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    • The lawsuits allege the companies preyed upon "vulnerable" young men like the 18-year-old Uvalde gunman.View the full article
    • Hi, despite saying you would post it up we have not seen the WS or EVRis WS. Please can you post them up.
    • Hi, Sorry its taken me so long to get round to this, i've been pretty busy today. Anyway, just a couple of things based on your observations.   Evri have not seen/read my WS (sent by post and by email) as they would have recognised the claim value is over £1000 as it includes court fees, trial fees, postage costs and interests, and there is a complete breakdown of the different costs and evidence. I'd say theres a 1% chance they read it , but in any case it won't change what they write. They refer to the claim amount that you claimed in your claim form originally, which will likely be in the same as the defence. They use a simple standard copy and paste format for WX and I've never seen it include any amount other than on the claim form but this is immaterial because it makes no difference to whether evri be liable and if so to what value which is the matter in dispute. However, I have a thinking that EVRi staff are under lots of pressure, they seem to be working up to and beyond 7pm even on fridays, and this is quite unusual so they likely save time by just copying and pasting certain lines of their defence to form their WX.   Evri accepts the parcel is lost after it entered their delivery network - again, this is in my WS and is not an issue in dispute. This is just one of their copy paste lines that they always use.   Evri mentions the £25 and £4.82 paid by Packlink - Again, had they read the WS, they would have realised this is not an issue in dispute. They probably haven't read your WS but did you account for this in your claim form?   Furthermore to the eBay Powered By Packlink T&Cs that Evri is referring to, Clauses 3b and c of the T&Cs states:  (b)   Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line. (c)  Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency This supports the view that once a user (i.e, myself) selects a transport agency (i.e Evri) that best suits the user's needs, the user (i.e, myself) enters into a contract with the chosen transport agency (i.e, myself). Therefore, under the T&Cs, there is a contract between myself and Evri.   This is correct but you have gone into this claim as trying to claim as a third party. I would say that you need to pick which fight you wan't to make. Either you pick the fight that you contracted directly with EVRi therefore you can apply the CRA OR you pick the fight that you are claiming as a third party contract to a contract between packlink and EVRi. Personally, I would go with the argument that you contracted directly with evri because the terms and conditions are pretty clear that the contract is formed with EVRi and so if the judge accepts this you are just applying your CR under CRA 2015, of which there has only been 2 judges I have seen who have failed to accept the argument of the CRA.   Evri cites their pre-existing agreement with Packlink and that I cannot enforce 3rd party rights under the 1999 Act. Evri has not provided a copy of this contract, and furthermore, my point above explains that the T&Cs clearly explains I have entered into a contract when i chose Evri to deliver my parcel.    This is fine, but again I would say that you should focus on claiming under the contract you have with EVRi as you entered into a direct contract with them according to packlink, as this gives less opportunites for the judge to get things wrong, also I think this is a much better legal position because you can apply your CR to it, if you dealt with a third party claim you would likely need to rely on business contract rights.   As explained in my WS, i am the non-gratuitous beneficiary as my payment for Evri's delivery service through Packlink is the sole reason for the principal contract coming into existence. I wouldn't focus this as your argument. I did think about this earlier and I think the sole focus of your claim should be that you contracted with evri and any term within their T&Cs that limits their liability is a breach of CRA. If you try to argue that the payment to packlink is the sole reason for the contract coming in between EVRI and packlink then you are essentially going against yourself since on one hand you are (And should be) arguing that you contracted directly with EVRi, but on the other hand by arguing about funding the contract between packlink and evri you are then saying that the contract is between packlink and evri not you and evri.  I think you should focus your argument that the contract is between you and evri as the packlink T&C's say.   Clearly Evri have not read by WS as the above is all clearly explained in there.   I doubt they have too, but I think their witness statement more than anything is an attempt to sort of confuse things. They reference various parts of the T&Cs within their WS and I've left some more general points on their WS below although I do think  point 3b as you have mentioned is very important because it says "Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line." which I would argue means that you contract directly with the agency. For points 9 and 10 focus on term 3c of the contract  points 15-18 are the same as points 18-21 of the defence if you look at it (as i said above its just a copy paste exercise) point 21 term 3c again point 23 is interesting - it says they are responsible for organising it but doesnt say anything about a contract  More generally for 24-29 it seems they are essentially saying you agreed to packlinks terms which means you can't have a contract with EVRI. This isnt true, you have simply agreed to the terms that expressly say your contract is formed with the ttransport agency (EVRi). They also reference that packlinks obligations are £25 but again this doesn't limit evris obligations, there is nothing that says that the transport agency isnt liable for more, it just says that packlinks limitation is set. for what its worth point 31 has no applicability because the contract hasn't been produced.   but overall I think its most important to focus on terms 3b and 3c of the contract and apply your rights as a consumer and not as a third party and use the third party as a backup   
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      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.

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ParkingEye/DCB(L) ANPR PCN no.1. 15/09/2020 - Letter of Claim now Claimform - - Hallsville Quarter, London Basement And Surface


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It was me who actually brought up "de minimis" so I've changed that bit to their client wittering on about Beavis all the time.  Changes in red.

Also, shouldn't it be the Easter Bunny rather than Santa given the time of year 😉

Invest in two 2nd class stamps on Monday and send the letter both to DCBL and to PE.  Get two free Certificates of Posting.

 

Dear Children,

Re: PCN no.XXXXX

Ah, how delightful it is to receive another one of your attempts at extortion. Your persistence truly is commendable, albeit misguided.

Let's dive right into this lesson, shall we?

Firstly, I must express my sincere gratitude for your contribution to my entertainment fund. Your pennies have been put to excellent use in providing me with endless chuckles. However, your belief that I owe you anything beyond that is as laughable as it is absurd.

Now, onto your client's feeble attempt at legal jargon. Beavis, Beavis, Beavis. How quaint. It seems they've stumbled upon a legal term like a toddler discovering their toes for the first time. But fear not, my dear thickos, for the judge will surely educate them on its meaning when they inevitably find themselves in a courtroom. Oh, what a spectacle that will be!

And as for your fantasies of me funding lavish vacations through your unreasonable costs orders, well, let's just say I'll be sure to send you a postcard from my beachfront villa in the Mediterranean. Your unwitting generosity truly knows no bounds.

In conclusion, allow me to offer my sincerest wishes: may this be the last we hear from each other. Your persistent incompetence has provided me with enough entertainment for a lifetime.

With the warmest regards (not really),

Santa

COPIED TO PARKING EYE LTD

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At long last we have both the front and back of the same PCN.

So we have a PCN that does not comply with PoFA because of PE not asking the keeper to pay the PCN. In addition they have failed to specify the period of parkin since  the ANPR cameras only show the arrival and departure times of vehicles which obviously cannot include the driving to a parking spot and later driving from that parking spot .

On top of that with no planning permission that is three strikes against PE and yet they have the effrontery to take motorists to Court  for some minor infringement that PE themselves made up and most car parks manag perfctly well wothout these sharks.

As I said in a previous post PE now cannot transfer the charge from the driver to the keeper so do not divulge who was driving and they will have a very hard job to win should it go to Court.

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  • FTMDave changed the title to ParkingEye/DCB(L) ANPR PCN no.1. 15/09/2020 - Letter of Claim - Hallsville Quarter, London Basement And Surface

Hello,

Lookinforinfo - Thank you for the detailed breakdown and advice. It's much appreciated. 

FTMDAVE - I wanted to inform you that I've sent the assertive letters to both PE & DCBL via first-class post and obtained a proof of postage receipt.

Thanks

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  • 2 weeks later...

choose files at the bottom of every msg box

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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How absolutely stupid of them.  They haven't even read your letter properly.

Just ignore it.  You've told them to do their worst.

 

We could do with some help from you.

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DCBL are just a DCA in this and the Bailiff part is not applicable.

We could do with some help from you.

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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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  • 5 weeks later...

Hello everyone,

I hope this message finds you well. Unfortunately, I've received a claim form from the Court this morning, and I've attached the documentation for your reference. I'm reaching out for some guidance on how to proceed in this situation.

It seems that I'll need to prepare a defence, but I'm feeling a bit uncertain about the process since I haven't had experience with it before. If anyone could offer some advice or assistance on how to move forward, I would greatly appreciate it.

Thank you in advance. 

 

Parking Eye - Claim Form - 15-09-2020.pdf

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Hi.

Could you post up the questions and your answers in the forum sticky please? This will help us to advise.

Also you need to read the part of the sticky on what to do next on MCOL.

HB

 

Illegitimi non carborundum

 

 

 

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Hi,

Please see below and I will read on the sticky as advised in the meantime. 

Which Court have you received the claim from: MCOL Northampton N1

Name of the Claimant : Parking Eye LTD, 40 Eaton Avenue, Buckshaw Village, Lancashire, PR7 7NA          

Claimants Solicitors: DCB Legal LTD, Direct House, Greenwood drive, WA7 1UG 

Date of issue: 27/03/2024 

Date for AOS: 12/04/2024 

Date to submit Defence: 26/04/2024

What is the claim for: 
1) The defendant (D) is indebted to the Claimant (C) for a parking charge(s) issued to vehicle **** *** at Hallsville Quarter, London Basement and Surface. 

2) The PCN(s) were issued on 15/09/2020. 

3) The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Vehicle remained on private property in the breach of the prominently displayed terms and conditions. 

4) In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4. And the claimant claims 1. £170 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.03 until judgement or sooner payment. 3 Costs and court fees

What is the value of the claim: £170

Amount Claimed: £220.36

court fees: £35

legal rep fees: £50

Total Amount: £305.36

Have you moved since the issuance of the PCN: No

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform: Yes - 26/01/2024 - not replied

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It will likely be use the basic 3 or 4 line defence on MCOL, two points to note they are trying the old  either or  contention off Driver or keeper again, has to be one or the other

If Keeper they can only sue for the original amount so the  extra £70 they class as Damages not applicable.  Anyway the other's will be along soon.

PE's favourite case Beavis should work against them if suing Keeper.

 

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

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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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Posted (edited)

If you read through this short thread you'll see every stage of the legal process  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments

The important first steps are to do Acknowledgement of Service and also send a CPR request.

I see PE have messed up by sending you a LoC for £100 but then suing for £170.

 

Edited by FTMDave
Sorting out my capital letters!
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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

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

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please note your corrected dates for AOS and defence filing...

 

pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. 
Choose ‘Create sign in details’ to register for the first time. 
You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. 
You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**

 then log in to the bulk court 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 the website

.get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim

type your name ONLY

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.

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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Thank you. I'll review the thread and initiate the AOS process accordingly. I'm encountering some trouble logging into the claim portal. It keeps indicating that either the claim number or password is incorrect. Currently, I'm on hold with the court to resolve this issue.

A quick query regarding the CPR request: Should it be directed to DCB Legal? If so, I'll ensure to dispatch it today.

Appreciate your support.

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read the guide!!

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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Sorry DX.. I have sent CPR request off to solicitors just now.

Been holding on the phone for almost an hour now to recover the claim password, not getting through to MCOL for some reason and cannot log in to acknowledge the claim...

Should AOS via the form provided perhaps?

If not I will keep trying until they close at 5pm today.

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they close at 4pm. but leave it 

try AOS again tomorrow.

not rush you have till the 12th.

stop panicking take things SLOWLY and read things carefully.

hope you didn't use email for that CPR??

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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was worried there.

dont forget until today mcol has not been manned since 4pm thursday.

they ALWAYS have issues over the w/end and always take atleast a good few days over these bank holiday extended w/ends to sort the backlog out. as the phones are really hot for days.

leave it till end of week if not tuesday next week.

dont keep trying as it'll just lock you out.

not due till the 12th and even then it can be emailed. not an issue...for a LiP.

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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Hi Dx,

I've managed to reach out to the money claims team.

I may have inadvertently logged into the claims system yesterday but accidentally closed the browser afterwards.

Unfortunately, the system only allows one login attempt with the provided code.

They've recommended that I submit the Acknowledgment of Service (AOS) via email, attaching the filled-out form to the message.

I'm just about to proceed with this, but I want to ensure that everything I've filled out is accurate.

Would you mind reviewing it and giving me the go-ahead to send it off?

Thanks a bunch

AOS - 03-04-2024.pdf

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