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    • Hi everyone, Thanks for the responses. Just a few follow up questions in light of what's been said:   If I dont appeal to PPM, who can I appeal to?   Why should the PCN been attached to the windscreen? Is this written in law?   I assumed the document I had received was the NTK, if this is not the case, what does a NTK look like?   Regarding the compliance with the Protection of Freedoms Act, could the "period" of parking not be argued either way? The legislation doesnt state it must have a start/end time of parking, which I assumed an ANPR camera would pick up if it had one. Is 4 minutes not technically enough to show the vehicle was parked?    Thanks !
    • I see jenrick has stuck his head up with them, and I'm sure this wont faze their nasty rhetoric one wit-less UK growth since 2010 has been lacklustre and largely driven by immigration, says report UK growth since 2010 has been lacklustre and largely driven by immigration, says report | Economic growth (GDP) | The Guardian WWW.THEGUARDIAN.COM Resolution Foundation report suggests parties are dodging the economic challenges facing the country   Net migration is more than two and a half times the 2010 figure despite a string of Tory pledges to reduce it Immigration: how 14 years of Tory rule have changed Britain – in charts | General election 2024 | The Guardian WWW.THEGUARDIAN.COM Net migration is more than two and a half times the 2010 figure despite a string of Tory pledges to reduce it    
    • Will get them done asap My job changes week to week so at the time I didn’t know. 
    • You will probably get a couple more reminders followed by further demands fro unregulated debt collectors with even increasing amounts to pay. They are all designed to scare you into paying.  Don't. It's a scam site and they do not know who was driving and they know the keeper is not liable to pay the PCN. Also the shop was closed so they have no legitimate interest in keeping the car park clear. So to charge £100 is a penalty as there is no legitimate interest which means that the case would be thrown out if it went to Court.  Keep your money in your wallet and be prepared to ignore all their letters and threats. Doubtful they would go to Court since a lot more people would not pay when they heard  MET lost in Court. However they may just send you a Letter of Claim to test your resolve.  If yoy get one of those, come back to us and we will advise a snotty letter to send them.  You probably already have, but take a look through some of our past Met PCNs to see how they are doing.
    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
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Excel/BW/Elms ANPR PCN PAPLOC Now Claimform - But i paid! - Providince St Wakefield WF1 3BG ***Claim Dismissed***


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HI,

 

Just going through everything, again before submitting.

In cross referencing, with respect to this:

 

Quote

The defendant invites the court to use its management powers to strike out the claim under CPR 3.4 as the claim is vex and order a full costs recovery order under CPR 27.12.2(g) should the matter go further

 

I have come across this:

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27

Quote

Rules 27.12 and 27.13 are revoked.

 

I'm guessing that cost recovery is not an option and that part of the defence should be removed.

Is there an alternative; were the two rules replaced by anything?

 

Thanks.

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  • 3 weeks later...

so you've not read any PCN claimform threads here?

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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Never Mediation with a PPC, either their claim has legs or its invalid and a speculative attempt to pressure payment.  Nothing to mediate on, either owed or not.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 1 month later...

Well, the case has been transferred to a localish court and the date of the hearing set to late January - Covid permitting, I guess.

 

Today I received the attached offer to cough up and avoid the hearing - no chance of that happening.

 

There are a few questions that have come to mind and any opinions would be greatly appreciated.

 

I am in the process of moving home.

The new location is some 200 miles away from here and I will have moved well before the date of the hearing.

 

With this in mind, is the option of the case being considered on documentary evidence and without a hearing one worth following?

 

The alternative as I see it is to inform the court that I can't attend and rely upon the written defence.

Would doing this put the claimant at an advantage should they turn up at the hearing?

 

Whilst it would be inconvenient to make the journey, it is something I'm prepared to do.

 

With regard to preparing the defence documents, there have been many variations of the claim,

"the contravention was on leaving the car park",

"I didn't pay for the first 98 minutes",

and the statement in the Particulars of Claim

"parked without payment"

and feel that their presentation may include them.

 

Would they be allowed to bring up additional particulars, for example the "didn't pay for the first 98 mins"?

 

Do I defend purely on the PoC that the car was "101) Parked without payment of the parking tariff for the vehicle registration mark of the vehicle on site"?

 

In which case the defence is going to be based on the proof of payment.

Or do I include the other spurious claims that they have brought up in the past?

 

Thanks for reading.ELMS Offer.pdf

 

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  • dx100uk changed the title to Excel/BW/Elms ANPR PCN PAPLOC Now Claimform - But i paid! - Providince St Wakefield WF1 3BG

"With this in mind, is the option of the case being considered on documentary evidence and without a hearing one worth following?"

 

No an "On the papers" hearing is a shoe in win for them as they can introduce barefaced lies with no way to challenge and they would likely win.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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any have elms been notified as a change of sols? no..

i would write to the court and explain you will be moving and request a move to your local court xxxx

they have months and months to do this.

 

you have already filed your defence

its witness statement time now

the filing of which is clearly detailed on the court letter.

 

and ofcouse their fee payment date that excel might never make....

 

 

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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  • 2 months later...

Hi,

 

Happy New Year to all.

 

Just a quick update on this.

 

The case was transferred to a local court and a date for hearing was set - late January.

Witness statement submitted.

At the end of November I moved address, informed the court and requested a move to my new location.

The request has been granted.

On transfer, the new court has requested (General Form of Judgement Order) that I submit a copy of the receipt on which I'm relying. Failure to do so resulting in the defence being struck out. I have complied.

 

I'm not quite sure as to what I should or shouldn't read into this. It does look, though, as this is the first time anyone has looked at what has been presented. Is it a good or bad thing?

 

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would be nice to see the witness statements...

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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Share on other sites

Belt and braces, mail Excel with your new address also, with free proof of posting at the Post Office, so that they can't send any other communication that could affect your case to the previous address .

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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Hi,

 

DX - I'll go through them and make any necessary redactions and get them uploaded

 

Gick - The court here notified them of my change of address but omitted to tell them what it is. I've had an email from Excel/Elms requesting my new address and subsequent confirmation of its receipt.

 

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You need to inform them that the email address is NOT to be used for any communication relating to the claim. Block their email address so that it bounces back.

 

If they have an email address it is a known tactic to send papers at 2359 on the day of final disclosure so that you do not have time to review/absorb  the information in time to rebut. 

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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have you the claimants ws yet?

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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Gick - What else is there for them to submit? The Witness Statements have been submitted, a date for the hearing had been set but due to my change of address we are awaiting a new date from the local court. I'm guessing that will be forthcoming after looking at the proof of payment that they asked for.

 

DX - Yes, It was submitted and received about a week or so before the cut-off date. It was Excel that submitted it rather than their solicitors, though.

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can't see them harming you further then by having a email.

 

On 06/01/2021 at 11:53, dx100uk said:

would be nice to see the witness statements...

should you need to issue anything further

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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Share on other sites

we will need their exhibits but not each cover sheet.

 

like the last sentence ...no!! thats not an excuse to charge unicon food tax.

 

name the person . they rely upon heresay evidence too and don't state that in relation to the CPR clauses they must. and ofcourse must be present upon the hearing else no dice batman..

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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Share on other sites

Do the machines accept cash? it matters notis you have always paid via the app, the fact you paid albeit late but for the full 12 hours sort of throws Simon under the bus.

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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No you usually paid by app, you have history of doing so, so its reasonable not to expect you to use cash, and continue with the app. just looking for anything that might come up as the straws are grabbed by Simple.

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 OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I notice that you haven't posted the PCN dated 14th May 2018.

You probably haven't retained it but you should have received a copy after  the SAR that you applied for.

 

Did the sar also include a copy of their contract and the Council permission for their signage and ANPR cameras.

 

If so please post them on here.

 

As well as a photo of the Terms on the payment machines the last one is important since those were the rules that you accepted on payment.

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1 hour ago, lookinforinfo said:

Did the sar also include a copy of their contract and the Council permission for their signage and ANPR cameras

 

nothing to do with the OP under GDPR

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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Oh dear.

 

 

Oh dear, oh dear

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:becky: Well done...topic title updated.

 

Andy

We could do with some help from you.

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