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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
    • I will need to find the original two letters. It wasn’t that long ago so they can’t have gone far 🙄   but nobody remembers this pcn which makes me wonder about the date. I will check. 
    • Electricians generally do a good job and we all need them from time to time.  However, none of us would employ an electrician to change a light bulb, we'd do it ourselves.   The small claims courts is designed to be informal and to discourage the use of solicitors.   What we can't understand is why you are paying a solicitor huge sums to do things you could easily do yourself.
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Smart ANPR PCN - but i paid - Fantasy island, main, Skegness


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1 Date of the infringement

12.09.2020
 

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

28.09.2020
 

3 Date received

01.10.2020
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

No
 

5 Is there any photographic evidence of the event?

Yes
 

6 Have you appealed? [Y/N?] post up your appeal]

No
 

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

N.A
 

7 Who is the parking company?

Smartparking

 

8. Where exactly [carpark name and town]

Fantasy island, main, Skegness
 

For either option, does it say which appeals body they operate under.

Smartparking then IAS

 

Received a parking charge notice today, however i have managed to find the receipt in my car on that day, i did buy a ticket and i believe it was for 2 hours. I will upload the letter and ticket tomorrow at work thanks.

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  • dx100uk changed the title to Smart ANPR PCN - but i paid - Fantasy island, main, Skegness

do not appeal

 

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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Let's say you didn't pay (you did of course, but just for the sake of argument) and Smart Parking are in the right.

 

They need to pursue the driver of the car.  They know who the keeper of the car is from the DVLA, but that's not the same thing, lots of cars are driven by more than one person, my son often drives my car for example.  It's a big problem for them.

 

So they got parliament to pass a law, POFA 2012, where, if the keeper refuses to name the driver, then liability can be passed to the keeper, but only under certain conditions - such as sending out the paperwork within 14 days.  Usually they are too lazy, stupid & arrogant to do this, as in your case.

 

That's why dx said not to appeal, as unfortunately when appealing most motorists out themselves as the driver,

 

 

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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

 

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sadly smart are never , smart , they never get it right

but because 99% of the idiotic population believe

 

2 simple things:..........

 

a private parking company sending a speculative invoice is a FINE

and

Debt Collection Agencies are BAILIFFS

 

most if not all blindly cough up and get cash cowed - when neither is correct

 

do you thus blame these companies for trying it on for little more than the price of a stamp....

 

the public sre blind SHEEP...

 

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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You're in a great position, they've already messed up their NTK.

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

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  • 4 weeks later...

std rubbish

get reading like threads here

 

dx

 

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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 seems shocking to me that despite all the furore in Courts all over the Country that these crooks are still charging these exorbitant  amounts. I suppose that so many people just pay up without querying the amount. One of these days it will, I hope come back  and bite them hard.

 

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exactly, numbers game and who the judge plays golf with or p'haps the otherway around.

 

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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  • 10 months later...

OK, this time you need to reply with a suitable snotty letter showing them you'd be big trouble for them if they did do court.

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

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Dear CST Law,

 

cheers! for your  “Letter Before Claim” dated 06/09/2021, received with your ref number ..... for alleged parking breaches.

 

Please be advised that I have absolutely no intention of paying these extortionate and ridiculous made-up sums of money for allegedly breaking some imaginary contract which I never entered into and which you have not demonstrated how I personally became party to.

 

You do not even have the identity of the driver who had the vehicle on the alleged date of offence, yet you want to litigate against me. 

 

I could go on but it is enough to say that this whole claim is utter nonsense and I’m sure that any Judge would agree.

 

Should you wish to proceed with this farcical claim, then i will be requesting  unreasonable costs order under CPR 27.14(2)(g)

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Great work.

 

Write at the bottom COPIED TO SMART PARKING LTD.

 

If none of the other regulars have comments, invest in two 2nd class stamps tomorrow and get two free Certificates of Posting from the post office.

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

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Thanks Dave, I'll wait untill see if any others have comments and then send off tomorow. 

 

found this funny actually but CTS law says the date of charge is 30.08.3020 but the original copy I received and is uploaded further up says 02.09.2020 🤣😏

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