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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
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Link Parking PCN n- ow gladstone letter of claim - used Incorrect machine for area - Llynfi Court, Llynfi Lane, Bridgend ***Claim Discontinued***


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Hi All,

I have received a letter today off BW Legal informing me that a claim has been issued on the 21st December 2020 for this parking ticket

 

I have not received the claim form or a letter sent by them on 15th December stating they will be issuing a claim. 

It looks like I am now outside the 28 days to acknowledge the claim so am unsure of what steps to take now. 

 

Could someone please advise on what steps I can take.

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Could you post up the letter redacted as PDF. has it any reference number for the claim they issued on it

We could do with some help from you.

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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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haven't moved have you?

 

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 point DX, althogh would they try a previous address backdoor if they had the correct new address?

We could do with some help from you.

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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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Hi I have not moved and find it very strange I did not get the letter on 15th.  I have just spoken to the court and they are e mailing me the pack and have told me to get my defence in as soon as possible as technically I am out of time. What a joke.

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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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As time is of the essence also start drafting a defence.  It only has to be very brief & generic, just a few lines.  Look in the PPC Successes thread at the top of the page, start from the last page and look for threads with "claimform" in the title.  There will be lots of examples of defences.  

We could do with some help from you.

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Use the online MCOL once you have the pack for AOS.

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

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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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You dont need too

if you have the poc now just  do my last link please

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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Name of the Claimant :Link Parking Limited

 

Claimants Solicitors: BW Legal

 

Date of issue – 21st December 2020

 

Date for AOS - 9th January 2021

 

Date to submit Defence - 22nd January 2021

 

What is the claim for

 

1. the claim is for the sum of £114 being  the contractual charge due from the defendant in respect of a parking charge notice (pcn)  for a contractual breach which occurred on  **/**/**** in the private car park/land at  lynfi court - lynfi lane bridgend cf31 1su.  in relation to a ford fiesta   registration mark *******.

 

2. the pcn was issued as the defendant failed to comply with the terms and  conditions, as displayed.  

 

3.despite demands, the charge remains unpaid.  

 

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 26/02/2019 to 14/12/2020 being an amount of £**.**.  the claimant also claims £60.00 recovery costs as set out in the terms and conditions and in the ata aos code of practice

 

What is the value of the claim?£248

 

 

Amount Claimed £173

court fees £75

legal rep fees 

Total Amount £248

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Have the court said its OK to submit a defence as you never had the claimform?

We could do with some help from you.

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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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do you have the MCOL Password?

if not go ring the court again and get it or get them to reset it

you need access to MCOL to do AOS and file your defence.

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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The court has said to get the defense in as soon as possible as the claimant has not yet activated the CCJ.  They have said to e mail the defense in.

 

The court has told me to contact the claimant for a copy of the claim form, the claimant has said that they dont have it and to ring the court - going round in circles with this one.  I am going to get the defence done asap and e mailed in.

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i said not to phone the fleecers.

 

you have to acknowledged the claim 1st 

get that done by email now today

 

 

you have till friday to file defence...breathe slowdown some.

 

it will help you immensely if you could get Northants bulk to reset MCOL as you don't have the password from the claimform..so you can file online and get updates online as the case progresses. get that MCOL website portal working!

 

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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Phew the fleecers will see a nice easy default go down the toilet .

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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

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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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let hope so, 

did you get the MCOL access sort BW?

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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Email acknowlwdgement as suggested, and say you intend to defend, just hope its not gone through for default judgment already.

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

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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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OK, so if you can't get MCOL to cooperate, e-mail a defence.  It just has to be short & generic.  Post 65 here  https://www.consumeractiongroup.co.uk/topic/410445-ukcpmgladstones-windscreen-pcn-claimform-vista-centre-salisbury-rd-hounslow-tw4-6jq-claim-dismissed/page/3/#comments  is a good starting point (cut out point 1 of the 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 OTHERS

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Yes, you've successfully defended the action, which means that Link will have to produce a Witness Statement and have the gonads to see you in court.

 

They can't just get a default judgement.

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

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