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    • Hi thanks a lot for answering! Here are my answers:   It is a PCN's received through the post [ANPR camera capture] (must be received within 14 days from the Incident)   1 Date of the infringement 12/09/2021   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 17/09/2021   3 Date received 24/09/2021   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Yes   5 Is there any photographic evidence of the event? There is a photo of my registration plate on entry and exit.   6 Have you appealed? [Y/N?] post up your appeal] Yes. I used a template shared on this page:  Template parking ticket appeal letter WWW.PARKINGCOWBOYS.CO.UK Download our template example private parking ticket appeal letter. This has been written to challenge tickets issued under the...   Without prejudice, except as to costs Parking Charge Notice - Notice to Keeper [88884231954]   This letter is a formal challenge to the issue of your Parking Charge Notice - Notice to  Keeper as set out in the current BPA Ltd AOS Code of Practice B.22 On 12/09/2021, I was the registered keeper of a XXX registration number XXXXXX. Before I decide how to deal with your Parking Charge Notice - Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter. I should be grateful for specific answers to all questions raised. In this respect I remind you  of the obligations set out in the current Practice Direction on Pre-Action Conduct. I dispute your claim for the reasons set out below. Please note that although I dispute the  whole basis of the parking charge, my main concern is its disproportionate and punitive level.   1. Your parking charge amount claim. Please explain on which of the following grounds your claim is based: (i) Damages for trespass (ii) Damages for breach of contract (iii) A contractual sum   2. Your loss. If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.   3. Your status – the creditor. Your Parking Charge Notice - Notice to Keeper simply mentions Euro Car Parks ECP,  Please tell me who is the actual creditor making this £100 parking charge demand. I need to know exactly who is making the claim and in what capacity.   4. Ownership of premises. Please tell me who owns the car park as I wish to send them a copy of this letter.     5. Contractual Authority (as required by BPA Ltd AOS CoP B.7) Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.   6. Signage. If it is your case that a contract has been breached or that a contractual sum is now due,  please send me photographs of the signs that you display and upon which you seek to  evidence that a lawful and legally enforceable contract has been entered. Please ensure that  the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park.  Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point.   7. Summary I look forward to receiving your acknowledgement within 14 days and as there are no   ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I deal with your Parking Charge Notice – Notice to Keeper. If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision. If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.   Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.   Have you had a response? [Y/N?] post it up Yes:   Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons: The car park is operated by Automatic Number Plate Recognition (ANPR) – cameras capture an image of vehicles entering and leaving the car park and calculate their length of stay. Parking at the above site is limited to 15 minutes. On entry to private land it is the responsibility of the driver to check for signage and ensure that your vehicle has been correctly parked. Your vehicle was parked longer than 15 minutes, therefore the notice was issued correctly and remains payable. vehicles found not adhering to the signage will be issued with a parking charge notice (PCN). Please be advised that there are a number of signs around the car park indicating the restrictions of the site and it is the responsibility of the driver to read them when parking. With regards to the reference to “Pre-Estimate of Loss/breach of consumer contracts 1999.” Please be advised that the Supreme Court has made judgement (04/11/15) that clearly sets out the issue of parking charge notices on private land (law of contract applies) and in particular pre-estimate of loss. The parking charge notice is enforceable on the basis that it protected a legitimate interest when the driver failed to adhere to the terms and conditions and was not extravagant, exorbitant nor unconscionable. The parking charge is not an unenforceable penalty and does not breach the Unfair Terms in Consumer Contracts Regulations 1999. Please make payment of £100.00 by visiting our website at www.eurocarparks.com or use the automated telephone service 0203 553 4559. Alternatively make your cheque payable to Euro Car Parks Limited (to include a £2.50 handling charge for cheque processing) and post to Euro Car Parks Ltd, 30 Dorset Square, London, NW1 6QJ, quoting the PCN number on the reverse of the cheque. This amount is now due and the charge will be held for 14 days to allow time to make the payment. If payment is not received within this time further charges will apply. You have now reached the end of our internal appeals procedure.   You can make an appeal to the Independent Appeals Service, POPLA (Parking on Private Land Appeals) using the unique POPLA Reference code provided above. Please note, should you decide to appeal to POPLA, or if you appeal to POPLA and your appeal is subsequently rejected, the option to pay a discounted amount will NO longer be available and the FULL AMOUNT of the PCN will become due.   Please note - if the ticket was issued in SCOTLAND and or NORTHERN IRELAND, ONLY “THE DRIVER” can appeal to POPLA. If you/the driver decides to appeal to POPLA, you will need to visit the website, www.popla.co.uk, where further details of how to appeal (either online or by downloading the relevant forms) can be found.   If the driver is unable to access the website, please call us for further information on how to obtain the forms. Please ensure that the POPLA Reference Number as noted above is quoted on all correspondence to POPLA. The driver has 28 days from the date of this letter to submit an appeal to POPLA. If the driver appeals to POPLA, we will suspend recovery activity on the PCN.   Appeals may NOT be accepted if payment is made against the Parking Charge Notice, including any appeals logged via POPLA, if applicable.   If you choose to do nothing, we will seek to recover the monies owed to us via debt recovery procedures and may proceed with Court action against you.   By law we are also required to inform you that the Ombudsman Services (www.ombudsmanservices.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution services. As such should you wish to appeal then you must do so to POPLA, as explained above.   Yours sincerely   7 Who is the parking company? Euro car parks (ECP)   8. Where exactly [carpark name and town] MFG - BP Petrol Station Glasgow   For either option, does it say which appeals body they operate under. BPA     I attached a copy of the first letter received and a photo of the "final notification letter" I just received. NTK Mr PCE_compressed.pdf
    • you are in scotland totally ignore them   no tort of trespass no POFA 2012    
    • simply copy and paste it if 2 is not correct yes remove it.   go ahead and file it
    • All of the above!!   As an aside a CCJ issued 12 months ago shouldn't be a barrier to getting a mortgage, find a good broker. You might pay a slightly higher interest rate, but could probably remortgage in a couple of years, even if you can't set aside the CCJ.
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Direct tiles Warehouse - Faulty Tiles - Claim Issued


kammx4
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That is what i originally sent and the 2nd time asked what I'm claiming for which is what i sent in the 2nd statement. Shall i resend the 1st statement or rewrite and make it more detailed?.

 

Not sure why the court hasn't got that 1st statement but the whole thing was a mishap anyway as the 1st call i had the judge had the wrong case.

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Rewrite a fresh particularised particulars of claim given that the court has ordered this.....lay it out as per the defendants statement format.

You will have to submit an application notice N244 to change the defendants name....the fee will be £100.

 

Post a copy here of your intended particulars before submitting...you will have to conclude it with a statement of truth as you will be submitting it manually.Did the court give a date that this must be complied with ?

 

Andy

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Please find this amended claim as requested on the 30th of October this year.

My original claim was sent on the 29/6/2020 and not what was used on the 30th.

 

Claim is as follows

 

after checking all the tiles, as per Ceramics/DTW’s contract for size, colour and shade differences etc etc, it became apparent upon the grout stage of tiling, which is the final process there was a serious problem with the supplied tiles, a differing stage of staining on the edge of some tiles.

 

After exhausting the use of the chemicals purchased by myself and supplied by ceramics/DTW ltd and upon a more thorough inspection, ie catching the tiles in a correct light at an angle the problem was revealed and using a magnifying glass tiny microscopic holes in the surface on some edges of some tiles.

 

I have physical and pictorial evidence of this as do Ceramics/DTW and conclude the tiles supplied are not fit for purpose and the contract has been broken.

 

We have 19 tiles in various stages of defectiveness but after two offers from Ceramics/DTW which wouldn’t cover any labour costs, and by Ceramics/DTW”s own admittance the new tiles supplied won’t match the ones we already have,  and on the bequest of Ceramics/DTW to provide three quotes to replace all the tiles, which we’ve done we conclude we need to change all the tiles to keep a continuity and perfect colour throughout our £40,000 project. 

 

Ive draughty this so far. Look forward to your thoughts.

 

I"ve created this  so far.

Look forward to your thoughts.

Claim number will be on the email to the courts.

 

Please find this amended claim as requested on the 30th of October….pdf

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Requires work.....a lot if you wish to stop this set a side.Did they actually submit a defence ?  If so can you scan redact and upload that also.

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No thats not their defence......thats their statement in support of their application to set a side.Did the court advise them to submit a defence now its been set a side?

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No they just asked me to serve and an amended statement and why the contact was breached. The above is the only Court paperwork i have from Compton group other than letters received at the start of the year.

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You should receive a General Order notice form the court advising the set a side and requesting you to submit amended particulars. Im not sure what this judge is thinking when he is without sight of the defendants intended defence or what is concerning him with your particulars.

 

It is important to quote the CRA 2015 and that you are relying on this as the basis of your claim.....your stated losses and interest if requested. Try not to go into too much detail.with regards to the nature of the defect...there is a defect..you are not satisfied with their previous offers and what you require to satisfy your claim.Rememebr the more detail you give the more detail you give to the defendant to use in their defence.

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CRA 2015? and how am i relying on this please?. I'll redo the statement and take out the detail. I'm not a legal person but i think their defence IS that ive accepted the tiles. Is " not fit for purpose" a legal term?.

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Consumer Rights Act  2015 ....its was initially stated in Bankkfodders suggested particulars and in your initial posted particulars.

That is the legislation you are relying on .

 

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The judge wants a better statement in the particulars like the defendants and the terms of the contract that I'm saying has been breached.

 

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Post it here for opinion before submitting.....and again you cant just attach it to an email with the claim number...it must be formatted like the defendants statement and conclude with a statement of truth signature and dated...otherwise its invalid and likely to be rejected by the court.

 

Quote

The judge wants a better statement in the particulars like the defendants 

 

Be professional.

 

Andy

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Not really......does not state how much your claiming or if your claiming interest...its suppose to be a particularised version of your POC.

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No County Court name ...no claim number....no date.......no heading......hold your proposed statement at the side of the defendants......does it look the same ?

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Better .....beginning to look like a particularised defence...although your final paragraph should state the amount claimed 

 

 

" Pursuant to the consumer rights act 2015 sections 9, 10 and 15 . I have a legal right to be supplied with goods that are satisfactory and fit for purpose to which these tiles are not and clearly the contract has been broken. At no time from my initial contact to Ceramics ltd/ DTW even after offering numerous times did they want any samples sent or come and inspect the tiles themselves.

 

The claim is for all works to be completed which consists of replacement of all 125 tiles and labour . 

 

And the claimant claims £5999.00 along with court fees of £410.00 "

 

Quote

 I thought maybe i should mention that due to the nature of the fault and evidence i have that the court would need to see this in person?.

 


Sorry I dont understand the above statement ?

 

Andy

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21 minutes ago, kammx4 said:

Would you not think that as some of the evidence should be seen by the judge to ascertain the problem they should know before hand so we don't get an conference call hearing.

 

Your not at that stage yet......unless the judge specifically requested evidence be submitted with the particularised defence.....otherwise that follows with the court directions.

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  • Andyorch changed the title to Direct tiles Warehouse - Faulty Tiles - Claim Issued
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