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    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
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Lowell BT Claim Statute Barred or not?***Claim Discontinued***


agirllikeme
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So I've got a small claims directions questionnaire, I checked the link as advised but was wondering whether I should agree to mediation? Would it not go against me if it went to court and I had rejected this? Would it not also give me a chance to explain or should I just leave that if they take it to court?

In terms of filling the form in is the following correct?
- Section C -Yes to small claims track
- Section D - my local county court (I'll name which one) What reason do I put as to why?
- Section D2 - Evidence of an expert No
- Section D3 - Witnesses 1 (myself)

 

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yes to small claims

no reason needed

1 wit you.

 

3 copies 

the one to their sols you can omit sig/phone/email

 

 

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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15 hours ago, agirllikeme said:

So I've got a small claims directions questionnaire, I checked the link as advised but was wondering whether I should agree to mediation? Would it not go against me if it went to court and I had rejected this? Would it not also give me a chance to explain or should I just leave that if they take it to court?

 

Nothing to mediate over given the debt is statue barred

In terms of filling the form in is the following correct?
- Section C -Yes to small claims track
- Section D - my local county court (I'll name which one) What reason do I put as to why? Your the defendant and all claims are transferred to the litigant defendants home county court
- Section D2 - Evidence of an expert No
- Section D3 - Witnesses 1 (myself)

 

Andy

 

 

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  • 1 month later...

Varies by County court and work load.....but you should receive your N157 Notice of Allocation within 2/3/weeks.

We could do with some help from you.

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  • 5 weeks later...

Quick update:
- I have a court date of 5th August 2019. 
- They have until 8th July 2019 to pay the fee or file for help with the fees. 

- I have to submit documents that I will use as defence at the latest 14 days before the trial date (I make this 21/07/19)

- Lowell have responded to my statute barred defence saying that a payment was made on 16/07/13. They've said they're satisfied there is a valid claimed and requested either payment in full or a Tomlin order. I can put a copy of the letter up if you need it - seems like a very standard response though.

 

So what do I need to prepare? 

 

I've submitted another SAR to BT for the change of name documents and any correspondence but "The information you have requested is in a different name. As this is not your own personal data we cannot provide this without the third parties consent." How do I get round this? I can't prove the name change without something showing that it was done. 

 

As always any help would be appreciated. 

 

 

 

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lowells always invent phantom payments.

 

but...even if they do exist,

they were not made by you

nor from a bank account in your name

nor with your express written permission.

 

you don't need that data really

 

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 need to prepare a witness statement from yourself which particularises your defence in your own words...along with any exhibits you wish to rely on in support of your defence.

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 OTHER

 

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Is there any guidance on what I should include in my witness statement or how to lay it out?  In terms of exhibits I have an email chain showing I was moving into a different address but I can't get a copy of the actual contract due it being over 7 years ago and the record no longer being available. 

 

In Lowells letter suggesting a Tomlin order they have put "Due to the pending action, we should be grateful if you could contact our offices within 14 days from the date of the letter to confirm your intentions."

Is there any point in contacting them? Would it look bad if I didn't?

 

DX - the payment does exist but as you say it wasn't by me. Do I need to prove that?

 

Apologies for all the questions. 

 

 

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There are plenty of examples of witness statements in most court claim threads...which proceed that far.We normally advocate you wait until you receive the claimants statement/evidence before drafting a response.....in some instances they file very late not allowing you time or dont even file at all when they intend to discontinue the claim.

 

You only contact them is you wish to accept their offer of a tomlin order...otherwise no you dont.

 

Andy

We could do with some help from you.

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Given that you submitted our Statute Barred defence......your  statement will be quite brief and in support of statute barred...so look for similar threads were the debt was statute barred.

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 OTHER

 

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  • 4 weeks later...

Final update!

 

I have just got off the phone with the local court to check whether the court fees have been paid (they had until 2pm on the 8th July) and they haven't. Lowell have sent them a letter advising that they have discontinued the claim! I've not received confirmation of this from Lowell yet but thought I would update here! 

 

Thank you all so much for your prompt responses, excellent advice and pointers to relevant examples! It really has been a massive help. 

 

 

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Excellent...thread title updated.

 

Please consider making a donation to help us to continue to help others like you.

 

Well done

 

Regards

 

Andy

We could do with some help from you.

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  • AndyOrch changed the title to Lowell BT Claim Statute Barred or not?***Claim Discontinued***
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