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    • That is a big improvement Dave and I do agree that it s best to leave it till the last moment to prevent VCS from countering your WS. [usually using doubtful logic that can't be easily argued against in a Court atmosphere] However my first post [no. 32] about the contract is the one that really exposes Jake's flummery and calls into  question jost how close he comes to committing perjury. And that is what hopefully VCS will not want questioned by a Judge. 
    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
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lantern/moriarty claimform - old QQ debt.** Claim Dismissed** - now chasing again!


swt61
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hi All. Well ive scoured now the site and looked at loads of witness statements but I cant seem to get my head arround what I need to do for my case. i am completey stresssed beyond all belief. I feel i cant do this im at a tottal los 😫

 

Id hapily pay some one to help me

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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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We simply dont have time to spoon feed swt61...at least attempt and have a go and post it here for opinion.The starting point to drafting a statement is to have the claim particulars ...a copy of your initial defence.......and a copy if the claimant's statement if received in time before submitting yours.

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Good Morning all,

 

ok ive taken a day off work today to try and get this done hopefully I can finalise this today

defence 1.pdf WITNESS.pdf

 

all of my previous correspondance received from the claimants have been previously uploaded inc the cca that was the wrong one totally different agreement

 

hello again, do you think this witness statement better suits my needs

witness 2.pdf

 

Good evening anyone around to advise please 

 

I’m a bit confused as to no response has anyone actually seen my post 😩

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On 07/10/2019 at 21:07, Andyorch said:

Check with the court on the 17th Dec that the claimant has paid the hearing fee.....this is usually a good sign of how matters will proceed....if they have not paid the claim will be struck out ....demand it be struck out as per the Notice of Allocation.

 

Example Witness statement...the following is for a credit card not fixed loan as per your agreement...but it will give you an idea.

 

Witness statement Lob.pdf 137.51 kB · 9 downloads

 

Regards

 

Andy

no rush yet not due for 3 weeks

as per andyorch's information above

 

i'm sure we'll get time before then.

 

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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Hi thanks for a reply, yes I know I got a bit of time yet but it can be one thing I wipe off my list to do as I don’t get much time to be able to dou it. I can then just slowly prepare a file ready in plenty of time for the court

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The later you leave it the more chance you have of receiving the claimants statement...which you can then use as a guide to refute their main points of claim.Drafting a statement in the absence of the claimants really leaves you in no mans land because you are not aware of their main points of claim on which they will rely on...or which you must refute.

 

Also as previously advised if they dont pay the hearing fee on time and they dont file or serve a statement on you....its a good indication that they do not intend to proceed so all your work has been in vain.

 

However it is good to be prepared and have a basic statement in case they do pay and do file at the death..leaving you little time to respond and counter.I think a mixture of the two you have already prepared would be the way forward however your point 1 with regards to hearsay evidence wont come into play until you actually receive their statement and if in fact they are relying on hearsay evidence..

 

Just for information Moriarty do not attend hearings they litigate using and relying on CPR 27.9

 

Non-attendance of parties at a final hearing

27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

(2) If a claimant does not –

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out(GL) the claim.

So and if you do receive their statement it must include notice as per above.(CPR 27.9(1)

Andy

We could do with some help from you.

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  • 2 weeks later...

Well time is fasy running out for my witness statement nothing off anyone else yet.

 

Can someone please now advise which of the statements I need to send to the court as I’m in work now until the 7th So no time left so really starting to panic now 

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Go with the one in post #100 but remove point 1 about hearsay evidence.....the claimant has yet to serve you their statement.

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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 OTHER

 

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don't forget moriarty never turn up so should be a walk in the park.

 

 

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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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Good morning all,

I will be putting everything together Tuesday to get to the court for Thursday, can I drop it into the court myself?

 

also I have to send the claimant a copy of my defence but do I send just my witness statement to them or all copies of everything I have ?

 

one of the things I have is an incorrect cca which they sent me which was not for this orig PDL they messed up and sent me a totally wrong one so ideally or give them advance notice of that,

 

thanks

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yes.

 

same you send to the court.

 

you cant hide things nor rely upon anything not in your WS ....in court

 

 

 

  • Thanks 1

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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read the n157.

 

 

  • Like 1

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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Ok thanks got that now , same date so will send next day proof of posting. Do I need to include proof of previous posting labels for previous letters sent please?

 

thanks

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Only if you have referred to them in the statement as an exhibit.

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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 OTHER

 

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Afternoon everyone, ok here is my final draft of my witness statement obviously every other document i have previuosly posted up on here will be attached,

 

I dont think I need to do another combine to show everything I have to show you ?

 

 

witness FINAL.pdf

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Nothing in there about CCA/CPR 31.14 requests or responses....and why what they have disclosed is not acceptable as a true copies as you phrase it? 

We could do with some help from you.

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Oh I thought I’d done that as in section 4 

 

I have to print and finalise this tomorrow and then get it to the court and post to dcs as I’m working away and can’t do it after that 😥

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4.Disclosures
The claimant has since complied and disclosed various documents however unable to comply with disclosing:
A True copy of the original CCA for the account showing how the defendant has reached the amount claimed for,
A True copy of the default notice/termination notice,
A True copy of the legal deed/notice of assignment showing the claimants legal right to take action.

 

Thats just a statement .....your opinion...now you have to convince the judge why they are not true copies and which legislation you will rely on.

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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