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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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belsbels

Euro Car Parks Ltd, ANPR PCN - sainsburys bolton Trinity

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Hi

 

Just looking for some advice please.

I hve received a letter through from DRP stating I was parked in Euro Car Parks Ltd, sainsburys car park in bolton for more than maximum period allowed.

 

It states there is notice to intended court acion and £130.00 is payable.

 

I was shopping then had lunch in sainsburys and didn't realise a maximum stay.

 

What can I do?

Edited by dx100uk
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The experts will be on soon.

 

However, for a start it's not a fine - only the police or councils can fine people.

 

Your first port of call could be Sainsbury's - after all the "overstay" was to have lunch there and spend extra money in their store! Complain to them and demand they get Euro Car Parks to cancel.

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How long did they say you were in the car park for? Was it a ticket on the windscreen or was it number plate capture? Can you give dates as well please.

 

Do not do anything until youve told us the dates and times and method of capture. Theyre very important.


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

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what other paperwork did you receive regarding this event as they are obliged to issue certain things within fixed time frames. A letter from DR+ wont be the first of these so tell us exactly where and when, what day you got the original peperwork and ideally post it up with your personal details, their ref numbers and barcodes redacted. ECP usually get the NTK wrong.

 

 

Agree with bothering Sainsburys about this, phone head office and refuse their attempts to pass youor your complaint on to the parking co. Make them cancel. If you email all they will do is forward the email and then you will ahve just given the parking co a way of harassing you for free so if phone call doesnt sort it a letter to the CE of sainsburys would be the next step

Edited by honeybee13
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I have added a tweet to this thread and left Sainsburys a short message. Let's see if they do the right thing.

 

 

We do need to know which sainsburys it is as well so we can look on Google and see what we can view.


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telling them their servants are up to no good on social media is always a good move, try the direct approach first and then use facebook, twitter and any others to make your point.

 

Be careful not to use silly or rude language but pointing out that you are being taxed by a third party for spending money with them is outrageous as there was no method of actually getting an extension to the parking period and thus the problem is all of Sainsburys doing as they should ahve though about it before allowing the parking co to determine whether Sainsuburys customers are allowed a cup of coffee as it certainly isnt a time restriction laid down by planning law.

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I have been contacted by the Sainsburys media team on twitter asking for the location of the store. Until told otherwise, I have said it was the superstore in Bolton.

 

 

It would be better if the OP went on to twitter and tried to get some resolution while at the same time keeping this thread going. Until we get the answers to the link posted in post four of this thread, nothing much can happen.


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yes, if the OP doesnt tell them about themselves or at least the parking ticket number then Sainsburys wont be able to do much. My only concern is giving them more info than can be found on the NTK so OP, only keeper name, car reg and their reference number.

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Hi the car park was Bolton Trinity car park. As I didn't receive the original notice I have not seen any evidence nor have they specified time of arrival and leaving

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can you fill out the questionnaire in post 4 please

and scan up the NTK? read upload


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

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

 

please answer the following questions.

 

1 Date of the infringement 05/7/18

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] not received as DVLA not updated change of address as of yet and sent to previous

 

3 Date received 15/10/18

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? n

 

5 Is there any photographic evidence of the event? none received

 

6 Have you appealed? n

Have you had a response? n/a

 

7 Who is the parking company? Euro Car Park

 

8. Where exactly sainsburys trinity way Bolton

 

For either option, does it say which appeals body they operate under.

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

please check HERE

Edited by dx100uk
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As well as agreeing with DX, you could do with spending time on contacting the DVLA to find out when Euro Car Parks applied for your details.

 

 

The 'good' news is that ECP have taken no cases to court this year and only two last year. This is not saying they won't but it's unlikely which is why we need all the information requested


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

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