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    • I have not looked much at your WS though it is looking good. I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007. that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations. It calls into question their right to apply for motorists data from the DVLA. I would wait for their WS to arrive so that you can pick holes in that too. howver watch that if they are late that you send your off just within the Court guidelines. What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired. For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   Sono  mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.  All it states is that the operator can pursue outstanding PCs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say. Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ]to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal. Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative. Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.        
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
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Dalsim

VCS Spycar PCN PAPLOC Now Claimform - no stopping - EAST MIDLANDS AIRPORT CASTLE DONNINGTON

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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]


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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So then what is the difference between  defence and a witness statement and when and to what extent do you play your hand in defence? 

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easiest way is get reading up....

 

use our custom goggle search box

that if you can't find, comes up after hitting our top squares logo.

 

claimform no stopping.

 

dx

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi yes done all this but there is conflicting information.

 

For the AOS I see the template letter to edit and for using. but for defence regarding

 

no stopping,

prohibited signage

no parking event

grace periods

codes of practice etc

are all understood

 

it’s when to actually use the info when and at what time! 

 

this can for example be simply just 5 bullet points in defence I read

 

but when is this instigated and witness statements they seem to be at length

 

so when does this come into play? 

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there is not conflicting advice

simply you are rushing and NOT reading those threads i suggested.

 

read my post carefully!!

 

follow what is says to do for AOS online..carefully

 

then send the CPR template to VCS.

you don't and  can't file anything WITH AOS.

 

defence will inly be a few basic std points in most no stopping threads already here.

 

IF it goes to the hearing stage after you refusing mediation {by n180} you then get N157 for allocation to your local court and a hearing date

THEN you expand your defence in your WS exchange.

 

the bottom line is byelaws overrule.

 

dx

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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eh??

 

no READ POST 43!!

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Sorry I don’t think you get what I  mean, all I am asking is when do you actually start to defend their fictional claim using the few basic points, ‘defence will inly be a few basic std points in most no stopping threads already here.’

I am sorry to be a pain 

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sorry to be a pain

but why can't you READ what I posted above in post 43 repeated below:

 

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]

………………..

what does it say in thwe last 2 lines here ^^^

 

…………..

 

also 

you've already filled out this link

https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-aug-2016/

 

it fully details the timeline.

 

.......

 

ask way if its still not clear 

but most people seem to understand it ok...

 

dx

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Ahh it is post 42 not 43! And you must file a defence by day 33, how do you get supplied a form from court?

 

Do the AOS now and send off the CPR request tomorrow (get a free certificate of posting from the post office).  VCS won't reply as their boss is a greedy & arrogant oaf, and that will go in your favour in court.

 

When the time comes to file a defence, yes you can fill in the form the court sends, or you can do it via MCOL which is easier, your choice. 

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well done you got it use MCOL

but post your defence up here 1st

 

so AOS+ CPR - do nothing more other than reading up till the time comes to post up defence.

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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If doing AOS yes


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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All done so next step is to send to VCS the aos as template letter on here with specific amendments to the situation!

do you want to see this?

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Yes we do please.

 

So you've done the AOS on the MCOL website?

 

HB

 


Illegitimi non carborundum

 

 

 

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sorry to be blunt..

 

can you not read the simple instructions that 1000's have followed without ever having an issue?

the CPR is NOTHING to do with the MCOL AOS process.

CPR letter goes to VCS , it doesnt need adapting simply put their address and your address and the claimform number on it.

 

i'm beginning to think you might as well cough up...cause if you cant get these very very simple things done without causing yourself mass confusion..what are you going to do when you have to write your witness statement and appear in court?

 

dx

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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CPR letter then sorry just I knew what I meant.

 

You know I fought three tickets over last few years two conceded before any independent Appeals Service and excel got trashed at bpa,

 

ok I apologise for not being here before with the BS that is no stopping.

 

WS I have no problem with cos facts speak for themselves, it’s terminology and timescales that is confusing and I think you will find that deliberate.

 

By the way it’s my young son who is the defendant and registered keeper at all times who’s having his rights to do anything later in life threatened  and eroded in matters such as this!

 

It’s time to make a stand!

Government what’s this mind control that’s what!!

Lol. 

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nothing to do with the gov't more like fleecing ex-private land clampers moved tricks.

 

 

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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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it might be p'haps a bit better to concentrate on the matter in hand rather than mass conspiracy theories.

  • Haha 1

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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we know what our CPR looks like 

I've hidden it.

we can see it only.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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by mentioning Excel and the BPA you give away how long ago that was.

Things are not set in stone so you must get aquainted with the current state of play with these bandits.

 

the importnat thing is that VCS get caned every time they try this no stopping claim on at airports and have even tried to get the airports to apply for a change in the law so they can collect the money they so desire but that fell flat so they rely on LIES and bullying to collect some money.

 

when enough of these cases have been dismissed Trading standards may creak into action but until then we all have to do our legwork

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Hi defence attached, your thoughts please. Thanks in advance

 

Hi all sent the CPR free proof of post 1st class on the 24th February, just curious now on what
to expect, best time to send the defence etc, I suppose at this time it is to be something like:


1. No cause for action against the defendant, the defendant is the keeper of the vehicle and
VCS have failed to show who was driving at the time and so cannot create a keeper liability
and as they have failed to follow protocols of the POFA 2012: their accessing of the DVLA
database is without reasonable cause.


2. No contract can exist between VCS and the defendant as the land is not relevant land, the
land is with byelaws and these have supremacy of VCS management arrangements, no keeper
liability exists. The claimant is put to strict proof of who was the driver at the time.


3. The claimant has no locus standi


4. The signage is prohibitive in nature and not a genuine offer of terms for parking for a
motorist to consider, Therefore it is denied that there was any ability for the driver to contract
with the Claimant; in any case, car is stationary in an area/zone without any signage for a
motorist to become liable for any parking charge.


5. A CPR 31.14 request was sent to the Claimant on the 24th February 2020 for the disclosure
and the production of a verified and legible copy of proof of assignment from the landlord to
create contracts and make claims in their own name. No response to this has been received.

 

 

obviously point 5 is not valid at this point in time

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not due till/by 4pm mar 20th

 

I have placed it up as text so people can copy/edit advise rather than a PDF.

 

dx

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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