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    • yes when you get your N180 from the court. on the sols copy omit phone/sog/email.
    • you dont need a copy of the letter. just proof. it might pay you to sar SLC as if they had your correct address on record before loan sales to erudio , that will add another very strong string to your bow toward setting aside this backdoor CCJ and the arrows you'll fire at Arrows (Erudio are arrows DCA in sheeps clothing)   you also might like many others find that you still have access to the online SLC portal. that could be useful with info. like deferral dates etc and address and what they knew and when.   at present you are in the info gathering stage, the more of that you can get the better.
    • IMHO i would never have a DD setup for any consumer credit debt. they are not a priority, like mortgage/rent/CTAX/Gas/Electric.   this gives you a bit more work to do, but it ensures there is always money for the priority things that can threaten the roof over your head or it's the necessary home utils needed with one.   it's also worthy to note that somethings that are unconscious priorities (though NOT!) like mobiles/phone/digital tv and broadband etc DD's often contribute to the real priorities not being paid. careful management of those needs to be exercised, like moving their payment dates to after the priorities are deal with in your calendar, or vice versa move the priorities to before those come out.   it is stunningly amazing how many families fall into priority bill debts by blindly pay these 'mentally essential luxury gadget' bills and are in total ignorance of the effect they have upon their available funds as 'they can't live without them'.
    • Just as UB says, he bailiff does not need to be invited in, but he certainly should have announced himself. i dont suppose he said what the enforcement was for?   The bailiff has to have a "reasonable belief" that the debtor resides at your address, if he is permitted to enter.   In the first post you say the Warrant was addressed to next door, is this your daughters property and did this Richard live at that address or your address.?   We should find out what the bailiff may say to try and justify his actions.    
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    • Hi @BankFodder
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      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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Excel/BW PCN Claimform - Cavendish Retail Park Keighley


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Hello,

I have received a Claim Form issued 07 Dec 2018 that I need to respond to.

I have no previous communication regarding the PCN, the issue date of the PCN was 26/09/2016.

 

Claimant: Excel Parking Service Limited

BW Legal

 

Particulars of claim:

"The Claimant's 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 26/09/2016 (Issue Date) at 18:42:53 at Cavendish Retail Park Keighley.

 

The PCN relate to .... under registration ... The terms of the PCN allowed the Defendant 28 days from 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.

 

The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 26/09/2016 to 06/12/2018 being an amount of £16.04.

 

The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions"

 

Amount claimed: 176.04

Court Fee: 25.00

Legal representative's costs: 50.00

Total amount: 251.04

 

Advice on how to respond would be gratefully received. I am willing to face them in court if it comes to that.

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so do you remember ever going to the place that this claim originates?

Haver you moved house since sept 2016?

Did you not get a LBA about a fortnight ago?

as for the detail, it is the usual autofill garbage BWL and Gladdys use that lacks any hint of what it is you have supposedly done to create a liability.

 

First thing you need to do is acknowledge the claim. This is easiest doen by going to moneyclaim online and creating an account, looking up the claim ref and then just ticking the acknowledgement of service box. this then buys you another fortnight to submit an outline defence and during that time you send a CPR 31.14 request for documents to BWL and demand to see the following:

1)a copy of the contract with the landowner that assigns the righ for Excel parking to enter into contracts with the public and to makwe claims in theor own name ( now Simon who owns Excel also owns VCS and often confuses the 2 so the contract must specify Excel and not VCS)

2) a copy of the original NTK as none was ever received

3) copies of any other correspondence sent by Excel or their agents regarding this matter

4)a copy of the Letter before Action sent by BWL/Excel as none was received, contrary to the Civil Procedure Rules

5) a copy of the planning consent for their cameras and sigange at the site

give them 14 days to respond

 

get this done pronto and then you can include their failure to respond to this request in your defence. in the meanwhile if the place is near to you go there and take pictures of the entrance to the land from the public highway and any signs there, pictures of any signage around the car park and of the payment meter and its associated conditions if one exists.

 

we will help you with your outline defence once you have kicked these things off

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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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Thanks for the fast response.

I have visited this retail park in the past.

I have not moved house since 2016.

I received a "Letter of Claim" from bwlegal sent on 26 Oct 2016.

 

I will acknowledge the claim today online using the method you have described.

Regarding your point 2: What is an NTK, i previously found a glossory of abbreviations on this site but can not find it.

Regarding your point 4: Is the letter before action the letter they sent on the 26 Oct 2016 titled letter of claim stating they intend to commence legal action.?

 

Regarding getting photos, the company managing the car park has changed. There is another thread on this forum which has the photos in question I will find them and attach if that is helpful?

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pop up on the MCOL website detailed on the claimform.

.

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 31:14 request running to the solicitors

.https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31-14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim)

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence 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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NTK - Notice To Keeper where they try to use or rather misuse POFA to make the keeper liable for any charge.

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Thanks, before I do this the claim form has been issued by County Court Business Centre in Northampton, is this where I would attend court or just an administration centre? I have no problem travelling but I live in Yorkshire and the PCN was for a car park in Yorkshire, Excel are registered in Sheffield (Yorkshire) and BWLegal address if Leeds (Yorkshire).

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no it get transferred to you local court

read and complete the link I send above in post 3

all will become clear..

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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as for the company chamging, you take pictures of what is there and use that to cast doubt on anything they produce later. They have to prove their claim and anything that tilts the balance in your favour is good.

There are other posts on this site so look ar what there is to help you. Chances are Excel pull out at the last moment rather than risk getting shown up for not having planning for example.

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Name of the Claimant: Excel Parking Services LTD

 

Claimants Solicitors: BW Legal

 

Date of issue: 07/12/2018

 

Date of issue: to acknowledge - 25/12/2018

 

date to submit defence - 08/01/2019

 

Particulars of Claim:

 

1.The Claimant's 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 26/09/2016 (Issue Date) at 18:42:53 at Cavendish Retail Park Keighley. The PCN relate to (Car Make) under registration (Car Reg).

 

2.The terms of the PCN allowed the Defendant 28 days from 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 annum a daily rate of 0.02 from 26/09/2016 to 06/12/2018 being an amount of £16.04.

The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions.

 

What is the value of the claim: 251.04

 

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: Private parking company.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment: I had a 'Letter of Claim' sent 26 Oct 2018 notifying me that BWlegal have been instructed by Excel Parking Services to commence legal action.

Edited by dx100uk
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brill

ok now do as post 5

 

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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so you have had previous communication about this.

Telling us everything makes a big difference because knowing that you got a PAP letter meand you have to change your CPR 31.14 request and also levaes it open to question why you didnt respond to the PAP letter.

So scan that up for us to read as well.

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I have acknowledged the claim online using the moneyclaim.gov.uk website.

 

For Clarity:

I did get a PCN on my windscreen.

I did receive communication in 2016/17 relating to requests for payment none of which I have retained. I destroyed once I thought they had given up.

I received a 'Letter of Claim' dated 26/10/2018 from BW Legal.

I received a 'Claim Form' dated 07/12/2018 from Northampton County Court.

I received a 'Notice of County Court Claim Issued' dated 07/12/2018 from BW Legal.

Letter of Claim p1.JPG

Letter of Claim p2.JPG

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**Correction**

For Clarity:

I did not get a PCN on my windscreen.

I did receive communication in 2016/17 relating to requests for payment none of which I have retained. I destroyed once I thought they had given up.

I received a 'letter of claimicon' dated 26/10/2018 from BW Legal.

I received a 'claim formicon' dated 07/12/2018 from Northampton county courticon.

I received a 'Notice of County Court Claim Issued' dated 07/12/2018 from BW Legal.

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get post 5 done

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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you dont often get a PCN on the windscreen, they use ANPR most of the time so that will be no get out unless they say they ticketed the car and then cant show this to be the case.

so, were you there on that date?

If not can you supply any evidence that you were elsewhere because they unfortunately only have to say you were there and that will be taken as being gospel unless you can show otherwise.

get the CPR request off as their failure to supply the info will be damaging to them later on.

 

then get some pictures of the site and its signage.

Dont forget what we said about VCS and Excel so look for signs that are different to those at the entrance and look for anything that doesn have Excel on it

Edited by dx100uk
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I have been reading the forum and other defence statements. I feel I need to read as many as I can before deciding upon my defence.

I am also thinking I need to see what information they hold on me before I submit a defence.

 

So I am thinking I need to:

Read as much as possible to help me for a defence strategy.

Get a CPR 31:14 request sent by recorded delivery to the solicitors as soon as possible.

File a defence prior to day 33.

 

A couple of questions:

How many CPR 31:14 requests can be sent?

I am not thinking about sending a loads but do I need to make sure I don't miss anything from my initial request?

I have read that if a claimant does not respond to the CPR 31:14 request in a timely manner this in itself can be enough to dismiss a claim. Any thoughts on this?

Regardless I will not leave this to chance and I will prepare a defence in advance of the response if it appears at all.

 

Once I have an idea of my defence should I post it up here for you guys to review?

Thanks

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you seem to be going off on tangents...

 

all you need to do is contained in post 5

you only need ONE cpr the one in the link in post 5

 

your defence will be the std 2 or 3 line one on all the pcn claimform threads in this very forum.

 

you have to date WASTED 10 of your 33 days wandering around reading stuff

post 5 should have been done FIRST.

 

get it done NOW

 

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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Normal 1st-class post (but get free certificate of posting)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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from the PO counter

 

have you 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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get the acknowledgemtn of service done before you do anything else, fail to do that and you lose regardless of how brilliant your defence would have been and how rubbish their claim is.

 

the request of for documents they have relied upon to make their claim so you cant just go fishing for anthing you think they might have, if they havent said anything about it in their claim then you arent entitled to see it.

 

What you are actually asking for is proof of their right to sue you by sight of a couple of vital permissions. They wont respond but you can then force the issue at court and if they havent got yhem by then they lose

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it will be the std 2 or 3 line defence in almost all PCN claimform threads in this very forum yours is in.

 

defence not due till / by 4pm 8th jan

 

pers i'd forget about it somewhat and go enjoy xmas / new years unless the claimant or their dogs send you anything in the meantime.

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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yep, come back here a couiple of days beofre and we can have a look at what you wnat to say. It is just an outline for the moment so a simple denial that a contract was ever formed will do. The lack of response to your request for documents will also be helpful in creating a doubt on whetehr they have a right to sue you in the first place

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