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    • Better to keep my suggested paragraph as one rather than split it......defence above amended.
    • So they've produced a copy of a statement amounting to the figure claimed for AND a copy of the CCA but it isn't signed... Not sure if that's admissable or not due to it being online, it does have my account number and address on, but the customer signiture and date section is blank.  They posted this up online the day after the case meeting....   Is it game over?
    • PD 44 Timing of summary assessment   9.2 The general rule is that the court should make a summary assessment of the costs – (a) at the conclusion of the trial of a case which has been dealt with on the fast track, in which case the order will deal with the costs of the whole claim; and (b) at the conclusion of any other hearing, which has lasted not more than one day, in which case the order will deal with the costs of the application or matter to which the hearing related. If this hearing disposes of the claim, the order may deal with the costs of the whole claim, unless there is good reason not to do so, for example where the paying party shows substantial grounds for disputing the sum claimed for costs that cannot be dealt with summarily. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs/part-44-general-rules-about-costs2#para9.5    
    • I find many inconsistencies in the posts from Louiseannmarie, not least her reference to her 'badge number'. Since when have the British Police held badges? They are issued with a warrant and use collar numbers for identification. Possibly has watched too many American movies!   'Her' spelling and grammar are less than I would expect of a Police Officer and her threat to report the site to the West Midlands Police, whilst claiming to work for them does not ring true.  Suspect that 'she' is a troll.
    • Thanks @lookinforinfo.   The text is updated:   1.       This case is often quoted by the claimant as assisting their case. However, in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location, which is not 'relevant land'. The Airport land is subject to the Airport Byelaws as specified in 'Section 63' of the Airports Act 1986 [EXHIBIT A]. Both cases involve flawed reasoning, and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest. Furthermore, VCS has been running the parking business at airports over the years it would be expected that they would become familiar with the Airports Act. Unfortunately, they choose to neglect and deny the Act in their Witness Statement.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

CEL ANPR Morrisons Morrisons, Butterfly walk, Camberwell, London, SE5 8RW


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Hi All,

 

Yesterday, 14/12/2020 I received in the post a Parking Charge Notice from Civil Enforcement

 

The circumstances are as follows:

On the day of the said offence , I did buy and enter my Car Reg number in the parking payment machine. I paid £2.00 for 1 hr Parking. At 10.02am. I had the ticket displayed in the car. I have since lost the ticket.  I did not do shopping in Morrisons.  The PCN shows me entering at 10.01 and exiting at 11.37. Admittedly I had overstayed. 

 

The PCN says "Payment not made in accordance with terms displayed on signage" 

 

It appears I received the PCN after 14 days.   My question is should I pay? 

 

I have not replied or appealed to CEL

 

__________________

1 Date of the infringement 26 November 2020
 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  11/12/2020
 

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

 

3 Date received  14/12/2020
 

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

5 Is there any photographic evidence of the event?  No
 

6 Have you appealed? [Y/N?] post up your appeal]  No

 

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

7 Who is the parking company? Civil Enforcement
 

8. Where exactly [carpark name and town] Morrisons, Butterfly walk, Camberwell, London, SE5 8RW
 

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

 

 

 

 

 

PCN.pdf

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  • dx100uk changed the title to CEL ANPR Morrisons Morrisons, Butterfly walk, Camberwell, London, SE5 8RW

yes as above from homer..

 

but..you've left the pcn number showing.

 

this car park is very well known to us

 

Programmable Search Engine (google.com)

 

there is no such time limit change on parking that has been varied by the council since the original planning was granted anyway and CEL can't change that.

 

until or unless you get a letter of claim

you are safe to ignore everyone.

 

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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