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    • 1st Draft - reviewed several statements    I was a bit unsure about adding more about the section 78, although they took a very long time the did provide the CCA - any help appreciated    In The *******County Court Claim No. ********* Between **********Claimant and *************** Defendant     I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.   1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   3. It is accepted that I have in the past had financial dealings with HBOS. That being a Credit card Agreement.   4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   6. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount.    7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 06/09/2019. I made a request for the following documents:   ·         A copy of the Default Notice ·         A copy of the Notice of assignment ·         A complete set of statements detailing exactly how the debt has accrued detailing ·         All transactions ·        Any additional charges applied since the account was terminated ·         A statement  of all payments received.   The claimant to date has failed to comply completely with my request and has not provided me with the required Default Notice.      8 .On the 13/11/19 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request.    9. A CPR 31.14 request was sent 25/11/2019 via Royal Mail signed for and shows as received 27/11/19. A Request for the following documents was made:   ·            Default Notice ·            Full statement of account     The claimant to date has failed to comply and disclose the default notice.   Conclusion   To date no Default Notice has been produced.    The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant.   Arbitration confirmed that a claimant could not produce the Default notice document    Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.   Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974.    I **********, the defendant, believe that the facts stated in the witness statement are true.     Signed…………………………. Dated……………………………
    • time for an sar first make sure you read all the posts in the sar link too.   dx  
    • its a car park at the side of a lake   simplest thing to do is ignore them until or unless you get a letter of claim.   then comeback here.   i will gather you didn't buy a ticket at all?   dx  
    • Hi HoneyBee13,   Thank you for your time - The nearest cornerstop is about a mile away in South Cerney village.   Kal
    • For the benefit of posterity Most recent response from Hermes following emailed letter of claim (I will be sending hard copy too)  
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TurbulantK

MET ANPR PCN - Great Cambridge Road Retail Park, Enfield, EN1 1EL

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Hi,

 

I've received a parking charge notice from Met Parking Services for overstaying 28 minutes at the Enfield Retail Park on 15th March. I was in Sports Direct for half an hour, then went into Aldi for the weekly shop. This took longer than expected due to the panic buying, staggered entry and queuing at the supermarket. Can I appeal this charge due to the global pandemic, and hope they're forgiving here? The world is upside down at the moment, but these cockroaches continue to harrass! Any help, insight or experience will be most appreciated!

 

1 Date of the infringement

15/03/2020
 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

19/03/2020
 

[scan up BOTHSIDES as ONE PDF- follow the upload guide]

 

3 Date received

23/03/2020
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

Y

 

5 Is there any photographic evidence of the event?

Y - entry and exit pictures

 

6 Have you appealed? [Y/N?] post up your appeal]

N
 

Have you had a response? [Y/N?] post it up

N/A

 

7 Who is the parking company?

MET Parking Services

 

8. Where exactly [carpark name and town]

Great Cambridge Road Retail Park, Enfield, EN1 1EL
 

For either option, does it say which appeals body they operate under.

POPLA

 

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hi ya

I've had to remove the PCN 

you've failed to redact it 

can we have colour please too

 

and don't forget your reg no. only redact that in the pix too.

read upload


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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Don't appeal, it will identify you as the driver something you don't wasnt to do as it removes POFA protection.  You would lose any appeal, they will not make any concessions for Crisis, they won't make any money if they did.


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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The leeches won't be forgiving - but you can be damn sure a judge would be if they were stupid enough to take you to court.

 

BTW, how long is the free parking period in the car park?


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

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