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NSGL/QDR PCN claimform - residential - Century Wharf, Cardiff, CF10 5NP - *** Claim Dismissed***


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??

the OP has received a claimform not a letter of claim..snotty letter time ship has sailed gentlemen..

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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yea sorry ...

 

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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Wow, this thread has been busy!

 

So from reading some of the threads in PPC successes, I'm getting a better idea now, just keep it simple.

 

1.  It is denied that the driver of the vehicle entered into any contract with the claimant on the day in question.

 

2.  It is further denied that any contract exists between the defendant and the claimant.

 

3.  The signage at the site is forbidding and inadequate to constitute an offer of a contract.

 

4.  The claimant has no locus standi to make a claim in their own name.

 

Something like that?

 

I've submitted the AOS now and sent the CPR request to the solicitors, what's the deadline for submitting a defence?

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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On 11/01/2021 at 20:58, Cardiff Devil said:

 

Date to submit Defence - 9 Feb 2021 

 

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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Share on other sites

Yes, you're right, less is more at this stage.  For example, your "It is further denied that any contract exists between the defendant and the claimant" can cover a multitude of reasons - no locus standi, them suing the wrong person, them not respecting POFA, the signage being carp, no planning permission, etc., all reasons that would prevent a contract being formed. 

 

I would be tempted to swap (1) and (2) around, as really the court is interested in the dispute between the claimant and the defendant, and I would cut out (3) and (4) because they are covered by (2).  So

 

1.  It is denied that any contract was entered into between the Defendant and the Claimant.

 

2.  It is denied that the driver of the vehicle broke any contract with the claimant on the day in question.

 

3. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.

 

However, you have yonks yet to submit a defence, hang on and see what the other regulars think, I'm not an expert with defences!

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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Cheers Dave, sounds good so far. 

 

I take it all the main points I want to raise get introduced later on, as some kind of evidence pack?

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Yes, if the fleecers are stupid enough to proceed, at some point the court will tell both parties to produce a Witness Statement.  That is the time to flesh out all your points and chuck in the kitchen sink.

 

For instance, look at a recent example, the attachment in post 58 at

 

https://www.consumeractiongroup.co.uk/topic/422971-excel-anpr-windscreen-pcn-claimform-brewery-st-car-park-chesterfield-on-0207-2018-claim-dismissed/page/3/#comments

 

Your case is quite different, so I'm not suggesting to copy this example, but it is an example of an excellent Witness Statement and the OP went on to hammer the charlatans.

 

Off topic, but Cardiff is a damn nice city.  I've only been there once, I went with my young son a few years back for a Cardiff City v Sunderland.  We were rubbish and went 2-0 down, but somehow scored two goals at the death and got a point.  We kipped over and made a weekend of it and went to the Doctor Who Exhibition the next day.  Everyone, including your fans, were really friendly & helpful.  We passed the Tourist Information Office on the Sunday morning, I tried the door, found it closed, realised I'd got there before opening hours, saw a staff member wandering over, I apologised profusely for trying the door without reading the sign, but was told to come in anyway even though it wasn't officially open!

  • Like 1

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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You have pretty much got a slam dunk case but with the Judge lottery it is as well to have many irons in the fire. So as youhave founfd problems with their PVN could you please answer the following as well as posting the front and back of the PCN/NTK.

 

 Have you received a Parking Ticket?

 

 

 

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Cheers again Dave.  I'll pencil that in for now but I won't submit yet in case anyone else has anything they think should be included.

 

Part of me suspects that they're using this as a last ditch attempt to put the frighteners on me into paying up, and once they receive a properly worded defence and realise I'm prepared to push back they'll bottle it and back out.  I'm sure there's some kind of law against using the courts system as an intimidation method but these PPCs seem to know how to play the game.

 

That's Cardiff City for you, snatching a draw from the jaws of victory.  Seems to be the motto for our current season so far.  Glad you had a good time when you were here though.  If you come back any time soon let me know, there'll be a beer on me waiting, Covid permitting.

  • Haha 1

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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it's numbers game.

for a few £ outlay to them 99.9% of people wet themselves and cough up.

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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  • 3 weeks later...

Hi all.

 

As the deadline is approaching now, I'd like to get my defence in by the end of the week in case anything unexpected crops up. 

 

If nobody has anything to add I'm going to go with the defence that Dave posted in post #32.

 

Cheers

CD

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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just so we don't make any schoolboy mistakes then. can you please:

 

On 14/01/2021 at 01:29, lookinforinfo said:

You have pretty much got a slam dunk case but with the Judge lottery it is as well to have many irons in the fire. So as you have found problems with their PCN could you please answer the following as well as posting the front and back of the PCN/NTK.

 

 Have you received a Parking Ticket?

 

 

 

 

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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Share on other sites

  • 1 month later...

Hi again all.

 

Just a quick update as I've been really busy the last 6 weeks or so.  I submitted the short defence on 8th February, just before the deadline and I had confirmation from the court that it had been received.

 

They advised that the other side had 28 days from the date of the letter to respond, which by my reckoning came and went this week.  I haven't heard any more and there's no new updates to the case if I log in to the MCOL page.  I'm guessing if they don't respond by the deadline then the case gets chucked out?

 

I also haven't had any response or anything from the CPR letter that I sent to the solicitors back on the 12th of January.  Do they normally have to respond to this within a set timeframe?

 

Thanks

CD

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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no it gets autostayed as the court letter tells you..

 

as there is no MCOL update regarding the claimant filing their DQ N180 then i suspect the above is true ( which doesn't show on MCOL)

 

if so it will cost the claimant £255 via an N244 to lift the stay now, they don't usually bother.

however do not move without informing the court and the claimant within 6yrs.

 

 

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 DX.  That's pretty much what I figured was going to happen.  £255 is more than the cost of the claim and I've read that they can't claim that back under costs even if they won the case later.

 

I haven't heard anything from the court.  I'd assume that if I had then that'd mean they'd filled in the necessary stuff and were proceeding, but I haven't so I presumed the PPC had bottled it.

 

The only thing I have had is a letter from the PPC's solicitors arrive on Saturday, dated 9th March, it just quotes the case reference number and says "We act for the claimant in the above matter.  Please note our intention to proceed with this claim".

 

However by my reckoning they're timed out.  I've tried ringing the court but struggling to get through.

 

Cheers

CD

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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no need to ring.

 

mcol will show if they've returned the n180 to proceed.

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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Cheers DX, well you were right.  Just checked MCOL again, looks like the DQ was sent yesterday. 

 

Game on.

 

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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So I've received the N180.  Am I right in thinking that;

 

  • I don't agree to mediation (since I don't owe them squat).
  • I agree that this needs to be allocated to the small claims track.
  • I want this transferred to my local county court.
  • I'm not looking to produce any "expert" evidence or any witnesses in person (although I do have a written witness statement I want to submit).
  • I also don't believe I need to fill in the EX370 form for mediation since I don't agree to this.

Also it says that I must complete the directions questionnaire and file it with the court by 31st March, and serve copies to the other parties.  Does that mean I need to send a copy of this to the claimant and their solicitors, or does the court do that?

 

Thanks

CD

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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just follow any other PCN claimform thread

 

no to mediation..

1 wit you.

 

the rest is obv

dont give email/sig/phone on the copy  to GDR

but leave it on the court copy 

3rd copy for your file.

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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Share on other sites

Cheers DX

 

So sign the copy for the court, but not the one for the claimant, and is it going to the claimant directly or their solicitors?

 

Thanks

CD

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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QDR

no sig/email/phone as you dont want the fleecers filing stuff 1 min to a midnight deadline i'e ws with fake documents.

 

 

  • Thanks 1

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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Share on other sites

Perfect, Cheers DX.

 

That's gone in the post today.  Am I right in thinking the next step is the court directing both parties to compile their witness statements?

 

Thanks

CD

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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will be weeks of not months for it to be allocated to your local court then them issue an actual hearing date.

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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Share on other sites

  • Andyorch changed the title to NSGL/QDR PCN claimform - residential - Century Wharf, Cardiff, CF10 5NP - *** Claim Dismissed***
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