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    • I thought they were not allowing people to sign for recorded delivery/special delivery now meaning it could still be argued that they ever received it     
    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
    • FKofilee - thank you we got a fair deal if I am honest due to my daughters mental health issues it was better than I thought I would get because as was correctly pointed out to me as long as she is out of the toxic environment with a reference that is better than trying to prove bullying etc.    At least now we can move on.   To everyone, thank you for the comments about the reference think it was just the over protective Dad in me, I do not want any one to think ill of my daughter as her issues were caused by abusers who told her if she told me I would end up in prison not them which is something I will always feel guilty about as she suffered in silence. She knew I would have taught them that some people are capable of hitting back and may well not have stopped at simply giving them a taste of their own medicine. Unfortunately as a father of three girls I have found out the hard way I can not protect them from everything but we try to turn the page and move on.
    • Hi Dave, Hope you enjoyed the football and thanks for looking over the WS.   I have two questions:   1) Strategy - for my mum's car, considering 3 of us were insured on it before it was sold (me, mum, dad) do you think it's worth just playing the 'sue the driver not me' and evade whether she was there or not? And then say POFA wasn't fulfilled so can't be held liable at keeper. I wanted to point out in the WS they should be able to identify the driver considering they had a patrol officer and their privacy notice on their sign says:    'These images will include the recording of the vehicle number plate and may also include images of any person(s) associated with the vehicle. Images are collected for the purpose of identifying the driver or keeper responsible for any charge arising from failure to follow the contractual terms and conditions of the site.’   Obviously in practice they won't have taken images cos that would be a GDPR/privacy nightmare to store. But its their threat, so why not ask them to produce it?   Or should you think its best to to make the statement as you suggested and say they were there and keep it vague about who was driving, like the wording you used suggests?   2) Planning permission: I can't find anything in the portal, I emailed the council and they sent me a booklet about advertising and signs and asked which ones I meant. So I'll reply with pictures. But aside from hopefully the council replying saying they don't have permission - I don't know how else to prove that they didn't have planning permission.    Sorry I have so many questions - writing two WS's (even if they overlap) is a bit of an undertaking!          
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Express Solicitors - Breach of Contract, court summons


bigdaddy36
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Ive not read the finer details of the claim or intended defence...simply posting on how to utilise CPR 31./CPR 18 

We could do with some help from you.

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No she hasn't as yet, would be good if she could as PDF.

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

 

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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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Thanks. Just had a quick look at them. 

 

I really wish the OP would have shown us there draft Defence before filing it. 

 

I am really not optimistic about her prospects of success in Court having read the pleadings and the example Defence. 

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  • 5 weeks later...

Hi, yes there’s an update.
 

The matter has gone to the small claims court.
I have posted the relevant forms  to the court and copy to claimant, indicating my preferred CC centre. They will be delivered all parties by Monday 24/8!
 

@Andyorch do you have any advice please as to how best I prepare for the next phase now? 
 

Have a good week end all. 
 


 

 

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Notice of Allocation (N157)assuming by the above you mean you have submitted your Directions Questionnaire (N180).

 

The notice of allocation will list the directions what you and the claimant must do in preparation for the hearing...claimant must pay the hearing fee and both parties must file and serve their witness statements and evidence simultaneously by the date stated.

 

Andy

We could do with some help from you.

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Thank you @Andyorch yes you are correct. I returned the N180 questionnaire. 
 

I will prepare now for the hearing. I have already filed my defence statement and will wait instructions from the court authorities. 
 

I will update here again. 
 

Many thanks again. 

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Well obviously you have filed a defence otherwise you wouldn't have filed a Directions Questionnaire and the claimant would have attained a default judgment by now......preparing a witness statement is completely different to filling a defence....post when you receive the Notice of Allocation and I will run through it with you.

We could do with some help from you.

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  • 8 months later...

Many thanks Andyorch. Hope all is well with everyone on here. 

 

My claim against Express Solicitors has been allocated to be heard remotely on the 16th July at 10am at Romford County Court

 

The letter states that it is estimated this hearing will take two hours.

I need some assistance now please satisfying the Judge's directions for preparation for the hearing. 
I will upload the court letter (remover names etc) for ease of reference. 

I am determined to fight this case so thanks all. 

 

Here's part of the court letter

Court Letter for the forum_100521.pdf

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Notice of Allocation N157 with standard directions...you must prepare a witness statement in support of your defence with evidence  ( numbered exhibits )attached to your statement. You must file and serve by the dates outlined in the Directions.

 

Andy

We could do with some help from you.

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Post a copy of your statement here (in PDF and redacted) before submitting.

 

Andy

We could do with some help from you.

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Thank you kindly, hugely appreciated.  I will do. I have a draft ready that I put together with Bankfodder's genius help some time ago, will review and post it here. 

 

 

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  • 1 month later...

Yes this case is still going and it is indeed in 11 days. Statement prepared. Express solicitors have very “kindly” supplied me with their 326 page document witness statement. Impressive!!

 

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