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    • Thank you. You haven't told us the values of the insurance work and of the additional work. I'm afraid that your comment about her being Spanish didn't look so good in the context of the other post talking about ethnicity. I would suggest that you stay clear of this kind of talk. You say that the property is leasehold. I'm assuming that the customer is the leasehold. Have you informed the insurance company of this problem? How much of any of this – especially the quotations for the additional work is in writing?
    • I'm just trying to be practical Do A Deal.   Mediate - they will give you few option and maybe nothing - but get rid of the default - off your record not just settled or satisfied.   Whatever you agree to make sure you stick to it or they might be back. Once it's over it will be behind you.    
    • Hi guys,    I got a straight lettr from Debt Recovery plus, and no other notice. the car is leased and I beleive it went to the lease company first. below is the details    For PCN's received through the post [ANPR camera capture]   please answer the following questions.   1 Date of the infringement    26/06/2019   2 Date on the NTK [this must have been received within 14 days from the 'offence' date]   Not sure, as the lease company recieved this. I only recieved a leeter from our registered address on the 11.09.2019 requsting £160, and than further letter on the 20.09.2019 with a notice to court   3 Date received   Not sure, as the lease company recieved this   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]   Not sure, as the lease company recieved this   5 Is there any photographic evidence of the event?   Not sure, as the lease company recieved this   6 Have you appealed? [Y/N?] post up your appeal] Have you had a response? [Y/N?] post it up   No, I have called them to ask for the original notice, and they said they will email this, but this has not happened. this was on the 20th September at 13.49   7 Who is the parking company?   APNR Parking Services Ltd   8. Where exactly [carpark name and town]   Prioiry Walk Service Yard, Queen Street, Colchester CO1 2PL   For either option, does it say which appeals body they operate under.   Does not state this    I fear that I cannot appeal because of the delay from getting it from the lease company, etc.    any help here would be greatly appreacitted   thanks   Irfan Khan     WORKFORCE - 11.9.2019.pdf WESL - 20.9.2019.pdf
    • Neither does your posts as we have already seen .. in posts 7 and 8           and still none.  
    • Hello,   i have recently missed a DD payment to X4L and have incurred a charge from harlands of £25, which i emailed in response to advising not  to take the payment on the next DD date due as advised in the letter received.   i confirmed over the telephone this was the appropriate action to take.   fast forward a week or so later and i get another letter advising another £25 has been added to the account despite my request.   i have absolutely no issue with payment of the first charge as this is my own fault etc. however i feel like the second occasions is ridiculous as i received no correspondence to advise it would still be taken...   Is this entirely my fault or am i within my rights to not make payment of the second charge?   i have looked through many forums and each case seemed to be ever so slightly different and wanted to ask the question?   thanks!!   
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nssimpson

CEL ANPR PCN Claimform - Overstay - Portwood Court in Stockport

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@nssimpon email? what to whom?

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

 

 


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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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I've attached the front and pack of the initial PCN/NTK I received...

 

PCN.pdf

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NTK doesnt create ANY liability at all, fails to contain any of the key phrases. Typical CEL

you will say as such in your defence but read ther POFA several times to understand what information a NTK should have adn why this is wrong.

we will help you with the outline defence, this will be merely one point of usually 3 bullet points plus rubbishing of their POC as that will be seriously flawed as well

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Going to the local post office in the morning to send the CPR request 1st class recorded mail!

 

I've attached a copy, if you spot any mistakes please let me know before about 9am :)

 

I've addressed it to Civil Enforcement because only they are mentioned on the court paperwork. I did receive two letters from ZZPS and QDR was mentioned in the 2nd letter, hence why I mentioned those in the letter.

 

Also, could the CPR request also ask for the ANPR c amera's CCTV footage to make it even more of a hassle for them?

 

What do I need to do next?

 

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template removed please read its top red lines.

 

yes it goes to CEL.anpr does not record 'footage'

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi dx100uk, it's probably because it's late but what do you mean by read its top red lines? Sorry if I'm being dense.

 

I'll leave the letter as is if asking for footage just bulks out the letter for no reason.

 

Cheers

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the template link in post 27.. go read it again...

 

if the extra info was required, then it would already be listed there 

 

yours is not a enter wrong reg issue. so ANPR data is irrelevant.

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Posted (edited)

Not recorded. Send it first class and ask for a free certificate of posting. Some dodgy PPCs have been known to refuse recorded delivery letters so all you have is proof that they didn't get it.

Edited by Mrs O'Frog

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Thanks to both of you for responding. Fistly I'll post normally and get proof of postage.

 

I'm worried I'm missing something from the template link. Are you referring to the next stage, where I now have to file a defence? 🥴

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what the red text that says..do not post our templates in the open forum...😮


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Doh! 🤦‍♂️

 

Sorry, I thought that just meant don't paste the unedited version so multiple copies aren't all over the site.

 

At the weekend I'll take a look at creating a defence. 😁

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std 2 or 3 line one here on all pcn claimform threads

not due yet though......


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi dx100uk, I guess I better get on with my defense tomorrow. 🥺

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due Friday by 4pm

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Cheers for the clarity. So now I just have to keep my nerve and wait until Friday morning.

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Well post what you plan to submit here first. Don't leave that until Friday morning.

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Okay, so I really feel like I should write a massive defence explaining that I asked for lots of information but the claimant didn't provide anything on the grounds of GDPR, the phone number they provided to discuss the charge had no operators so only provided an automated way to pay, the debt collector phone number didn't answer, etc, etc. But I'm reading that I should keep this to myself to bamboozle them with if it goes to court. Correct?

 

So should my defence simply say:

 

The claimant has failed to produce a contract with the landowner that assigns them the right to enter into contracts with the public and to make civil claims in their own name,  so the defendant does not believe they have locus standi in this matter.

 

The defendant believes that no planning consent was obtained for the signage as required under the Town and Country Planning Act 2007, this means the signage is there illegally and it is not possible to enter into a criminal compact.

 

In any case there was no contract between the claimant and the defendant so no cause for action.

 

(FYI, I have looked for planning on the Stockport website but can't find anything so assuming I've searched correctly could this ever stand up in court?)

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Not bad 

Dont forget the defendant is the registered keeper line etc

 

Did you ever manage to gain the org council planning perm?

I bet free parking is mote than 1hrs and no-one can change that


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Posted (edited)

How about I start with this extra line:

 

I (NAME) am the defendant in this matter and at the time of the alleged "abuse of the car park" was the registered keeper of vehicle CAR REG. I deny I am liable for the entirety of the claim.

 

(Not sure I like the speech marks so alternatively I could say breach of terms. What you reckon?)

 

Assuming this brief defence is okay, should I wait until Friday morning to post? I'm guessing I can then say in court that I waited until the very last minute to receive a response to my CPR 31.14 request before filing a defence but never received one.

 

I didn't manage to get the planning perm. I checked here but couldn't find any mention of it for postcode SK1 2ED:

http://planning.stockport.gov.uk/PlanningData-live/search.do?action=simple&searchType=Application

 

I don't know if I'm looking in the right place though.

 

Cheers

 

Nick

Edited by nssimpson

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the poc used the word violation but fails to say what was violated.

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Posted (edited)

So should I just say:

 

I (NAME) am the defendant in this matter and at the time of the alleged "breach of T&Cs" was the registered keeper of vehicle CAR REG. I deny I am liable for the entirety of the claim.

 

Also, with regards to the issue of planning, I've just read that "Schedule 3, Part 1, Class 13 of The Town and Country Planning (Control of Advertisements) (England) Regulations 2007" states that signage older than 10 years is deemed as having consent granted. Looking at Google Street Map I can confirm that they had parking signage 10 years ago but they've changed it twice since then...

  • 2008 - Sept 2012 - 2hr free packing for customers only (bright orange/red signage)
  • Oct 2012 - End of 2017  - 3hr free parking (white and blue signage)
  • 2018 - now - 1hr free parking (white and blue signage)

So I assume they can't just replace signage and completely change the terms without getting new planning perms so why aren't the council getting involved?

Edited by nssimpson

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Don't forget they fail to create any keeper liability - POFA fails.

 

Re lack of contract with land owner & planning consent, add in that they have ignored your CPR request.

 

Council aren't getting involved because most of them don't understand the regs. However, if some public spirited person were to point it out to them, somebody might sniff the chance to make a name for themselves and get a nice promotion.

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Posted (edited)

It's getting longer than the 2 or 3 sentences dx100uk said the defence should be but does this sound okay...

 

I (NAME) am the defendant in this matter and at the time of the alleged "breach of T&Cs" was the registered keeper of vehicle CAR REG. The claimant has failed to prove keeper liability and I deny any liability for the entirety of the claim.

 

The claimant has ignored the defendant's CPR request and has failed to produce a contract with the landowner that assigns them the right to enter into contracts with the public and to make civil claims in their own name,  so the defendant does not believe that the claimant has locus standi in this matter.

 

The defendant can show that the current signage was installed under 10 years ago and therefore requires planning consent. However, according to Stockport's official planning website no planning consent was obtained for the signage as required under the Town and Country Planning Act 2007, meaning the signage is illegal and it is not possible to enter into a criminal compact.

 

In any case there was no contract between the claimant and the defendant so no cause for action.

 

Is the bit about the claimant failing to prove keeper liability necessary? Would that just require them to show a photo of me getting out/in the car? Aren't we trying to show that the car park terms can't be enforced regardless of who exceeded the time limit? Sorry, just trying to understand the defence statement.

 

Also, do you think it would be better if I wrote "there was no valid contract..."

 

 

 

(Out of interest, if a court ruled that the signage was illegal would they force CEL to pay back all invalid fines issued? Plus, could people sue for damages/interest?)

Edited by nssimpson

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photos of you ?? how can  Automatic Number Plate Recognition cameras at an entrance take photos of humans in a car park?

 

you're doing it again, not understanding things....that word fine has popped up.....

 

a county court ruling does not set a precedence so no payback on past cases.

 

I would stick with your org signage statement, don't introduce wriggle room by saying 10yrs etc. 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Posted (edited)

Cheers, I'll keep with what I had. Thought it was going a bit OTT.

 

I thought that some companies provide video footage of the car, which might show the driver. I thought that's what Mrs O'Frog meant by proving keeper liability. Nevermind, it's past my bedtime.

 

(Sorry, I say "fine" when I'm not thinking.)

Edited by nssimpson

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