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    • Yes print 3 copies......Claimant Solicitor not the claimant....the address will be the same as your Proposed Notice of Allocation. CCMC Salford.   This is to allocate the claim to track...the next stage of the claim process.....as for if you have to pay .....who knows until it actually gets to a hearing and you win or lose. 
    • now I notice 2 things, 1 they have failed so say who the creditor is so they have failed to create ANY liability 2 thay have failed to indicate the location of the alleged incident, Chalon way industrial estate? housing? multistorey car park? the POFA is clear on this, no correct location, no charge. 3 in the second NTK the image of the car leaving appears to be an image of a car entering the car park on the wrong side of the road ( I do this a lot) As the cameras they use are at best 95% accurate this leaves room for doubt that they have actually captured your vehicle in both pictures as entry and leaving  for the same parking event.
    • E&W=England and Wales for correct sign see TSRGD paper on disabled parking and within that fig 6. note layout and size Whilst you are at it look at all of the suggested floor markings and bay sizes. The ones shown dont pass the regulations. That means they have fiale to meet planning regs. So then we look at intent- now they will argue that the intent is clear but then as the layout, markings and signage fail to follow the code of practice they will be considered advisory (as they should be on private land). Can it be true that you can be sued for ignoring someones advice, esp when there isnt a contractual term that says anything about it in the first place? In the fullness of time you will be copying this pdf and using it as evidence. In the meanwhile you stick to the deadlines imposed by the court procedure and if they fail to pay the allocation fee in tiem you ask for the case to be chucked out. At near the end of thsi month you post your outline defence via the moneyclaim portal and state that (1) the claim is denied as there  was no offer of a contractual term to breach in such a manner  (2) the claimant has failed to show a cause for action against the defendant, being the keeper of the vehicle because they have failed to follow the protocols of the POFA so cannot create a keeper liability in this matter.  The claimant has failed to identify the driver at the time (3) the Particulars of claim are so vague  it is impossible to determine what the claimant is actually relying upon to show a cause for action in terms of the location, date of event and how the the amount of the claim (sum of £160) was arrived at and particulary the signage they rely on to form a contract with the public. The defendant invites the court to issue a Case management Order under CPR3.3 to instruct the claimant provide evidence that signage that expressly offers a contract exists as claimed and that this contract was then breached as the defendant believes that the claim has no reasonable grounds and is a waste of the courts resources and should be dismissed if such evidence is not produced.   the last point may well be ignored whislt the paperwork is processed at Northampton as they dont read much of it and it will only be read once it gets allocated to your local court so prepare to get as far as a hearing in any case.  
    • At the end of the day, I tend to agree that they have been more than reasonable.
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thedryad

ols capqust/restons CCJ for part admitted CAT debt - CQ now say i must pay drydens - can they?

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Hello,

a couple of years ago I ignored letters from Capquest due to an old shop direct debt (the original debt was 5 years old, so not SB). 

 

They passed it onto Restons and I ignored them too. 

 

I received a CCJ (in my old name to my old address but it was redirected to me). 

 

I admitted liability and agreed £30 a month. Restons contacted me yo set up a standing order.

 

Months past and I paid every month on time. Financially things got worse so I contacted Restons and offered £5 a month. They reluctantly accepted.

 

Today I receive a notice of assignment from capquest to say that Dresden fairfax are now managing “my account”. That I do not have to do anything but change my standing order to the new bank account.

 

My question is, as there’s already s CCJ in place, can I disputed this and CCA them? Or will that lead to trouble and possibly bailiffs? 

 

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No effect on the CCJ.....just your payment details change.


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In other words - I have to keep paying it? 

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yes you must else you could see yourself back in court

if a CCJ has been awarded [which it will have been as you part admitted..never do that ...note to future readers..]

you cant latterly question its enforceability either, the CCJ is now the agreement and trumps any original enforceability issues.

 

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