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    • I have just checked and unusually, Brent Council have a website that advises on whther their streets are adopted or not. Atlip Road is a private street on their site. Brent Council - Road adoption checker form WWW.BRENT.GOV.UK Form to check whether a road has been adopted  
    • Why international criminal networks are behind a jump in the theft of catalytic converters. View the full article
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL 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 MCOL. .. get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............      
    • The president says he will only sign it if Democrats can pass a separate, far bigger budget bill. View the full article
    • Bolmsgr    if it was me I would put it first as if the contract is invalid and if the Judge agrees, then you win the case.    Indeed, it may be that VCS would not even turn up in at the Hearing or withdraw which would be the ideal situation. However this is your case and FTMDave has worked hard with you to help on your WS.   Whatever you decide to put it I have modified what I said in my previous post so that you can copy it.   Definition of "Relevant contract”  from PoFA 2  [1] means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—   (a)the owner or occupier of the land; or  (b) authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land.   According to https://www.legislation.gov.uk/ukpga/2006/46/section/44    a contract to be valid requires a director from each company to sign and then two independent witnesses must confirm those signatures. The fact that no witness signatures are present means the deed has not been validly executed. Therefore there can be no contract established between VCS and the motorist. And even if "no stopping" could form a contract [which it cannot], it is immaterial. There is no valid contract end of.   Surely VCS a company that signs innumerable contracts must be aware that no contract exists at the East Midlands Airport. Two points arise from that.   The first is that by issuing many PCNs at EMA with knowingly not having a valid contract is bordering on fraudulent.   Second, VCS in order  to gain access to DVLA data VCS have averred that they have complied in their CoP that they have complied with all the legal necessities, which appears patently untrue.   As Lord Neuberger said in the famous Parking Eye v Beavis  at the Supreme Court [2015] UKSC 67-"And, while the Code of Practice is not a contractual document, it is in practice binding on the operator since its existence and observance is a condition of his ability to obtain details of the registered keeper from the DVLA.   In assessing the fairness of a term, it cannot be right to ignore the regulatory framework which determines how and in what circumstances it may be enforced". The Noble Lord is correct and should call into question the right of VCS to obtain information from the DVLA.   You may have noticed that in the second paragraph of this post the words "relevant land" cropped up which would be a good follow on for bringing up the Bye Laws and streets covered by the Road Traffic Act in case the Judge did not accept the contract argument.  
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AQ is Allocation Questionaire. YB might be disputing the charges because your schedule of charges doesn't add up to the figure they have, I know this happened with caro's case and she asked them for a breakdown of what they had for the charges. It might be a good idea for you to read through her thread which is now in the 'Successes' section. It might enlighten you to what to do or what will happen next.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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zebby dog what is a AQ? Sorry im new to all this. I've check the MCOL website and it says that YB have disputed the chages. Will I recieve a letter to go to court? And Im sorry for stressing; but what are the chances that they will turn up at court??

TA

 

The AQ is basically a court form you fill in and send off.This helps to decide at which court your case is to be heard and which track ( small claims,fast track etc and the time it will take to be dealt with in court) There is a template in the library on how to fill this in.As for them turning up in court, its not likely.They havent done yet,but be prepared for them to take it to the wire and dont be put off by any of their threats it is all bull and bluster.

 

 

 

 

If I have helped please click the scales bottom right:wink:

;) If this helps please click the scales bottom left
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I have just recieved a response from Kirstie Ross who is the YB solicitor. And she has signed the defence saying that I have operated by bank in such a way which has incurred the charges.. blah blah

Is this standard procedure, It just seems so official..

Does anyone know what I need to expect next or where on this site I can look..

Thanks

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Zebby dog; this AQ form, is this something that I should be completing now..?

I haven't recieved a court date yet, just un sure of the stages...

 

 

No you just have to wait for the court to send it to you.this will happen when their 28 days to settle or defend expire.It will have a date on it by which you MUST return it to the court, make sure you send it back promptly;)

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Any more news Martin?

 

 

Sorry Westwell.. I didnt see ur reply.. Just received my AQ.

Im unsure about what info will help to complete the form accurately.

Also im thinking of going on a short trip and wondered whether it is possible to postponed the AQ for a month. I see on the form that there is a ticky box to delay it for a month.

:smile:

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Look in bank templates library for allocation questionnaires a guide to completion here's a link

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

you can't delay the AQ there's a return date on it which you must comply with, the tick box you mention is to apply for a months stay to try and settle so it only delays the hearing date

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Look in bank templates library for allocation questionnaires a guide to completion here's a link

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

you can't delay the AQ there's a return date on it which you must comply with, the tick box you mention is to apply for a months stay to try and settle so it only delays the hearing date

 

Im completing the AQ now, it is asking about witnesses. Can I call my girlfriend as a witness to my financial situation? What have most people done?

Also can i put that im on holiday for 2 weeks with regards to the hearing dates?

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also the form has a section G.. other information.

Do i need to write anything in this box.. sorry everyone im clueless..

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

Also say you expect the case to last no longer than 1 hour

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Zebby not sure what to write in the G section further information. Do you have any ideas. Also from reading Caro's thread i was wondering how I go about claiming interest to todays date, rather than to the date that I have calculated in my last schedule of charges.

Not sure if I have spoken / written gobbledeegook,,,:lol:

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its getting nerve wracking now... thanks Zebby i have completed section G now with ur help. I have another question being that my claim is just over £1,500 i have to pay a £100 fee to the courts. Can I attach a chque to the form, and who do I make the cheque payable to?

Thanku in advance

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Can I attach a chque to the form
,Yes
and who do I make the cheque payable to?

HMCS (Her Majesty's Court Service)

 

 

Section G:

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundemental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediously.

- The crux upon which this claim rests is the true cost incurred by the Defendent as a result of the contractual breach from which its charges arise. If the Defendent cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles establised since the early 1900's.

- In the event that the Defendents charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

 

And then attach a copy of the Draft Order. You don't have to do this if you don't want to.

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Michael i have already written on the form;

'I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.I expect the case to last no longer than 1 hour.'

 

Do I add your paragraphs to to the form.. what is the draft order? is that something I have to complete?

Im sorry, I have no idea...

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Do I add your paragraphs to to the form..

All but the last para, which repeats itself.

 

what is the draft order?

Read post#3 here;

New strategy for Allocation Questionaires

 

 

is that something I have to complete?

You don't have to comply with it until the judge agrees to issue it as a Direction Order. He might not.
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Michael I have had another read of the new strategy for AQ..And there is a template; draft order, which i think that I should complete and attach to the AQ questionnaire. And also submit your info on a separate sheet with the form.. Am I right ?:o

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And there is a template; draft order, which i think that I should complete and attach to the AQ questionnaire
.

You don't 'complete' it just attach a copy of the order to the AQ

And also submit your info on a separate sheet with the form..

If you mean the info the Draft Order requires you to do, then no, not until the judege agrees to it and orders you to submit the info.
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