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    • Hi CAG,   First time poster here.   I would like to start off by saying that I've read through various threads and it's quite heartwarming to see the level of attention and support you give to people dealing with often stressful and anxiety inducing circumstances. I'll certainly be making a donation as this is truly a valuable resource.   I've read several similar threads to my own situation but I thought I'd seek your advice.   I opened a letter just a few hours ago from London Collection and Compliance Centre which is dated 11th January 2022 for an amount totalling £870.68. I'll attach a copy below. I can't quite remember the date of the initial offence. For context, I boarded a bus (I believe in 2018) and unbeknownst to me, my contactless card did not register correctly on the reader. I had my headphones in with music playing and was sat for my journey and then was approached by a ticket inspector who informed me that I did not tap and therefore was unable to provide proof of a valid ticket. Despite explaining the circumstances, I was asked for my details which I provided in full. I was honest and forthcoming with the ticket inspector but I wasn't aware this would amount to a fine as I was provided with a printed pass for the remainder of my journey. I accept liability for not being able to provide proof of a valid ticket and do not wish to dispute this regardless of intent.    I'm not entirely sure why I didn't pay the fine upon receipt of TfL's initial correspondence but I'm a long time sufferer of anxiety and depression which at times is so debilitating that I'm unable to make the best decisions or carry out simple actions. Some of which would mean I wouldn't need to make this post. I struggled financially at the time of receiving this letter and further correspondence which placed I did not deal with correctly because of the mental state I was in. I struggled to cope with and stupidly I neglected my responsibility and buried my head in the sand. I made an error in judgement that I wholeheartedly regret.   As of writing (early hours of 26th January 2022), the 10 working days given in the 'Further steps notice' has elapsed (25th January 2022). I rarely receive mail and therefore I don't regularly check my mailbox. However, I decided to take a look today as I suspected I missed a Royal Mail delivery. I intend on calling the number on the letter at the earliest appropriate time in the morning and dealing with this matter. I'm desperate to right my previous wrongs as I've worked hard to deal with my anxiety by beginning therapy. However, like many others in this thread, I'm worried about the prospect of having a criminal record. I'm 26 years only and I don't have any previous convictions nor have I had any trouble with the law. I have a real love for the service TfL provides and I'm capable of listing off an endless stream of related trivia. I have no previous run ins with TfL and regularly travel on the network and pay the correct, full fare each time.    I'm worried about how this will affect my future in regards to employment and my intention of naturalising as a British citizen (I've been in the UK for 20 years now).   I'll note my primary questions below and would truly appreciate your advice.   a) If I get in contact with the number on the letter as soon as possible, will that be too late despite the close proximity to the deadline?   b) What would be the best potential approach to resolving this issue? (I'm unable to pay the amount in as a lump sum.)   c) If I were successful in arranging a payment plan/somehow paying the amount in full, how would that affect the court proceedings? Would this still result in a criminal record?   d) I've seen other threads which mention OOC settlements with TfL, would this be an option despite receipt of a 'Further steps notice' letter?   e) Should I end up in court or have the opportunity to speak to someone over the phone - will I be able to explain my circumstance and plead for leniency?   f) What other general steps would you suggest I take at this stage to mitigate the consequences?   Apologies for this post being so long, I wanted to include as much relevant detail as possible and I'm more than happy to provide any that's missing. I don't want to make excuses for myself. I completely accept I'm in the wrong for allowing things to get to this stage, despite the difficulty I had with my mental state but I want to do right by myself and deal with this. I'll post regular updates and be sure to include a conclusion once I deal with the matter regardless of the outcome.   Thank you in advance for looking at this post, I really do appreciate what you do.   IMG_2609.pdf
    • The worrying aspect is that they could well run away ... then a few months down the line, knowing full well you'd moved, sue you at your old address, knowing you would lose by default.  Therefore I suggest sending the above letter off on Thursday if the other regulars don't disagree, then on Saturday another one to just UKPM     Dear UK Car Park Management Limited,   re: PCN no.XXXXX   please note that I no longer live at XXXXX but that my new address is XXXXX.   Yours,
    • How about -     Dear Will & John,   Re: your reference XXXXX, vehicle registration XXXXX   cheers for your Letter Before Claim.  I rolled around on the floor in mirth at the idea you thought I would actually take such bilge seriously and then cough up.   Now you know and I know and now you know that I know all the reasons why these residential parking claims are utter pants.   Your thicko client, UKPM, have been hammered in court so many times in these cases, but if they haven't learnt their lesson and want another thrashing, fine, bring it on.   I see the government this week dropped tests for fully-vaccinated travellers returning to the UK, so if your client is daft enough to take me to court then I will delight in tolchocking them, then obtaining an unreasonable costs order under CPR 27.14(2)(g), spending it all on a foreign holiday, and then laughing at your client's expense while I down my aperitivi.   I look forward to your deafening silence.   COPIED TO UK CAR PARK MANAGEMENT LIMITED     Gladstone's and UKPM are well aware of where these letters originate from and that they would have a real battle on in court, so lately have always run away ... although of course there are no guarantees.   However, hang on through tomorrow and see what the other regulars think.
    • 'Walk the ice, take risks and do it quickly'View the full article
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my particulars to vague


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Hi all,

I would like to start this thread at the stage where I am because I think this bit in particular is distressing and confusing. I realise I have made a mistake while filling in the MCOL POC. This is what I put, I got it from a bad bank charges website, unlike this great one:

 

The claiment claims the repayment of unlawful bank charges for the period 1 July 2002 to november 2006 amounting to £1408 for direct debit, standing order, over draft interest and over draft excess fees. The claiment also claims interest on this amount under section 69 of the County Courts Claim Act 1984 at the rate of 8% a year from july 2002 to november 2006 of £290.68 and also interest at the same rate upto the date of judgement or earlier payment at the rate of 8%. The claiment also claims the court fee of £120.

I have until the 23rd Dec 06 to return my AQ, could anyone tell me my next step because I dont know what to do next?

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Does the defence mention that the POC are embarassing?

You will need to file an amended POC on N244 which I'm afraid will cost you £35 and is not recoverable. Look in the templates library fot the N1 template to get the correct POC.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Do what gizmo said, on this forum there is a sticky called 'Claim too vague'

Read that. It will help

 

don't worry I did the right process and they still said it was vague and embarrassing. It's a standard response and it's a way to scare you off.

 

Read the forum templates, you'll be fine

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What would happen if I didnt amend it and just sent the AQ back. Because they should know what the claim is for and isnt it the Judges job to tell me the claim has insuficient details? Section G says to put any other information you consider will help the judge to manage or clarify the claim.. What should I put in that box?

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How about this

 

ALLOCATION QUESTIONNAIRE N149 / N150

 

 

 

Section G Other information

 

 

The defendant in its defence contends that this claim is not suitably particularised and the statement of claim is “embarrassing” and shows no reasonable grounds for the claim to be brought. The Claimant disagrees with this contention entirely. The claims particulars clearly state the statutory and common law provisions on which this claim relies, and the claimant will of course elaborate upon the claim particulars at such time as is required upon the direction of the court. Further, contrary to the contention of the defendant, the relevant numbers of the account in question were clearly identified in the claimant’s particulars of claim, and a full schedule of the charges which form the sum claimed from the defendant was sent to Northampton bulk court on the day of issue for inclusion alongside the claims particulars. Additionally, the defendant was served with this information on two occasions previously within a 28 day period allowed by the claimant to attempt to resolve the issue prior to the commencement of this litigation. In the interest of expediency, I have attached another copy of the schedule to this allocation questionnaire.

 

 

As is known to the defendant, I am a litigant in person in this case. It is respectfully submitted that the contentions of the defendant are highly likely to be an attempt to distress and intimidate, rather than presenting any valid or reasonable objections to the clarity of the Particulars of claim.

 

 

Follow the above with the guide notes from the templates library, ie, the request for allocation to the small claims track and for an order of standard disclosure.

 

Taken from the sticky written by GaryH

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Yes, as Gizmo has said and as it clearly states on the sticky thread, that passage for the AQ is ONLY to be used if you've used the correct POC as per the templates library.

 

In your case an amendment is most definately advised. The Cival procedure rules require your statement of claim to specify the claims basis in law and fact. The template you used certainly does not do that and to be honest I'm quite inclined to agree with Lloyds defence - it is embarrassing! Your claim could quite easily be struck out on the basis of those POC's.

 

Its not your fault, there are clearly cowboys operating out there now through other sites and we're getting quite used to clearing up their mess.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks...

 

I Have Used The Template N1 Form Made Three Copies And Made Three Copies Of The Schedule Of Charges And Will Take It To The Court Tomorrow With My Completed N244 Form. Pay The £35 Quid And Then Wait A Couple Days I Guess????:|

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You dont need the actual N1 form, just the N1 particulars. Heres a guide to help you with the amendment;

 

The N244 -

Top left hand box:

 

1. Tick c), without a hearing

 

Leave the rest blank

 

Part A:

 

I ***** (the claimant)

 

(that....) allows an amendment to the above claim in respect of the claim particulars

 

(because....) the claimant did not adequately particularise his claim in that he did not specify the common law and statutory provisions that form the grounds for the claim being brought.

 

Part B:

 

tick 'evidance in part C' box

 

Part C:

 

Something like;

 

"I respectfully request that the court allows an amendment to my particulars of claim.

 

(brief explaination of why the amendment is needed, etc...............)

 

Please find attached to this application my proposed new particulars of claim, as well as a schedule of the amount claimed in respect of penalty charges levied by the defendant"

Then, print out the N1 particulars of claim from the templates library, set the page out like this:

YOUR NAME

 

and

 

LLOYDS BANK PLC

 

 

in the ******* COUNTY COURT

CLAIM NO: *******

 

PARTICULARS OF CLAIM

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

Fill in the gaps, attach your spreadsheet and take 3 copies to the court, along with 3 copies of the completed N244 + the fee. Tell the court staff what has happened, apologise for their inconveniance, and ask that your current particulars of claim are disregarded and replaced by the new ones. It will have to go before a judge to ok the amendment, and you could possibily get called for an application hearing which is nothing to worry about.

 

Also, complete your AQ and take that to the court at the same time - you'll find guide notes in the templates library.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Does'nt matter, as long as you hand it in before the date specified.

 

See the AQ guide notes in the templates library for help filling it in.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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The standard one which requests allocation to the small claims track and standard disclosure.

 

NOT the POC's vague one - it does'nt apply.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 2 weeks later...

Well I have paid the £100 for the AQ to the court last week and the deadline for the AQ is sat 23rd. I have heard nothing from the court or the solicitors do you think this is normal? I have sent a copy of my AQ to [problem]..

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  • 3 weeks later...

Well, I still have not heard anything from anyone??? Does anyone know when I shouild recieve my directions from the court? Its been over 2 weeks since the AQ had to be in..

 

waiting in anticipation!!!

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  • 2 weeks later...

Well I have recieved in the post today a, General form of Judgement or Order. It states:

 

1 permission to the claiment to amend in accordance with the draft annexed to the application to be served within 7 days.

 

2 the defendent may file amend defence if so advised by 5th feb 2007

 

3 the time for filing AQ be extended to 26th feb 2007

 

___________

 

I cant believe how far back I am now its so frustrating.. I thought I was waiting for directions?????

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You have been granted your amendment. Send a copy of the amended POC and a copy of the order to SC&M as soon as possible.

 

They could then file an amended defence, but probably won't.

 

Ring the court around mid Febuary to check whether you need to file another AQ or not.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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