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    • Okay I have just started to write a draft to put together as defence:   In The County Court   Claim No: XXXXXXX Between XXXXXXXXXXX (Claimant) -and- XXXXXXXX (Defendant) ____________ DEFENCE ____________ 1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. 2. Based on the deficient Particulars of Claim, it is believed that the claim relates to a purported debt as the result of the issue of a Parking Charge Notice (PCN) to the driver of the vehicle XXXX XXX, parked at XXX. 3. It is admitted that the Defendant was the registered keeper of the vehicle in question, at the time of the alleged issuing of the Parking Charge Notice (PCN). 4. The Particulars of Claim does not state whether they believe the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the Particulars of Claim do not meet the requirements of Practice Direction 16 7.5 as there is no mention of anything which specifies how the terms were breached. 5. It is denied that: a) A contract was formed b) There was an agreement to pay a parking charge. c) That there were Terms and Conditions prominently displayed around the site. d) That in addition to the parking charge there was an agreement to pay additional and unspecified additional sums. e)The claimant company fully complied with their obligations within the British Parking Association Code of Practice of which they were member at the time. 6. The Defendant did not enter into any ‘agreement on the charge’, no consideration or communication took place between the parties and therefore no contract was established. 7. The Defendant denies that they would have agreed to pay the original demand of £100 to agree to the alleged contract had the terms and conditions of the contract been properly displayed and accessible. 8. Due to the sparseness of the Particulars of Claim, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct. 9. Further and in the alternative, it is denied that the claimant’s signage set out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.       Statement of Truth: I believe that the facts stated in this Defence are true. Name Signature Date     I need to add that there is no contract with the company, I am unable to confirm terms and conditions as you need to display the permit whilst using facilities on site, the car park in question is free,  the £60 fine was unlawful, the parking company have no proof of loss, they are abuse of process, I wasn't named as being the driver, I have no PCN or any of their solicitor until the claim form came through the post. 
    • scroll up to  ericsbrother post of February 10    a good start.   dx      
    • you have now said twice in posts you have been fined. that shows you haven't been reading up here on private parking claimform threads at all.   use our custom google search box that comes up after you hit our top squares logo.   type in   PCM Claimform.   theN READ as many threads as you can.   you should spot that when people file a defence  its one that has about 3 - 5 simple very basic short lines. and that is one that is applicable to the claimant and the type of parking claim in their poc they are making    you don't file early!!   you have 2 weeks to work this out   post it up here 1st please    
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  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  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY 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]
    • don't forget we have a custom google search box here   https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=pcn disabled bay&oq=pcn disabled bay&gs_l=partner-generic.12...89905.96346.0.98117.5.5.0.0.0.0.132.411.4j1.5.0.gsnos%2Cn%3D13...0.6527j13191631j6j2...1.34.partner-generic..5.0.0.NzHqsz5KVoY
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stevvieboi

Problem with TV from AO.Com using V12 FINANCE

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looking for a bit of advice before making call to V12 and where i stand with this,

 

this time last year i took quite unwell, i contacted v12 around April 2019 to explain my circumstances and if anything they could do, they informed me they would refund all the charges on my account, would suspend for a few months, but this would also involve a mark on my credit rating,

 

recently i have been getting calls from them, letter telling me not to ignore this, and letters of action, also an email the other day from someone saying they have tried to contact me by several means and they were putting any further action on hold for 15 days before taking any further action in order for me to contact them,

 

also receiving statements from them regarding my account with them, checking my bank account again to notice no DD were stopped and every one paid up to today, last one was last week, then checking there statements and no refunds were made either,

 

i had also started a complaint with them as goods were faulty and repairs not been met, which they have rejected also, so will be writing to the fos any advice would be greatly appreciated thanks 

 

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What is the debt for ?


We could do with some help from you.

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finance on a tv

 

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Which was bought from which retailer ?   


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 The National Consumer Service

 

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AO.COM

 

 

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So you have not missed a direct debit and have not defaulted...okay they have not made any refunds to the account as promised no surprises there.I assume they have not marked your credit file because you have not missed a payment ?

 

The problem with the TV itself should be directed to AO.COM not V12 Finance.


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 The National Consumer Service

 

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tv arrived faulty, and kept getting messed around by AO.com then told to contact lg while it was still under warranty, lines were busy was given the option of leaving a message which i did took 10 days for the return call by this time warranty expired, i then contacted AO again who offered to pay half the bill, which i found unacceptable, then tv developed lines down the screen, i would have not been bothered but it was £1500 and expected better than that, it was also not used that often, so i contacted V12 to make a complaint under the consumer credit, then came back saying Ao.com said they had received only a few emails, no mention of all the calls also made where they made this offer, and V12 are in favour of AO, and referred me to the fos, then i have just discovered the other problem with v12 as mentioned above 

 

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one was missed but it was paid, but because i asked for help they informed me that they would have to put a mark on my credit file, but never stopped taking payments, never gave the refund, and now all these letters and emails, just after advise before i make the call, have had a look through some of the files, but can't seem to find anything other than the guidance to record, i only went to V12 because i was getting nowhere with AO and as its still on credit i was informed to contact V12 who would go to AO, i was getting chemotherapy and was getting no help from UC and was trying to balance everything out best i could, payed off another loan i had with them, but never earned anything last year

 

 

Edited by stevvieboi

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I have moved your topic to the appropriate forum and amended your thread title to make it clear what the problem is.

 

How old is this TV ?


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 The National Consumer Service

 

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its now just over 2 years old, been in spare room as we had to buy another new one because of its faults, notified them with the first fault when it was 2 months old, and kept telling me they would get back to me 

 

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Well you have up to 6 years to make a small court claim under the  The Consumer Rights Act


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 The National Consumer Service

 

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

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