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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...    
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    • 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
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PCN by PCM on a Peabody Estate in RBKC


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JULY 2021

I attended a Well-being class run by Bikeworks on behalf of RBK&C. It was on a Peabody Estate.

I have a Blue Badge and upon arriving there was nowhere to park. 

I phoned the notice on the wall and was given permission to park on a Visitors parking space.  They were not issuing permits due to Covid. 

 

On the third lesson I had a PCN for £60.

I could not understand why so I appealed to IAS. 

During the appeal the cost rose to £100 as the fine was not paid within 14 days as I waited for the response. 

 

The IAS rejected my appeal but did not listen to the recorded phone call or take into account the testimonial of the Teacher who was present during my phone call.  They just said "NO". 

 

I wrote again and got a Councillor involved.  They refused to listen.  I eventually made them produce a recording of the phone call.  I was given permission but to park in a Visitor's Bay.  There were no markings as all the numbers and letterings had been worn away by time. 

 

they produced  two photos where lettering existed and which said "Visitors".  I had never seen these bays

I returned to the part of the Estate to find them.  There was not one readable visitors sign. They had just photographed a signed from another part of the Estate. 

 

How dishonest and deceitful is that? 

I am still pursuing under the threat of debt collectors and have written to the CEO of Peabody, the MP for RBKC and the Cllr for the Ward. 

I expect them to just fob me off and don't know whether to brave it out or risk the debt collectors

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2 tips - it's NOT A FINE

and please take the time to space your post out next time  not a block of text please as above

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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please complete this:

 

and scan up to one multipage PDF all comms in/out to anyone

read our upload guide carefully.

 

next time don't appeal, as you ID yourself as the driver and lose protection under pofa2012, another worthy point to know is it is not a fine, it's a speculative invoice, also blue badges mean nowt on private land. i would now go radio silent until/unless they issue a letter of claim.

 

a DCA is NOT A BAILIFF

and have 

ZERO legal powers on ANY DEBT - no matter what it's type.

 

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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If you answer the questions in the sticky linked by DX we can see exactly where you are at, but its not a Fine  and never can be a FINE its a Civil Invoice for breaching a term in a Contract they deeem you to have breached for daring to park in an area they infest.  The invoice is a Parking Charge Notice, never a Fine.

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

 

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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Peggy39 I think you have a good chance of not having to pay their invoice. It was a good idea to contact RBKC so well done for that. If you are having problems with completing the questions that were asked for on Post 3 let us know so we can help. We would hate you to go ahead and pay these greedy ********** when you don't have to.

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Just found out how to reply to you.  Thank you for your response have had an acknowledgement from the CEO ofPeabody  who is looking into it.  

 

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peggy please do the

19 hours ago, dx100uk said:

please complete this:

 

and scan up to one multipage PDF all comms in/out to anyone

read our upload guide carefully.

 

next time don't appeal, as you ID yourself as the driver and lose protection under pofa2012, another worthy point to know is it is not a fine, it's a speculative invoice, also blue badges mean nowt on private land. i would now go radio silent until/unless they issue a letter of claim.

 

a DCA is NOT A BAILIFF

and have 

ZERO legal powers on ANY DEBT - no matter what it's type.

 

dx

 

 

please do the all the above

 

 

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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No but am waiting for a call that I missed and hope it will come on Monday.  Which buttons do I press to be able to post responses

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responses to what? if you mean the questionnaire we keep asking for.

copy and paste the questions to a new msg box here and answer each one at its end.

 

 

 

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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f you have received a parking ticket or a letter concerning a parking ticket:

 

Firstly, please check whether this is a PENALTY charge Notice or a PARKING charge.

If this is a PENALTY charge notice from a County Council or TfL , please click HERE

 

Do not ever use or give an email address to a private parking company or their dogs

 

Choose the relevant section below: WINDSCREEN OR ANPR [for ANPR there will be TWO PIX of entry/Exit]

copy and paste the relevant questions section to a new reply msg box in YOUR TOPIC...answer each question at its end..hit send/post

 

For a windscreen ticket (Notice To Driver) please answer the following questions....

 

1 The date of infringement?

Give answer here 
 

2 Have you yet appealed to the parking company yet? [Y/N?]

Give answer here YES
 

If you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload guide]

By email

Has there been a response?

Give answer here
 

Please AS A PDFFILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]

 

If you haven't appealed yet - .........DONT ! seek advice on your topic first.

 

Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

Give answer here
 

What date is on it?

Give answer here
 

Did the NTK provide photographic evidence?

Give answer here
 

[scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide]

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?]

Give answer here
 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

Give answer here
 

5 Who is the parking company?

Give answer here
 

6. Where exactly [Carpark name and town] did you park?

Give answer here

 

please do not put JPG Picture files into your post
 

.............................

 

For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 

Please answer the following questions.

 

1 Date of the infringement

Give answer here
 

 

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

Give answer here
 

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

please do not put JPG Picture files into your post

 

3 Date received

Give answer here
 

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

Give answer here
 

5 Is there any photographic evidence of the event?

Give answer here
 

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

Give answer here
 

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

Give answer here
 

7 Who is the parking company?

Give answer here

 

8. Where exactly [carpark name and town]

Give answer here
 

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

Give answer here
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

Copy the windscreen or ANPR section to your thread and answer the questions...

……....

In either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY

please do not put JPG Picture files into your post

I really don't know how to put all the emails and letters into a PDF and then  put them here.  I have written to all and sundry and have dozens of emails.  The last development was the Cllr for RBKC saying she can do no more but has got the payment date extended to the 5 August and am now waiting for the response from CEO of Peabody or his Media assistant. I find this site difficult to navigate and need someone to help me with technicalities.

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good you've learned to copy and paste..

now you need to answer the questions.....

 

where each one says Give answer here click it & just type your answer

 

as for all your documents, emails, appeals/replies etc

there is a fully detailed upload<<clickme guide

redact anything like pcn/ref no's, addresses, reg no's, pcn,email addresses of YOURS (ie anything they can use to ID you on here) but LEAVE all times/dates costs etc

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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i see you made a reported post

 

we dont allow email private help nor via mobile phone calls.

 

everyone else manages to simply type and reply to their thread ok and provide docs.. Its really simple

there is also no deadline to reply to the fleecers you ignore that.

 

If you are really that pc useless simply ignore them until or unless you get a letter of claim

 

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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Maybe other people are not 83 years old.  I think for my age I am doing quite well on the computer but this site eludes me as don't know which button to press to respond.  Have  tried several times to fill out this form but can't seem to manage it.

 

I am due to pay £100 tomorrow the 5th August and have tried CAB but hey say I have contacted everybody that they would have told me.

  PCM sent me two pictures of marked parking lots (VISITORS BAYS) but won't tell me where these pictures were taken.  

They are meant to contact me as have been onto the CEO of Peabody who owns the Estate and PCM control the parking.

 

Peabody has pushed me over to one person who has then passed me over to another person.  My Councillor got involved but he can't do anything.  So PCM are not going to phone me snd will just up the fine if I don't pay by tomorrow.  

your post

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ok well theres no good keep copying and pasting the questions twice as you did above (now removed) without answering the questions .

thats nothing to do with any 'buttons' on this site or navigation errors by you.

all you have to do is scroll bak up once you've pasted the questions , to each the red bit, click there and type the answer to that question, then move down to the next red give your answer and do the sametill the end.

 

now you say you have all the documents/emails/letters in/out, are they in a format like jpg pictures or pdf or emails/attachments whereby if we gave you a secure email address you could send them to us and we will redact them and put them up for you?

will that help?

 

you DO NOT pay them anything IGNORe their unlawful deadline.

 

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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  • 3 weeks later...

@lookinforinfo Peggy39 has posted the following.

 

"have had †o pay as they threatened me with debt collectors but would love to have some guidance for the future as have nobody available to  learn from or advance my knowledge of the computer.  This seemed a particularly difficult site "

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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debt collectors are NOT BAILIFF

and have 

ZERO legal powers on any debt.

 

 

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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dx explains it perfectly.

 

On the face of it, involving debt collectors seems a serious threat, but in reality it's the most laughable.  If you & I were in legal dispute, you could sue me and I could sue you.  My next-door neighbour couldn't sue you, your best friend couldn't sue me, as the debt would have nothing to do with them.  That is the case with debt collectors.  They can do nothing - save writing a daft "threatening" letter.  Involving debt collectors really means "we'll make you open an envelope".

 

BTW, before I found this site I'd got it wrong for years about debt collectors.

 

If you paid by debit card or credit card, and want to change your mind, you can still fight back and reverse the transaction with your bank or credit card provider.

 

Point taken about the computer.  Advice here is free but unfortunately is all Internet based.

 

Thanks for coming back here to tell us about your decision - a lot of people don't.

 

 

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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