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    • I’m tempted to send a letter to the company outlining the reasons why I think their PCN is illegitimate. I guess will technically be an appeal.  Their documentation states they won’t discuss over phone, I also don’t want them to have my email address.    re signage on entrance, having looked at land registry, the whole road is private, and when you turn into the road off the highway, there is a sign on the lamppost about 20m in, again not noticeable and on the other side of the road.  I feel like I am in a difficult position with this, I understand that I may have a good chance of not having to pay, but at the same token the stress this is already causing me makes me feel like it’s not worth the £60!
    • Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    
    • I will annotate the message I sent for the forum.  Sorry, didn't see this straight away...
    • I went back to the area, this photo is taken on entry. My vehicle was parked in the first space on the left.    Would you say there is sufficient signage ? It’s different to the street view as one sign is missing. The sign nearest to where I parked is 2.23m above ground! So even if the car had been reversed parked in front of it, I don’t think it could be seen. PCN PPM.pdf
    • Thank you. I expect that @dx100uk will be along soon to give advice. Meanwhile, I really wonder whether the default date – as being the starting point of the six years – something which has been decided in law. It has always seemed to me to be extremely unfair. According to the limitation act, the six year period begins from the date on which the cause of action accrued. This normally means that the breach of contract occurred. Section 6 of the limitation act says that in terms of loans, the cause of action begins on the date that the debt was "demanded". Over the past two years this has come to mean the date that the default notice was issued – but I have to say I don't find that very satisfactory. If you received demands for payment before then then I don't see why section 6 shouldn't refer to that date. Did you not receive any correspondence at all in 2017/2018? What was the value of the original loan – and how much you pay off? I see that there was some kind of instalment agreement. Tell us about that. See what my colleague @dx100uk says but anyway, if I were you I would send off an SAR immediately both to the claimant and also to the original creditor. It costs you nothing. There is no downside. Get in the post straightaway with some kind of utility bill establishing your identity. You can even include a copy of the claim form as well as proof of your identity
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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backdoor CCJ Aktiv Kaptial - set aside - whats next?


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Damm it didnt send! will wait till I get to 20 post, only 2 more to go, all will become clear!

 

The people involved monitor this forum quite extensively and I have seen how underhand they can be for myself in the way they have handled my case.

 

I'm not taking any chances.

However suffice to say,

they are a well know company on this forum,

who has done this before.

 

Fortunately I have the ear of a cabinet minister who's willing to take this up once it's resolved (they are not allowed to involved in any ongoing legal disputes)

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Damn! didnt send, I need 30 to send to you, 20 to mod.

 

Trust me I will, I think when the full facts are revealed there is a good chance of this DCA being stripped of their licence.

 

Yes a solictor is involved, we were planning to take action against these people ourselves.

 

Problem is, he's gone away on hols for a fortnight, this then dropped through the door earlier this week and I have to file early next week.

 

Am desperately trying to get hold of him!

 

Hopes this throws some light on my earlier posts,

because I need to either delay or get away with handing over the bare minimum of my case till I can get hold of him.

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We know from experience that a single unfortunate ‘admin error’ will not see a debt buyer or DCA stripped of its licence. That’s wishful thinking.

 

Is this your solicitor or theirs? If it’s theirs and he knows what’s going on, the SRA should be your next stop.

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It's mine, as we were planning to go either fast track or multi-track with the counter claim.

 

I found a recent similiar case to mine where this has happened, the claimant settled out of court.

 

Also there is another company involved who are sort of off the radar, who are doing things this company would never risk in their own name.

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Ahh yes, the old "Admin Error" excuse, as we know they are not admin errors.

 

Fortunately they are leaving a big paper trail in my case, that will show it is nothing of the sort.

 

However if said DCA gets wind of what's coming their way, they are going to start covering their arses so they can claim the "Admin Error" excuse.

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Calling Andy,

can you point me in the direction of a sample particularised defence somewhere?

 

I want to make sure I'm getting the format correct,

 

i.e. not too little info, but not too detailed either.

i.m onto the counter claim part of my defence.

 

how much detail do I need ?

 

is it brief like a POC, particularised POC or Detailed (i.e. cite how, what and why the damages I have claimed for have occured)

 

Andy I've had a good trawl around the forum to find the nearest case to mine in terms of procedure (rather than the case matter) and the closest I can find is this thread which you have been helping on.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?348133-Moved-and-received-CCJ-Help-please/page1

 

on page 4 of the thread, post 67 the posters states

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?348133-Moved-and-received-CCJ-Help-please/page4

 

1. Judgement be set asidelink3.gif

 

2. The defendant do file defence by 4.oopm on 20th July 2012

 

the parallel to my case is that these were the orders that have been given in my case after my set aside, the only difference is that the judge has split these over two orders.

 

In the thread in question, which I am now following religously as it looks like it's going to go down somewhat a similiar path. is that,

 

a) Maybelate wasn't advised to put in a particularised defence at this point

b) After sending in the brief defence, an AQ was sent out and the case started following the "normal" path.

 

I'm a bit confused as this seems a bit contrary to what I have been advised here, what am I missing ?

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Every claim every defence every scenario is unique batty...there are no parallels or sample particularised defences.It all starts at the Particulars of claim.

 

Regards

 

Andy

We could do with some help from you.

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I appreciate that,

just trying to get a sense of what I need to get in.

 

I have gone for a "semi-particularised" in that I have used the standard defences on here regarding documentation (where they are missing in my case).

 

Plus added a few other defences which are particular to my case,

 

I'm not accused of adding them later.

 

But are being deficient on citing my evidence till the exchange of witness statements and documents.

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That's the best approach to adopt never be to particularised...keep your options open.Cast doubt and open the claimant along the process.

 

Regards

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Actually what I meant by "Sample Particularised Defence" is the format, e.g. where do you put the date,

do I need to quote case no.,

do I need to make a declaration of truth.

 

what I mean is, not the content, obviously the content is unique to each case, but the format.

 

e.g. when I did my ws for set aside a solicitor contact of mine gave me a template to work from but the details were totally irrevelant to my case (wasn't even a DCA/debt case)

 

I dont want my the defence thrown out because I didn't follow something procedural, like forgetting to quote the case number!

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IN THE XXX COUNTY COURT CLAIM NO: XXXXXX

 

Claimant

Nasty Bank

 

 

V

 

Defendant

Batty

 

DEFENCE

 

 

XXXXXXXXXXXXXXXXXXXX

 

 

Statement of Truth

 

Dated xxxxx

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Yes Batty you will submit a defence & PT20 Counter Claim.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

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