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    • doesn't matter you've admitted about the DN and anyway where have you done that and to whom?   by assignment arrows are the creditor regardless to your acking of that fact or not.      
    • Just ignore the letter.   Block/bounce their emails or let them come through so you know what they're up to, and keep us posted.............   😎
    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • For PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH       For either option, does it say which appeals body they operate under. Yes    …………………..     This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.      My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.    POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.   docs1.pdf
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Hello everyone,

 

I have recently issued a small claim against a company, but do not want to go through with it any further.

 

The defendant did issue a defence and requested for Mediation, but subsequently changed their mind.

 

I was wondering if I can still issue a Notice of discontinuance (N279) form before the case being allocated to a track? If yes, which court do I write down? Should I send this via post to the Money Claims centre in Manchester or via email?

 

I have been utilising the new beta Money Claims service, which does not provide information on the matter.

 

I was wondering if anyone could assist me? I'm new to this and this is my first small claims case.

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Yes you can....a claimant may discontinue all or part of a claim at any time.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38

 

Have you filed your DQ yet ? If not you send it to MCOL Northampton or wherever you issued the claim from.

 

Regards

 

Andy


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I haven't been sent a Notice of proposed allocation form (N149A) as of yet.

 

The problem is the new Money Claims website does not list any mailing address, everything so far has been done on-line or via email. I did not use to MCOL option. Would you know if the address is identical to the Northampton one?

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Oh no.... not another one of the new Test system.

 

Did you use the following....?

 

https://www.gov.uk/make-money-claim


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Send it to CCBC Northampton.

 

https://www.moneyclaimsuk.co.uk/ccbc.aspx


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Yes, I used the new Test system in the link you provided.

 

Okay I will send it to CCBC Northampton.

 

Thanks for your help.

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Another related question

 

If I issue Notice of discontinuance now, would I be liable to the other parties legal costs? Should I pay for the hearing fee and wait just to 100% make sure the case gets allocated to the small claims track before submitting the form?

 

I'm concerned that my case may get allocated down the fast-track route.

 

Thanks

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Just under £4,000.00.

 

My concern is there are personal injury elements, but my claim is solely focused on the contract when the services / goods were sold to me, which did not stipulate all the potential risks that could have occurred.

 

I am only pursuing for a full refund of fees paid for the product, rather than damages incurred.

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Small claims track...CPR 38 is not applicable...but I understand you are concerned that its not yet been allocated as yet.

 

It is and will be assumed its SCT and treated same...therefore you are safe to discontinue...but if your real intention is to reissue an amended claim..then that would require permission of the court..because of discontinuance.

 

So your options are .....

 

Discontinue the claim

Let it go to allocation and dont pay the hearing fee...claim will be struck out.

Or request permission to amend your particulars.


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Hello,

 

I received the following from the Online Court in regards to the defendant issuing a claim for my case to be striken out and want to know how best to proceed:-

 

District Judge xx sitting at the Civil Money Claims Online Court considered the file and made directions.

 

UPON the Defendant having made an application which is not supported by the Online Court and the file being referred to a judge pursuant to the Civil Procedure Rules PD 51R 75

 

It is ordered that:

 

1) The case do exit the Online Court and be sent to the Defendant's Home Court to be placed forthwith before a judge of that court to consider listing directions.

 

2) Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order

 

3) For the purposes of paragraph 2 above, a reference to "the court" means the County Court hearing centre to which the claim has been sent.

 

Thanks

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Simply means its been transferred to your local County Court and the defendants application will be dealt with there...the court will inform you of the hearing date.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/practice-direction-51r-online-court-pilot

 

 

Andy


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I thought you was discontinuing the claim ?

 

Threads merged...please do not start separate threads on the same issue.

 

 

Andy


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Ok sorry I did not know about this.

 

I haven't discontinued the claim as of yet, as I'm still not sure if I should continue with the claim or not. I do have a strong case, but the defendant clearly thinks otherwise. It is just a lot of work trying to organise everything in relation to this.

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Hello everyone,

I have now been sent a letter  notifying me that "The hearing of the defendant's application dated xx to STRIKE OUT CLAIM (see copy attached) will take place at xx on the xx - t/e 30 minutes"

I was wondering if I, as the claimant, had to attend this hearing?

Thanks.

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Looks like you've been shafted and if you loose the application, your up for £1500 of costs as its not been allocated to track. Best bet is a charm offensive on the defendant if you have no case.

 

This is the first cyber judge order I've seen. Didn't know Civil Money Claims Pilot had judges!

 

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 " Didn't know Civil Money Claims Pilot had judges!"

 

It doesent it refers back to MCOL (at the moment) if the claim is defended


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Just an update regarding the above. I attended the strike out hearing and the judge ruled in my favour. I recently received an offer from the defendant, which I am willing to accept. How does one make sure that the defendant actually pays me the money?

 

I will issue a Notice of discontinuance (N279) form as well, but I was not sure in regards to my query above.

 

Thanks

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The only issue is that CPR 38.6 states:

(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

 

As my case has not be allocated to any track as of yet, how does the above work out? In addition, I have a hearing coming up soon to discuss the fact the defendant wanted to introduce evidence in the form of a written report from an expert. How does one get this cancelled as well?

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Thats why I didnt tell you to submit a notice of discontinuance...I told you to inform the court its been settled and they will close the claim ...not you.


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Ok that makes sense. I have another query, if the defendant states "we will pay your costs as entitled under the court rules" how does that work? I assume this relates to the interest accrued for the duration of the case. Will the defendant calculate this sum accordingly and include it on top of the full and final settlement of the claim?

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