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    • I unexpectedly had a couple of hours free this afternoon and thought I would have a bash at helping simeon drafting his counterclaim.  Everybody please feel free to comment on and - hopefully improve it!  (In particular I am not sure if I've got the terminology correct vis a vis counterclaimant and defendant - so that may need correcting).   I am aware that Andyorch and BankFodder often stress the importance of keeping POCs to the bare minimum so as not to give away your case too much.  Whether I've given too much detail - or not enough - here, I don't know.  As I say, it's free to be pulled apart, but simeon seems to have nothing else.   Paras 1 - 16 (in black typeface) are simply a precis based on what has gone before and I've used them to put the counterclaim in context. Paras 17 - 19 (in red typeface) are simply my attempt to provide a basis for simeon's counterclaim.   At the end of the day this is simeon's documant - nobody else's.  simeon has to satisfy himself that it is both accurate and true, and also says what he wants it to say.  He will also have to order and sort out any attachments.  As I said earlier, I'm NOT giving legal advice!   Here goes... ===================================================================================================== Counterclaim   1.      The defendant agreed to undertake building work (Project 1) at the counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously removed chimney breast and, c. To install a new beam to the patio door.     2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the counterclaimant and that the defendant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the counterclaimant provided the defendant with a full copy of the structural engineer's report which detailed instructions to the defendant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.     5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the defendant's work. The second payment would be paid at the halfway point of the defendant's work. The final payment would be made on completion of the total works.   6.      The defendant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the defendant asked the counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The defendant also stated that Project 1 was approaching mid-way and the counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the defendant’s work but the defendant was absent.  The inspector was obviously very displeased by the standard of the defendant's work.  The inspector spoke to the defendant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the counterclaimant’s structural engineer with his findings and the counterclaimant should hear from the engineer soon.   9.      The counterclaimant passed on the Building Inspector’s instructions to the defendant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The defendant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the counterclaimant to do the necessary work and this company was engaged by the counterclaimant to complete the necessary piling at an additional cost to the counterclaimant of £3300. (See receipt at Attachment1).     11.  The defendant asked if the counterclaimant needed any more work to be done and, despite the problems encountered on Project1, the counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.     12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the counterclaimant had occasion to make several complaints to the defendant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the defendant demanded payment for that work.  After a period of negotiation the counterclaimant agreed to pay him £2000 on 18 August 2020.    14.  The counterclaimant subsequently paid the defendant  £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.     15.  It later came to the counterclaimant’s attention that the defendant had removed material (including a steel beam) from the counterclaimant’s property that the counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When challenged the defendant admitted he had done this.  The counterclaimant has included the value of this material in his counterclaim detailed below.   16.    On 21 September 2020 the counterclaimant highlighted and sent a snagging list to the defendant (Attachment 2).  Over a month later the defendant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Attachment 3).  All of this snagging work remains undone by the defendant.     17.  Apart from the outstanding snagging work referred to in para 16 above, the defendant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at Attachment 4.   18.  During the course of carrying out work on Projects 1 and 2 the defendant also negligently caused substantial damage to the counterclaimant’s property (as itemised in Attachment 5) by not executing the work with the skill expected of a reasonable tradesman.   19.  The counterclaimant seeks an order from the court directing the defendant to pay to the counterclaimant the sum of £nnnnnnn {Simeon - put in the actual total amount here} in respect of:   (a)   the cost of the piling referred to in para 10 above which the defendant could not undertake and another contractor had to be paid to complete; (b)   the cost of completing work the defendant had left undone from Projects 1 and 2; (c)   the cost of remedial work to put right the damage negligently caused by the defendant and referred to in para 18 above; and (d)    the cost of the steel beam referred to in para 15 above.   A receipt in respect of item (a) - see Attachment 1 - and two priced quotes in respect of items (b) and (c) - see Attachments 6 and 7 - are attached in support of this counterclaim.     =================================================================================================================   What I'm not entirely clear about are two points.   First, it's not 100% clear to me whether simeon can properly claim the £3300 in paras 10 and 19(a) or not.  What I mean is, simeon is arguing that this work required by his structural engineer was always within the agreed scope of Project 1.  But it's not clear to me if it was within scope or whether it was entirely new and unforeseen work.  As I see it simeon can only counterclaim this amount from the builder if it had already been incuded in Project 1.   Second, the basis of the counterclaim still seems extraordinarily thin to me.  Is it sufficient at this stage just to allege that the builder caused any damage negligently and is therefore liable to pay to put it right.   That's it from me I think...    
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armtrac windscreen PCN - Lusty Glaze private car park cornwall


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Hi 

 

Just got a yellow sticker slapped on my wing mirror for parking on private land.

 

I thought I was in the car park

I even paid at the machine

 

turns out this was the car park next door 'lusty glaze' Newquay Cornwall.

 

I was there 90 mins

had my ticket (in view) and there fine saved.

 

I was there with wife and 2 kids and don't need glasses so guessing I can appeal/ignore..

 

But thought I'd check here first I have 14 days to pay 60 before it goes up to 100.

Thanks in advance 

 

Jon

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its not a fine!!

its a speculative Invoice for breaking some imaginary private parking contract .

 

please complete this:

 

 

and scan up your ticket to ONE pdf file only

read upload

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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start again at the beginning but with some detail and facts added to the complaint.

 

WHO issued the ticket and

how did you get it

- slapped on the car

or sent through the post?

 

Dates

- what was the time and date of the event and

when did you get the ticket on the vehicle ( time on ticket is vital)

 

Get some pictures of the car park entrance and

the signs there,

the ticket machine and

also do the same for the car park next to it that you thought you were in.

 

Dont be tempted to respond to a screen ticket yet,

let them send you a notice to keeper through the post

then post that up here as well

 

many of the parking co's get the wording wrong and so dont create any liability for you to pay them.

 

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Welcome to the Forum.

 

I am pleased you found us before making and moves with Lusty Glaze.

Please do not appeal it is far too early in the process for that and may result in you admitting that you were the driver rather than the keeper thus losin much of your protections

 

Also the parking companies have to comply with certain Laws and regulations  which can scupper their claim if they get it wrong-and they often do.

 

Do not worry about missing the discount period as you won't be paying them a penny.

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Hi sorry I'm using mobile so might be messy to read.

 

I've attached the ticket and it's a PCN Il try and go back and capture entrance and machine.

 

What amazed me was I got ticket at 15:21 and PCN 7mins later!

 

It was a 5-10 min walk with kids to pay and display!

They are vultures! (not the kids lol) update to morrow.

Thanks all. 

 

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and dont forget the Q&A link too

PDF 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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dont lose the tickets and photograph them now so if the thermographic paper fades you still ahve a true copy.

Wait until you get back from holiday to answer all of teh questiosn but do take pictures of the signs and aprking meter in the car park paying special attention to the wording on the payment meter itself.

Best do this whilst you can

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  • 2 months later...

Hi all

Thought I got away with this one but got the increase £100 fine letter turn up I've redacted personal address liscence but the address on this letter was incorrect (right number and postcode though)

 

I've bundled everything I have into one pdf do you think I can get out of this honest mistake?  

 

You can see in the photo entrances are close together, I used first one on left by mistake and highlighted end of carpark roughly where i parked in red. 

 

..Incidently this letter arrived at same time as speeding ticket :-( 36 in a 30mph but I know that was my fault...

 

THanks in advance

lusty_glaze_Parking_incident_small.pdf

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Complete post 2 questionnaire please

 

and where does it say its a fine 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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thanks @dx100uk I think you mean these questions?  Also its a parking charge not a 'fine'

 

For a windscreen ticket (Notice To Driver) please answer the following questions....

 

1 Date of the infringement 31/7/2019

 

2 Have you yet appealed to the parking company yet? N

 

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it

Did the NTK provide photographic evidence? NO

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] NO

 

3 Date received (CAR Stickered 31/7/2019) letter asking for £100 charge received 11/10/2019

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] n/a

 

5 Is there any photographic evidence of the event? don't know but i took photos

 

6 Have you appealed? [Y/N?] post up your appeal] N

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? armtrac security services

 

8. Where exactly [carpark name and town] Lusty Glaze Beach carpark, newquay, cornwall

 

For either option, does it say which appeals body they operate under. 'independant appeals service' 

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here just the letter yesterday saying appeals timescale lapsed now 100 pounds due... attached in previous post and again here

 

 

 

 

lusty_glaze_Parking_incident_small.pdf

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  • dx100uk changed the title to armtrac windscreen PCN - Lusty Glaze private car park cornwall

so they didn't even bother to send a NTD 

cant see this going anywhere.

 

as for the speeding ticket start a new thread in the speeding forum.

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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You have been identified as the driver so there is no need for them to send an NTK.

The windscreen ticket does not have a valid address -just a PO box.

 

The photos you have are not really much help to us. We need to be able to read what they say since it is those notices that can help decide whether you were offered a contract to park there or not. 

 

I suggest you keep the ticket since they should have allowed you 10 minutes grace before ticketing  your car.

 

I am not sure why it took almost 3 months to contact you after their alleged offence.

No point in appealing as they do not acknowledge mistakes ever as being a reason to cancel a PCN. 

 

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so lets be clear about a couple of things- you were advised not to contact them in any way, have you done so? a simple yes or no will do.

 

If you havent then this letter is the NTK and hasnt been sent out in time so they cnat create a keeper liability.

the letter itself lack certain key phrases to make it a legal NTK so doesnt create ANY liability, even if they know you are the driver by being named for example

 

the signage etc at the site is so poor it wont get past a judge and has been the object of other cases that went that way so qutong these at the appropriate time will do for them.

My advice is as long as you havent dropped yourself in it is to still maintain radio silence for themoment unless you fancy complaining to the town council there about Armtrac's unlawful harassment of the innocent

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  • 3 weeks later...

Thanks @ericsbrother staying silent so far :-) I can't get anymore pictures unfortunately,

I do hope 10 min grace period is a thing, as I know i've evidence for this. 

 

I got the final letter before legal proceedings today sent by recorded signed for delivery (wife signed for it) the address was incorrect again my business address not addressed to a named individual, wrong street name, an extra street name but correct postcode...

 

Latest letter attached redacted address and reference number. 

I'll probably see this through to the bitter end - like to think common sense/decency will prevail...

 

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that is NOT a letter of claim ignore

 

images/posts removed
.
please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

.
that way only logged-in,registered and approved caggers are the only ones that can download and see them
.
else anyone can see them caggers or not.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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the incorrect address bit is interesting for 2 reasons, firstly the improper processing of your personal data and secondly they wont have served the letters on you in a legal sense.

 

now their suggested court bill includes a bit of double dipping and adding costs that are not allowed either by the POFA or by civil procedure regs so that will be a letter they wont want to use as evidence themselves. Keep it safe.

 

I also note that they have sent  the demand rather then the solicitors.  This can mean that either the solicitors dont want to push this further or Armtrac intend to represent themselves and thus have a fool for a client ( to quote an old saying).

 

i hope your postie keeps redirecting the letters though or you could be short on tiem to res[pond if they do fancy a go.

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  • 1 month later...

Hi All,

Finally got the legal side chasing me now I had both these letters delivered in same envelope (hopefully ledgible pdf attached)

They want me to get in contact by 1st Jan... what should I do? 

 

Keep ignoring as mail not addressed personally to me or my accurate address?

 

Get in touch and advise im not paying as ticket issued within 10 mins of arrival before realising my mistake?

 

Something else?

 

parking fee now £160...

 

This is the scary bit from the legal letter:

Next stages - County Court Proceedings 
If you do not make payment of the balance or contact us with a valid reason for non-payment, then, in accordance with the Pre Action Protocol for debt claims, we will issue a Pre Action Protocol letter before claim, and on expiry take our client's instructions to commence legal proceedings against you without further notice. Should legal proceedings be issued against you, you may then be liable for additional Court Fees, solicitors' costs and statutory interest. We would like to avoid you incurring these additional costs. Further to this if our client is then successful with the claim and obtains a County Court Judgment ("CCJ") against you. this CCJ may be recorded on your credit file for 6 years, which may affect your ability to obtain future credit. 
What do you need to do next 
It is important that you contact us within the specified time so that we can work with you to resolve your account. One of the quickest ways to review your account is to register on our Customer Portal by visiting 
http://www.bwlegal.co.uk. Through our Customer Portal, you can make a payment, set up plans advise us of any valid reasons for non-payment, upload documentation and communicate with us via web chat. Call us today on 0113 323 4479, we are keen to assist you and settle this matter without the need for legal proceedings. One of our helpful agents will be available to discuss all the options available to you.

 

Merry Christmas everyone!

Lusty glaze legal.pdf

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so you've not been reading up since july?

 

its not a letter of claim

await that 

 

in the meantime use our search 

BW PCN letter of claim

 

then you'll get the idea what to do next..

use our custom google search box

which comes up after hitting the top squares logo.

 

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 dx

Ok not reading up as most advice has been maintain radio silence and inferred 'it will be ok' however I've just been researching myself found some suggested letter replies for the future when the actual letter of claim comes through.  Is that also known as LBA?

 

I've just emailed cornwall council too trying to arm myself if I have to...

 

Fingers crossed I get a letter informing they are no longer pursuing if I can legitimately threaten my own legal preceding for breach of DPA at a minimum?

 

 

Edited by paidndisplaid
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Radio silence doesn't mean you dont research information and tune around and listen/read.

Ericsbrother snotty letter time if you do get a letter of claim

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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You need to respond to this so something like,

 

Dear BWL,

I hope you dont mind me calling you this as you dont seem to be able to spell your actual name although Sean isnt that hard to write.

Any debt to your client is denied, they clearly have forgotten about their ATA enforced grace period and also dont seem to comprehend that when you have bought a ticket there isnt a breach of not having one to consider. You might also like to know their paperwork is laughable and loses them their right to claim from the outset.

Still, any company desperate enough to hire the parking worlds second worst solicitors surely lack any sense of reality but they can be sure that any claim will be robustly defended, a full costs recovery order sought for their unreasonable conduct and possibly a claim made against them for breach of the GDPR for accessing and processing my persona data when they had to reason to do so as per VCs v Phillip, Liverpool CC 2016.

I look forward to a deafening silence from you and them from now on.

 

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I think that ericsbrother might have meant to write 'processing my personal data when they had no reason etc' in the second to last line.

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My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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  • 1 month later...

Hi all,

I have to reply to this 'LETTER OF CLAIM' I'll just write a letter similar to the one a couple of posts up.  Do i need to be providing reasons/evidence to BWL in detail?  my main reasons being:

  • Should have allowed you 10 minutes grace before ticketing  your car.
  • The windscreen ticket does not have a valid address -just a PO box
  •  improper processing of your personal data no individual named and wrong address - Luckily post redirected, therefore not served the letters in a legal sense.
  • At the time of the alledged infringment I don't believe Armtrac Security (KBT Cornwall Ltd ) have planning permission for any equipment located at Lusty Glaze Beach or planning consent for its misleading signage.

Letter attached and there reply form attached.

 

thanks in advance.

BW Legal Jan 2020 - redacted.pdf replyform.pdf

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