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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  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 [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim 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.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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VCS PCN Claimform - Broomfield Developements Broomspring Close. S37XA ***Claim Dismissed***


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the letter is without prejudice so no you cant mention it and nor can they.

abuse of the court by making that threat when you have denied you owe a bean

 

If properly used a without prejudice letter is useful for entering into negotiations but that is not the intention here,

they are still asking for more money than they are lawfully entitled to even if they win so hardly  being an honest broker.

 

What you can do if you are minded to waste a stamp is to tell them that you decline their offer as there is no cause for action so the claim isnt genuine recovery of a loss and the without prejudice letter isnt a genuine attempt to enter into negotiations with a view to settle but just another feeble attempt at harassment and abuse of process.

 

That will sink the letter without trace

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  • 2 months later...

Hi all. 

I just got a court date for the November 2020. 

They say in the letter the Judge wishes to deal with the matter on paper because off the current pandemic. 

 

This has thrown me, I wanted to be there to say things. 

I have to fill a form in and send it back to court, to say I agree or not,

 

N159, any advice on this will help.

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You can insist on a hearing in person, by phone or online I think, your reason is you want to cross examine the person who wrote their WS on several points.  Also  but not given as a reason obviously is that the fleecers lies cannot be challenged if Judge is looking at paper submissions. .

 

Others will be along soon with further pooints.

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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most of the recent PPC claimform threads have this already

simply read one of them.

 

dx

 

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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might be best to state you would rather have a face to face hearing, but most certainly object on the papers only hearing as you wish to cross examine the author of their WS.

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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It most likely will be a phone or online during the Coronavirus crisis. If your WS has trashed his robo POC, and he thinks he will lose he might bail and discontinue.

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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In normal non-COVID times you would have a choice between a case decided on the papers, or in person.  We always says to demand a case in person, because otherwise the fleecers will send pages & pages of lies which you won't be able to challenge.  Plus it costs them to turn up, they're too stupid to deal with their own cases and so have to use solicitors, so often they give in before the court case.

 

Due to COVID it will likely be a choice between a case heard on the papers, on a phone hearing.

 

So write to the court and say you don't accept a hearing on the papers as you wish to cross examine the person that wrote the WS, as brassnecked & dx say, but say a hearing carried out over the phone or by other remote technology as the court deems fit is fine.

We could do with some help from you.

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Hi FTMDave, I rang court up, they were very helpful, explained I did not want paper hearing as I will need to question their particulars of claim.  I also would wish to challenge WS statement orally if I have to.  They said best thing was to hold it by telephone so I could do this.  They gave me email address so I can request telephone hearing and they will send it to the judge,

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That seems ok it puts them in a spot, the last thing Simple wants is his rubbish POC and cut 'n paste WS to be challenged in a hearing.

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...

Hi, I had my hearing on the 5 November (Telephone) I won claim thrown out after 15 mins.  The signs duff, did not form a contract.  I will go into it in a bit more detail in a bit, bogged down with things at present.  I can say something with all honesty, they are the biggest set of lying B— ———— ds Ive had the misfortune to come across.

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  • FTMDave changed the title to VCS PCN Claimform - Broomfield Developements Broomspring Close. S37XA ***CLAIM DISMISSED***

When you get a minute, could you flesh out how it all went horribly wrong for VCS?

 

Simon is very litigious and it's always useful for motorists in future cases to know how he's been hammered in court.  Thanks.

We could do with some help from you.

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Great stuff Did VCS send a local grunt to present for them?  Simple Simon might get the message one day.

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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Where their WS was picked at and what specific points rubbished is very useful  SW

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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GDPR Claim time?

 

 

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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  • AndyOrch changed the title to VCS PCN Claimform - Broomfield Developements Broomspring Close. S37XA ***Claim Dismissed***
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