on the claimformicon.

.

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 a CPR 31:14icon request running to the solicitors

https://www.consumeractiongroup.co.u...ng-Court-Claim)

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defenceicon regardless by day 33 from the date on the claimform.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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stitched together post 9 from various bits throughout your thread

next time just answer the whole questionnaire..huh!

 

just one final point

you cant goto court it will have to be your wife only IF it gets that far.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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1 do as asked please next time not waste 3 days..you only have a total of 33 days

2. read as many threads in this forum as you can

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?88-Private-Land-Parking-Enforcement

 

can you scan up the NTK please to PDF

read upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Strangely, despite your letter, PA do not appear to go to Court so it could be that they want to scare you into paying now to avoid paying out £250 and having to go to Court.

 

There are a number of things you can do which will help you avoid paying them anything at all.

If you have retained all the Notices from PA could you please post them up

-don't bother with any from DCA's as they are even unfit as toilet paper.

 

You can also get on to the local Council to see if they have planning permission for their signs under the Town and Country [Advertisements}Act-most parking companies don't bother but when they haven't their Notices are illegal [not unlawful] and you cannot enter into an illegal contract.

 

It is a shame that you do not live near Blackpool to get photographs of their signs

-they are often poor and contradictory and if so they cannot be claimed to offer a contract.

 

Perhaps you have a friend living nearby who could get some photos of the sign at the entrance and other around the park, especially when the wording on them differs as well as a photo of the wording on the ticket machine.

 

They also cannot charge you £60 extra for debt collection.

Interesting too about their claim for statutory interest.

If it was based on £100 [which it should be] then one would expect the figure of 8% pa to be around £12 as only about 18 months

has gone by since they issued your ticket.

 

Some time soon you should receive what they intend to show the Court as proof that their claim is valid.

If anything like other parking companies it will be around the same length as War and Peace most of which will be total garbage and irrelevant to your case.

 

I never know why Judges don't lambast them more often but they do provide you with more ammunition to argue against them and of course win the case. When you get it post it up as we like a laugh and we'll help you refine your defence.

Edited by dx100uk
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done AOS?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Good

You do not await their next move...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Having spent ages trawling the Blackpool Council Planning Portal, I have managed to find planning permission for the construction of the car park. The planning permission includes the signs however, this is from 2011 when the existing land was a demolished hotel.

 

 

I can find no planning permission for the new signs belonging to Parking Awareness. I'll keep looking but I'm fairly certain they won't have any.

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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we really need to see the NTK as this may well be their undoing. It is not compulsory to slap a ticket on a vehicle at the time but if they wish to rely on para 9 of the POFA they must include evidence of the breach by way of photographs etc. It isnt good enough to say you can view them somewhere, they hav to provide some evidence that a breach occurred otherwise parking co's could send out random demands without supporting evidence. Now the NTK must also contain key phrases or they cant claim against anyone, let alone the keeper.

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  • 4 years later...

So what happened in this case?

I ask as we have a new Cagger taking on Parking Awareness.

We could do with some help from you.

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