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    • But there were exceptional circumstance involved, they must count for something 
    • £1300 is fine. Don't worry about it. Don't worry about the disclaimer. It has no effect. They are trying to introduce a new term into a contract which has already been made. It has no relevance. Even if a certain delay was acceptable, the fact that they have already had your computer for three months and they are now effectively suggesting a further two months that is five months which amounts to about 20% of your period of ownership – is not acceptable. What I'd like to know – and I think is quite important – is what they say in their warranty if the computer is beyond repair. I'm assuming that you are prepared to bring a small claim against them – and that is what we will propose that they fall back on that term – especially if the term proposes that they supply you with a replacement. This would then avoid the problem for you that you would have to accept only a proportion of the purchase price. If you're not prepared to sue them – then frankly there's nothing you can do. If you are prepared to issue a small claim then your chances of success are better than 90%. The risk you if you lose is that you lose your claim fee. If you win then you will recover all of your losses. If you want to start a small claim that we will help you all the way but it will assist enormously if you can find the terms and conditions of the warranty. Have a look at their website and you may find references to it there or at the Currys website. Did you pay for this warranty or was it simply included as part of the purchase price? If you paid, then who did you pay? Did you pay Acer or did you pay Currys?  
    • Not trying to be rude, but 90% of my last text was the disclaimar from Acer which could have helped somehow.   I know I have the bad habit of making long paragraphs, but I'm sure Acer at least knows how to space and punctuate correctly.
    • Hi there, The clause that the agent is relying on is as below (Termination Clause) This Agreement will end immediately if the Landlord withdraws their instruction before the Agent finds a Tenant. Once the Agent finds a tenant who meets the criteria agreed which was agreed with the Landlord, the Landlord must pay the Agent the agreed commission.   The criteria wasn't agreed in writing but in general I wanted a trustworthy and a transparent tenant - when I rejected this tenant, I gave it in writing that I considered the tenant not to be transparent and therefore, the tenancy not to be granted.   This is what the agreement states with regards to commission on the contract. The Initial Commission fee is payable on the commencement of the tenancy and charged as a percentage of the total annual rental amount of the agreed term as specified in the tenancy agreement There is no tenancy agreement so there is no annual rent amount.   Sorry I can't upload the Claim form - please let me know if there is any information other than I have supplied already that would like to know. thanks,   Bankfodder, on your earlier note about whether the consumers have to always be provided with the cancellation rights, yes they have to - this is what the Regulations 2013 imposed compared to 2008 regulations which did not.   Even with the 2008 regulations, not providing a cancellation rights is not a route to escape - please see the case precedence below.   https://www.walkermorris.co.uk/publications/brief-october-2014/consumers-cancellation-rights-are-unaffected-by-failure-to-give-notice/   I have to disagree with you on your point about Section 6c being applied here - that again is likely to be applicable to tenancy agreement (with the tenant) certainly doesn't apply to the agency agreement. My agreement with the agent is to provide services. 
    • I'm terribly sorry but this is the second time that I'm asking you to space and punctuate your posts correctly. I appreciate that you are doing things on a telephone – but it doesn't prevent you putting in paragraph returns
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CEL MNPR PCN Claimform - CAR PARK AT 2 LINTON ROAD, BARKING , IG11 8HG due on Wednesday :(


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Hello , I hope you can help please,

 

My partner drove my car to meet some clients at a pub,

as there was no parking, he decided to park elsewhere,

unfortunately this happened to be a private land,

 

We received a PCN details below, but He (Partner ) decided to ignore as he only stayed for 18 mins ,

to be honest we can't remember if there was a photo evidence or ticket.

Claim amount is now £261.25 , PLEASE HELP .... :( 

 

 

For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 

please answer the following questions.

 

1 Date of the infringement Give answer here : 18/06/2019  18:46:02   TO 18/06/2019 19:04:29
 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Give answer here : 21/06/2019
 

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

 

3 Date received Give answer here : So sorry ..  Can't remember
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Give answer here: Mentioned on the back page under APPEALS
 

5 Is there any photographic evidence of the event? Give answer here : I haven't got any PHOTO, not sure if they sent it, I logged on there site to check but i see is the balance to pay
 

6 Have you appealed? [Y/N?] post up your appeal] Give answer here : I haven't responded to them at all , It's been ignored 
 

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

7 Who is the parking company? Give answer here : CIVIL ENFORCEMENT LTD

 

8. Where exactly [carpark name and town] Give answer here : CAR PARK AT 2 LINTON ROAD, BARKING , IG11 8HG
 

For either option, does it say which appeals body they operate under. Give answer here : POPLA (Parking on private land appeals )
 

 

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please complete post 1 in the above

 

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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  • dx100uk changed the title to CEL ANPR PCN Claimform - CAR PARK AT 2 LINTON ROAD, BARKING , IG11 8HG due on Wednesday :(

Name of the Claimant : CIVIL ENFORCEMENT LTD

 

Claimants Solicitors: Says .signed by S. Wilson Head of Legal (Claimant's Legal Representative )

 

Date of issue – 28 Aug 2020

 

Date for AOS -  think this is 15/09/2020  but i havent done anything yet ! ..

 

Date to submit Defence -   : 29/09/2020

 

What is the claim for – 

 

1.Claim for monies relating to a parking charge for parking in a private car park managed by the Claimant in breach of the terms + conditions (T + Cs ).

 

2.Drivers are allowed to park in accordance with the T + Cs of use.

ANPR Cameras and /or manual patrols are used to monitor vehicles entering + exiting the site.

 

Debt + Damages claimed the sum of 170.00 .

Violation date 18/06/2019. Time in: 18:46 , Time out : 19:04,

PCN REF : XXXXXXX , Car reg : XXXXXX, Car park : Dreams Hotel.

 

Total due - 170.00 

 

The claimant claims the sum of 186.25 for monies relating to a parking charge per the above

including 16.25 interest pursuant to S.69 of the county courts Act 1984 Rate 8.00% pa from dates above to 27/08/20 same rate to judgement or (sooner ) payment daily rate to judgement -0.04

 

Total debt and interest due 186.25

+court fee £25

+legal rep £50

 

What is the value of the claim? £261.25

 

PCN AND LETTER OF KEEPER LIABILITY.pdf

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  • dx100uk changed the title to CEL MNPR PCN Claimform - CAR PARK AT 2 LINTON ROAD, BARKING , IG11 8HG due on Wednesday :(

thread tidied.

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

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 [1 in the count]

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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Aww you are an ANGEL !! Thank you so much !!

 

I have visited the MCOL website but it is presently down .. I am getting this notification 

Sorry, the service is unavailable

We're busy releasing updates. Please try again later.

If you need contact details, go to GOV.UK and enter the name of the service.

 

I have had a look CPR 31:14 request , Can i just ask , what if they have the photos @ agreements ? will i lose the case and get a CCJ ? 

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i will guess as there is no in/out photos that this is a local guy that is either employed by CEL or is a local that gets a backhander for taking photos and dubbing people in that supposedly have parked on private land and broken some imaginary contract by entering the land

 

cel are one of the worst PPC for making fatal mistakes that blow themselves out the water.

one of the common ones has already revealed themselves on your claimform..they are not using a solicitor, but some bloke in the office one desk closer to the bog that wears a different colour skirt to the rest.

ther will be other mistake we will spot.

 

now you questions 

you are obviously very green.

you need to get yourself upto speed

 

get reading:

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=CEL &oq=CEL &gs_l=partner-generic.12...28286.28286.1.29895.1.1.0.0.0.0.58.58.1.1.0.csems%2Cnrl%3D13...0.0jj1...1.34.partner-generic..14.1.66.TuZ12NDect8

 

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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Keep trying MCOL, you have to do Acnowledgement of Service, by today 4pm  otherwise might end up default CCJ. DX or another team member will clarify.

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

 

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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MCOL is only one way of responding to a claim. 
(AOS, DEFENCE, N180 ETC)
.
If you are having problems logging in, or would prefer not to use MCOL
you can fax, email or post your response to the Court instead. 

If you send your response by e mail 
please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim number xxx xxx response” and quote the claim number in the subject field. 
.
 

 

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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To answer your question

 

1] I cannot recall where any of the paking companies have managed to get all their ducks in a row especially all the regulations they need to be able to produce a contract between them and the motorist. The most likely one they fall down on is not having planning permission for their signage from the local Council Town and Country [Advertisements] Regulations 2007.

 

2] even if they do take you to Court and you lose [pretty unlikely when defended and highly unlikely when strongly defended] you have 30 days to pay the charge decided by the  Court and that squashes the CCJ and nothing appears on your credit record.

 

It is important to get the CPR 31.14 off to CEL quickly so that if they bother to reply you can use them when you come to write your Witness Statement. If they don't bother, you can then say in your WS that you believe they do not have the necessary permissions to offer the motorist a contract.

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Thank you so much all , I am so  happy and appreciate your immediate support as i thought we had left it tooo late to the last minute !

 

Also thanks for keeping my worries at peace .. lol

 

Managed to log on to MCOL , and filled out as advised, it was also submitted before 4pm  ,  next is the CPR 31.14 , Will surely keep you abreast ..

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do not miss your defence filing date no matter what

 

 

 

 

 

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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  • 1 month later...

Good day all, 

I filled my defence to the court after sending the CPR31.14 Request to the claimant.

 

The court responded early last week with a Notice of Proposed Allocation to the Small Claims Track, which they consider the case suitabley

 

. I was then advised to complete box C1 should i not deem the case fit for the Small Claim questionnaire (Form N180) and return to the court and the other party by 2nd of Nov,2020

 

Also, a letter came from the claimant towards the end of last week titled:

1)Right of access request relating to PCN.............  

2) Old PCN notices

3) Letter before Action- Claim for Debt

4) How to pay

5) Information sheet

6) Reply form- 30 days grace to return filled form

7)Press summery- reference to old cases won

8)Claim form- Reference only

 

No reference was made whatsoever regarding the CPR31.14 request. 

 

Your views, opinions and advise will be much appreciated as usual.

 

Thank you all! 

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What defence did you file?

And have you returned the n180 yet?

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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Thanks for all responses.

 

My Defence:

 

''1)The Claimant has failed to show, upon request under CPR 31.14, any authority or agency to enter into contracts with the public by way of an assignment from the proprietor to do the same and to make civil claims in their own name.

 

The defendant does not believe that the claimant has locus standi in this matter as they have failed to produce a contract between themselves and the landowner that assigns the right to enter into contracts with the public and to make civil claims in their own name.


2)In any case no contract exists between the claimant and the defendant due to the paucity of the signage at the site that offers the supposed contract.''

 

Please note that have until 2nd of November,2020  to agree to the small claim and notify the court and the claimant as i'm yet to return the N180

 

Should i agree to the small claims track as i have limited time to respond...... Please advice!

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well done 

n180

use this 

far more professional than copying

three copies 

 

1 to the court

1 to their solicitors

1 for your file

 

no to mediation

1 witness you

yes to small claim

 

the rest is obv

 

do NOT include your phone/sig nor email on the fleecers copy

 

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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@dx100uk. I really appreciate your prompt response but i am still confused as to what is the exact step I should take next? Could you make it clearer for me, please?

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have you not been reading up here since you came here...

cag is self help too!!

 

it's imperative you understand what to do as the claim progresses and what's to come and how to react.

 

100's of like threads here 

 

use our search top right 

 

PCN claimform 

 

 

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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On 15/09/2020 at 02:34, dx100uk said:

i will guess as there is no in/out photos that this is a local guy that is either employed by CEL or is a local that gets a backhander for taking photos and dubbing people in that supposedly have parked on private land and broken some imaginary contract by entering the land

 

cel are one of the worst PPC for making fatal mistakes that blow themselves out the water.

one of the common ones has already revealed themselves on your claimform..they are not using a solicitor, but some bloke in the office one desk closer to the bog that wears a different colour skirt to the rest.

ther will be other mistake we will spot.

 

now you questions 

you are obviously very green.

you need to get yourself upto speed

 

get reading:

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=CEL &oq=CEL &gs_l=partner-generic.12...28286.28286.1.29895.1.1.0.0.0.0.58.58.1.1.0.csems%2Cnrl%3D13...0.0jj1...1.34.partner-generic..14.1.66.TuZ12NDect8

 

 

you've been here +7 weeks and i can't see you've read one other relevant thread after my post above on 15th sept

use the link above get reading and get yourself upto speed .

 

 

 

 

 

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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Hi all,

 

I would like to thank you all for your help so far on this matter. I have been reading some relevant thread on here as rightly suggested to get myself up to speed.

 

One thing is certainly clear, and that is NO to mediation. I have got to put the form N180 in the post first class tomorrow money to meet Monday's deadline.

I haven't really found a clear answer to one or two things:

1) Can i change the hearing venue to my preferred county court?

2) What's my reason for considering the case not suitable for the small claims tack and what alternative?

 

I'm really sorry to be a nuisance but this has got to be posted tomorrow morning and i'm running out of time.

 

I am really counting on your advise please

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On 28/10/2020 at 00:04, dx100uk said:

well done 

n180

use this 

far more professional than copying

three copies 

 

1 to the court

1 to their solicitors

1 for your file

 

no to mediation

1 witness you

yes to small claim

 

the rest is obv

 

do NOT include your phone/sig nor email on the fleecers copy

 

 

i'll repeat my post of earlier as some of your last post answers are wrong...

 

1 in your post ---you put down YOUR local court - as you are the defendant it is always moved to the court you put there

2. in your post above...as i said above YES to small claims track. 

 

print out 3 blank N180's ----fill them in

 

do NOT include your phone/sig nor email on the fleecers copy

 

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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