backdoor UKCPM/gladstones windscreen PCN CCJ - farnborough Central Merlin Rd Hamps GU14 7

[Dodiqq]

I understand what you mean. The Final notice letters are from Newlyn Debt collection Ltd and the statement of account after I've paid s by Newlyn Plc.

 

"A better practice would be expected of Newlyn Debt Collection Ltd, which should adhere to the Code of Practice the Credit Service Association. "

[brassnecked]

But as they were acting as DCA, had no right to add £100 in fees, if bailiffs they would have to send a letter for Compliance Stage, at which point the fee is £75, if not paid or arrangement made within the Compliance period, they would visit, and £235 Enforcement fees would be added., so if they had attended as bailiffs the bill would have been £259.53 + £75 + £235 = £569.53

[Dodiqq]

Are you saying brassnecked they were just being nice not to come as bailiffs xD

[brassnecked]

No just highlighting what the fees would have been if they did call as bailiffs, it shows that they were naughty as DCA adding a ton in unlawful fees.

[Dodiqq]

Hello, long time no see. The house Vendor still hasn't got papers so I may have some extra time, woop woop, keeping strong.

 

A small update, Northampton CCBC has transferred the file but not confirmed fees paid and following a lot of emails and phone calls and pleas (what a mess), I had my local county court confirm they have now forwarded this to admin team (I was promised an initial view of n244 by Judge this Friday, with dates of hearings shortly forthcoming, will just have to wait and see).

 

Meanwhile, I have written to newlyn plc requesting further information explaining fees etc. and I don't think they will get back to me.

 

I was going to send the attached complaint + SAR, as the civic advice solicitor told me nothing should stop me from reporting them to police as fraudsters anyhow, just not do it if they can help my case (once opened). So I was going to send the attached in a week or so when I know where I stand ( I can also send a SAR request separately now). What do you guys think?

 

I wasn't going to complain about the particular breaches of codes to the Credit Service Association until further down the line when I get any replies from Action Fraud.

 

Thank you  

newlyn complaint-01.pdf

[Dodiqq]

Court case update.

 

They didnt appear but sent a statement they have never sent to me.

In the statement they said ive corresponded with them and that ive appealed saying that the driver was unloading.

Also that I havent updated them with a current address.

Allegedly they said that they have right to issue tickets on that other road, but i didnt are the statement so not sure what was exactly written.

 

They offered to agree to set aside on condition that no more money from Claimant is due, not even for the n244.

Ive taken the loss of overall of £255+£360 as I get this set aside which is what I need and I can still pursue newlyn if I want to.

 

Not happy but could be worse.

The court advised me I should just have never corresponded back in the first place. He did however state these similar cases could won if cpm were made to prove with sufficient lighting, signage, contract etc.

[ericsbrother]

what are you on about?

If there is a set aside and you dotn agree to their terms they pay. so it appears as though they ahve done you over twice.

I cant believe that having found your way here and taken advice that does you good you then go and do somehting so stupid

show us your correspondence so we can try and make somehting of this mess as it doesnt make sense as it is.

[Dodiqq]

The judge asked if I have seen The statement from the claimant in relation to my set aside.

I said I wasnt sent one at all or aware of it.

 

He said the content mentions a letter of appeal i wrote to them september last year when i didnt appeal on the grounds of it being on wrong street and that it and it was

for unloading,

that the machine was not working and

that the driver did not see the signs

 

I asked him why is he asking why the car was there if this is a set aside hearing,

I was writing and calling on different occasions without having successfully established what evidence was against me,

they were not co-operating,

 

he said  they claim I havent updated them of new address, I said I had.

He said their statement says they have right to pursue claim in this location

(Im not sure how exactly its written, it may be about Merlin rd, I need to see this statement first).

 

Judge wouldnt have it that the reason for why the car being there is irrelevant,

that this is pursued because of :

the abuse of process,

wrong street,

contract and

signage

can be discussed in defence.

 

He said relied solely on the fact that I have allegedly not updated the claimant of my new address and that I am vague about how the car got parked there.

 

I stood by the point that at this point proving who was driver how it got there was irrelevant.

He was careless about them not following recovery procedures.

This was all within 5 minutes.

 

He suggested he can move The hearing to another date which I said I cant

 

he suggested i dont have much options.

I can either move the hearing to another date or agree to the offer of the claimant.

 

I said they have selected this one letter and that im in process of getting info from them, and that it doesnt make it just for the whole case to be ended on a deal.

 

He suggested not taking the deal will lead to additional costs.

(And that I know, shouldnt happen as this is county court, and so he was leading me into making a decision, as well as pressuring me into making it given he also informed me his next case is long.

 

He thereafter agreed with me that I made a right decision to take the deal,

even though I said its not just and im being under pressure and I could pursue this in defence later when its set aside. 

 

Im considering putting a complaint to the government in some time but at this point I have what I needed not to lose the house deal of 300k - this is my priority)

 

I can deal with newlyn directly later for not having enforcement notice.

 

[BankFodder]

1 hour ago, ericsbrother said:

what are you on about?

 

I cant believe that having found your way here and taken advice that does you good you then go and do somehting so stupid

 

 

Sorry but I think this is unnecessarily harsh for someone who is trying to stick up for themselves against these bounty hunting bullies. We are all a community here and all up against the same people

[ericsbrother]

I apologise,

the latest info from the OP makes it clearer that it wasnt an offer from the parking bandits but a judge saying things that led him to think that there could be a greater costs issue when the reality is they already have been added and in fact the OP stood to be in a no lose situation.

Strikes me as the judge was being lazy and didnt want to have to make time for round 2.

[Dodiqq]

It was an error not to include the draft defence. Because I should have said that the letter i wrote to them was in relation to the evidence of me parking on kestrel rd and not Merlin rd.  Therefore all the correspondence following December from lawyers and 3rd parties relating to Merlin rd made no sense to me and therefore the denial of the charge and request for more evidence. 

 

Im not sure i can send a clarifying reply once I agreed to a deal, which was based on claimant response statement which I have however not had an opportunity to see and therefore could not respond adequately. 

 

Anyways, got to hurt them where it hurts, so id prefer to focus on the notice of enforcement abuse of process claim. The gladst lawyers received my sar request for recordings, said they sent by email in attachments and by post but they didnt. I re-enquired but where can I report them if I get no reply? 

Edited January 7, 2020 by Dodiqq

[ericsbrother]

trouble is you are now biting a different person's leg

[Dodiqq]

Maybe I am. But that's for Action Fraud to decide if it should be fought, it seems to be easier to prove than fighting the lazy Judge. And it's where it will hurt them most, on abuse of process/co-operation in bribery/theft which is then reportable to the FCA.

 

I'm just writing to show I initiated discussion. And that Newlyn came back with recordings of calls ( I am yet to listen to them and see if they are missing something) and they wrote they will reply to my complaint within 30 days so 10th Jan latest. Once they do I will put in here both of the files and so we can work from there.

 

Gladstones know they are in the wrong because they told me I cannot pay the Judgment Order to them but to Newlyn on the phone 7th november so they are "pretending" to want to send me recordings I requested but they don't include attachments or don't post anything (which I am writing emails back to them informing of missing attachments/no post delivery). Trying to conceal evidence is not gonna look good in eyes of ActionFraud.

 

When the SAR 40days deadline passes on 28th January, I will send them another letter reminding him of their obligations under the DPA and that this information is to form evidence in ActionFraud case no. xxxx. Not sure how to word it yet, but I will have to inform them that their lack of co-operation within 21 days will be recorded and may be considered a spoliation of evidence.

 

 

 

[dx100uk]

Its 30 days

And im unsure what actionfraud would ever be able to do....

[Dodiqq]

Hello all

- following a set aside judgment I have now the following case set for September with deadline to submit documents on 28/04/2020.

 

I have managed to get the documents which the Claimant sent to the Court for the set aside which I would think are going to be similar arguments for the case coming ahead.

 

Attached anonymised set. 

 

I had a read through and I will be putting a defence over the weekend.

 

My main lines of arguments is questioning the Signage as Contract. 

 

a) nowhere along the driver's route to that parking location signs are located

- I have made photographs of site and no signs are visible.

I will attach them as exhibits

 

b) the sign itself has a sticker put over the top of the first line (you cant see it clearly on their photo but you can on mine that I will attach as exhibit) - which makes me question what, if any, signage application was put through and if it is the same as the one actually installed.

 

c) is it actually a contract because there was no offer "parking is allowed if fee is paid" but " parking not allowed"

- is it a parking charge fine or is it a penalty?

if penalty invoice, should it be an invoice for trespassing?

 

d) no markings on the road (double lines) to highways standard communicating there is no parking allowed.

If this is the objective of the Claimant why was this not done?

 

e) the argument about street not being relevant. 

- re: point 6) do the same agreement with landowner refer to Kestrel Rd (which evidence is for not Merlin Rd)

 - the street name is relevant in the earlier correspondence because the Debt Collectors & Gladstones referred in the early correspondence to Merlin Rd - as such incident has never occurred it is reasonable that the Defendant was confused, whilst also not being given evidence referring to Merlin Rd. 

 

f) Newlyn has obtained the payment under pressure  ( I have managed to obtained recordings of phone conversation with Newlyn which I will transcribe and attach, the two that are relevant)

 

Additionally to comment on their position:

 

re point14. The claimant and his agent has failed to clarify the basis on which the contravention on Merlin Rd has occured. The initial confusion is shown in the exhibit, a letter from the Defendant to the Claimant requesting clarification as Gladstones letter did not have signature. It requested names of lawyers to speak to and refer to but they haven't provided such details. The evidence for contravention on MERLIN RD was not provided by the Claimant.

 

Also to add to 14, 11 Nov 2019 The Claimant sent initial SAR Request, followed by second and third copy in March to which she had no response from the Claimant. (exhibit)

 

re point 16. The Claimant has commented Newlyn were appointed as third party. The Defendant, as in line with the Court Order letter, was instructed to make payment directly to Gladstones who refused and referred her to Newlyn.

 

re 18. Defendant is not obliged to seek consent from the Claimant to submit to set aside and has shown her good intentions by doing so, on two occasions.

 

re: exhibit Site Plan - locations of signage are not shown

 

re: agreement to manage site: The party signed and instructing CPN (its your place) is not confirmed to be the landowner or to have rights to instruct litigation. The agreement also does not show that CPN has right to litigate in name of landowner as well as "manage" the Site.

 

Given the above, 

- The contract is not proved by Claimant to be lawful

- Original and subsequent third party charges are not proven lawful

- Order to struck out the original Judgment Order and Defendant to be repaid all consequential costs.

 

 

I appreciate we are in unsure times due to this virus but this is still hanging over my head and I would like to clear my account so this doesnt come back as we all have enough things to be dealing with right now. Also depending on how this pans out, the Action Fraud may be able to have a better stand against Newlyn.

 

ANY COMMENTS WOULD BE VERY MUCH APPRECIATED! THANK YOU.

 

[dx100uk]

c) is it actually a contract because there was no offer "parking is allowed if fee is paid" but " parking not allowed" 
- is it a parking charge fine or is it a penalty? 
if penalty invoice, should it be an invoice for trespassing? - load of twaddle? it is NOT a FINE nor a PENALTY.

 

d) no markings on the road (double lines) to highways standard communicating there is no parking allowed. 
If this is the objective of the Claimant why was this not done? - DYL's mean noting on private land mere tarmac graffiti.

 

f) Newlyn has obtained the payment under pressure  ( I have managed to obtained recordings of phone conversation with Newlyn which I will transcribe and attach, the two that are relevant) - should say duress not pressure. (you were led to believe they were acting as bailiffs. they COULD NOT be acting as bailiffs as the judgement was less than £600. they were a mere powerless DCA in this instance)

 

Also to add to 14, 11 Nov 2019 The Claimant sent initial SAR Request, followed by second and third copy in March to which she had no response from the Claimant. (exhibit) - the claimant sent sar???

 

re their WS: ive removed it as claim number is on page 1..
reg/pcn no page 10

 

1. - relying on here say evident 'believed to be true by the writer.

 

9. it makes no odd the vehicle was parked unattended. or not.

 

16 - newlyns were not acting as bailiffs and cannot add any enforcement fees..

 

exhibits

there is not evidence the contract has been annually paid till and inc 2020.

[Dodiqq]

Hi DX

Thank you I have amended these pages now to not show pcn/reg

 

c) Parking Charge Notice - not a penalty charge notice, no authority to issue PCNs. I have found under BBA code of Conduct that the notices are not to be made to appear as Pernalty Charge Notices to be misleading and this one from photo was yellow and appeared so.

I'm just wondering if how to put this into a defence argument... he is referring to "parties knowing obligations to one another under contract" in point 8.

 

d) sorry, what do you mean by DYL?

 

1 . what do you mean by this? That his knowledge of the incident was limited?

 

9. is there an argument you were trying to make here, Im not sure I understand, im sorry?

 

16. as in if the newlyn were not confirmed to act as court bailiffs, and therefore not required to follow procedures then no fees should be permitted as they were acting as third party, understand.

 

Sorry I meant I, Defendant sent SAR.

 

exhibits
understand that PCN need to confirm their agreement allows for litigation in landowner's name for 2019 & 2020, OK.

 

 

Would any of the arguments I've written in the post above not be reasonable line of defence or better not to use it? 

 

Thank you so much!  
 

 

 

Bound claimants statement - set aside judgment.pdf

Edited April 25, 2020 by Dodiqq

[dx100uk]

7 hours ago, Dodiqq said:

Hi DX

Thank you I have amended these pages now to not show pcn/reg

 

c) Parking Charge Notice - not a penalty charge notice, no authority to issue PCNs. I have found under BBA code of Conduct that the notices are not to be made to appear as Pernalty Charge Notices to be misleading and this one from photo was yellow and appeared so.

I'm just wondering if how to put this into a defence argument... he is referring to "parties knowing obligations to one another under contract" in point 8....the fact its made to look like a penalty charge notice has been there from day one of private parking service..not relevant.

 

d) sorry, what do you mean by DYL? double yellow lines

 

1 . what do you mean by this? That his knowledge of the incident was limited? - no he is relying upon hearsay evidence without documentary proof..read-up on hearsay evidence and CPR rules.

 

9. is there an argument you were trying to make here, Im not sure I understand, im sorry? - someone being in a car or not is irrelevant to if its deemed parked or not.

 

16. as in if the newlyn were not confirmed to act as court bailiffs, and therefore not required to follow procedures then no fees should be permitted as they were acting as third party, understand.  ..only a COURT can appoint use of court bailiffs - not a judgement claimant or their dogs.thus newlyns are NOT acting as bailiffs and cannot add enforcement fees, they can be ignored as with any DCA on ANY debt.

 

Sorry I meant I, Defendant sent SAR.

 

exhibits
understand that PCN need to confirm their agreement allows for litigation in landowner's name for 2019 & 2020, OK. - NO, if the contract from 2013 is not currently annually paid in 2020- there is no proof it even exists.

 

Would any of the arguments I've written in the post above not be reasonable line of defence or better not to use it? 

 

Thank you so much!  
 

 

 

Bound claimants statement - set aside judgment.pdf 1.51 MB · 0 downloads

 

you need to remember you are only making a short defence statement at the set aside hearing stage.... make it brief - leave the meat for a later possible WS

IF the claimant wants a full hearing if your set aside is successful.

[Dodiqq]

Thank you.

 

To clarify, the initial Judgement was already set aside following the court case in January 6th mentioned above:

Upon hearing the Defendant in person it is ordered that

1. Judgment is Set Side

2. Entry on the Register of County court Judgments removed forthwirth

3. No order as to costs.

 

I now had a letter in March that the new date following the set aside is in September 2020 but parties should submit all evidence to be used in the court case by 28th April 2020. The Claimant needs to pay the £25 fee by mid August or it will be struck out.

 

What's WS? 

This is the main Defence submission I understand now the hearing is ordered to be re-heard.

 

[dx100uk]

sorry..it appears you have to file a particularised defence? now, not a witness statement...yet..

 

scan up the march letter...

 

did you ever go get the money paid to newlyns back under duress and false claims of operating as a bailiff from your bank under chargeback??

 

 

[Dodiqq]

Particularised defence? Sorry i am confused. I will aim to post a draft tonight.

 

The march letter is attached. actually I have mistaken the deadlines to submit evidence, to be 15th not 28th March but I have already sent an email to the aldershot court to request an extension of time due to coronavirus. Just need to submit it asap now.

 

No, I made a Formal Complaint to them though so that I have a response I can submit to ActionFraud. This, together with the recordings (which I am in process of transcribing, will upload fragments shortly) and the WS from Claimant at Set aside hearing should be sufficient.

 

 

New small claims March letter for Sept 2020.pdf

MyFormalComplaintToNewlyn and Response - anonymised.pdf

Edited April 26, 2020 by Dodiqq

[dx100uk]

soi was right then... you were supposed to file your WS more than 10 days ago

and you got sc@mmed by newlyns.

 

so why have you not done a chargeback?

[Dodiqq]

Transcipt of my calls to Newlyn - the 2 other were just payment callsTranscript of calls 1,2,3.pdf. Important bits highlighted in red.

[Dodiqq]

I only got a WS statement from Claimant early February with that last point being mentioned (note I have not been given a copy in court). I was sending SARs to everyone and try to access Newlyn recordings because they failed to submit password with their recording files. Now I have this info I can do this - what is a chargeback, how do I request it? via court? isnt is better to just do a counterclaim?

 

 

 

Ps. FYI maybe because I was trying to sort out my life/relocation/payments/family + overtime helping design emergency new hospital due to this virus +  the house purchase so it doesn't fall through due to the virus - I only just got a verbal confirmation 2 days ago the Vendors got grant of probate ( in registry but not on paper) and I have 4 weeks to seal the deal. Truly I have not seen the sun much.

Edited April 26, 2020 by Dodiqq

[dx100uk]

told you 3 times dating back too well before the time you (and me) have been heavily involved in coronavirus work)

 

go ring the bank your debit card is with and demand a chargeback as you got conned into believing the DCA on the phone were court bailiffs and were told they will be around to take your car and remove house belongings if you didn't pay them.

 

if they come out with some BS about a 120 days limit, tell them under FCA rules it's 120 days from when YOU realise you can do one, the only overall limit is 540 days to instigate one.

 

as for counterclaiming, one you aren't and haven't mention that in any docks to the court to date , and , you would have to raise a sep claim, not at the current hearing to do that, and it's very risky under the small claims track as it costs YOU money to do, and it removes the bar on the overall costs ceiling. which can be very expensive.

 

im not entirely sure what relevance you having to await evidence, which is somewhat immaterial to your WS, before you needed to file it.

 

you are already 10days late, and the claimant is still laughing at you as they still have you money. they wont lift a finger to help you, as is evident to date, whilst they still have your free money.