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horizon/gladstones windscreen PCN claimform -Bromborough croft retail park .***Claim Discontinued***


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Received court letter today to file a defence with the court & the claimants solicitors is this ok to send

 

the image of the sign show membership of the BPA and you are not part of them.

You are not POFA compliance to create ANY liability let alone a keeper liability. 

You didnt let me use POFA to appeal so I am asking the court to send it back there (but of course as you are not part of BPA members they cant so would ultimately be in contempt of court.

You have breached the GDPR by telling lies to the DVLA to get my keeper details.

You have refused to show the contract with you and the landowner.
 

Ps I have already sent a CPR request and not received nothing back

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you already filed your defence months ago.

you mean you have a court date and need to exchange WITNESS STATEMENTs by 14 days before the hearing date?

 

 

 

 

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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well then tell us properly not your interpretation of what the letter says!!

 

whats the court date?

what date does the claimant have to pay the fee by?

 

PS that's NOT a WS you filed earlier, far from it.

 

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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Notice of Allocation to smalls claim track ( hearing )

 

 

the final hearing is 16th December

 

the trial fees are non refundable , does not give a date for fees , it says if parties settle before the trial fee id due then the trial fee will not be payable , if a consent order settling the matter is requested after the trial fee has been paid then the consent order fee will be payable .

 

 

 

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Court Directions are issued by the Local County Court (N157) Notice of Allocation...and as paying hearing fee is a direction its not shown on the MCOL console as its already been allocated out.

 

You can ring your local county court nearer the date to see if the hearing fee has been paid.


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  • 2 months later...

hi my brother has now received a response from Gladstones solicitors .

firstly the 1st page is from company's house showing when his business started and ceased and dates when a new business was set up .

they have also sent pictures of the van and all the signage on the croft retail park plus all correspondence from him and horizon.

they have also sent contract information

also they have sent a claimants witness statement a 3 page document from the land owner

 

just wondered what he should do next

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in other words the claimants' witness statement

 

you need to scan it ALL up to ONE multipage pdf

read our upload guide carefully esp the use of pdf merge and pdf reducer websites.

 

scan up each page to a .JPG picture file.

redact each page using any photo manipulation software to obscure ANYTHING that could be used by the enemy to recognise this is you here on CAG seeking our help jeopardising your anonminity here.

leave in all times and dates and names and address that are not YOURS.

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 no proof of payment of the contract since 2014 then:lol:

 

sorry for the confusion over the company house pages.

 

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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they are wrong when it comes to liability of company B for company A's debts. If that were true then anyone could sue Galdstones solicitors and Will and John personally for the wrong doings of IPC members by claiming they are all in it together.

 

There is also the issue of whether a company can ever have a liability under the POFA as if the contract is with the driver - so they need to prove the driver and the company are one and the same.

 

With a one man band this is not impossible but showing a personal liability for a company that doesnt exist?  not seen it happen other than in cases of criminal deception etc.

 

Now courts have gone both ways on a company or its director being liable for its employees actions but that isnt applicable here.

 

The WS makse it clear to me that they are not relying on case  law to make their case but fishing for a decision in their favour based on "its not fair"

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you've already filed your defence

 

you've got to file your witness statement just like they have 

this must be with the court by 2nd December by 4pm.

 

luckily you have their WS so should be easy POINT BY POINT to pull apart theirs with the info EB has given you above

 

 

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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Hi I am new to all this so is this ok for my witness statement 

 

The company did not exist at the time of the PCN so there can be no one to sue.

 

A debt can not be passed on to a new incorporated ltd company from a ltd company that has been dissolved, all debts are dissolved at the time of the company being dissolved.

 

A company can not be sue'd under POFA it's the driver

 

Is this ok

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use our search

type in

 

PCN witness statement.

 

that gives you the format [like theirs is done]

 

respond to and ref to their points [the para numbers]

 

in relation to the claimants point xx on their witness statement..

 

make your reply.

 

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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Do I really need to do a witness statement ??? Because I clueless with all the technical wording I don't know were to start.

Will it go against me if I dont file one or is my defense statement I have filed to the court enough.

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Its not got to be legalese at all just plain english as EB used here but it simply needs fo be in the correct format as theirs is

numbered etc

thats all!!

 

very easy on parking claims

 

no ws = you will lose!!

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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Is this ok for my witness statement 

 

I ****** ******* was the director of ****** ****** 

 

1. I was the director of the above company which was dissolved on **********

 

2. I feel that with this parking charge being after this date that it cannot apply as the company did not exist, and debts cannot be passed on to a new incorporated company.

 

3. I did respond to the solicitor over this matter explaining that the company no longer exists.

        Statement of truth 

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matters not what you feel.. that's immaterial 

state facts not feeling.

 

 

im sure eb will help fluff this out

as that is a bit bare.

 

 

 

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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  • 4 weeks later...
In the Birkenhead county court claim no 
 
 
( defendant )
 
And
 
 ( claimant )
 
 
I .................. was the director of ............ until it was dissolved on the ....................
 
1. There is no cause for action as the company you are trying to sue no longer exist nor does its liabilities.
 
2. This was a photographic capture so no information about the driver was gleaned at the time.
This claim is an abuse of the law, its process and English language by issuing a NTK tried to create a keeper liability but failed to follow the protocols of the POFA so none exists.
 
3. The claimant has failed to show any locus stand in the matter as the contract they have produced that allows them to manage the site expired in 2014.
 
4. The claimant does not have the necessary planning permission for the signage and equipment as required under the town and county planning act 2007 and it is a criminal offence and it is not possible to enter into a criminal compact with the claimant even if one wanted to.
 
Statement of truth
 
I believe that the facts stated in this witness statement are true
 
Signed ..............
 
 
Print .................
 
Dated ...............
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On the day of court the judge said all I need to do is sit there & smile, because there is no one to sue as the company does not exist.

The claimant said he's never heard of nothing like this before, & is now wanting to sue for costs.

All that concerns me now is the judge has advised me to seek legal advice, before the next court date.

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