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    • Remember that your hearing is for set aside, and only for set aside.   The judge couldn't give a monkey's whether your defence is legally sound and able to beat the fleecers on every point.  That's for the judge for the final hearing much later down the line.  The judge will want to know    - if you have a serious reason for not defending the first time around, and    - if you have a defence.   That's all.  Oh, and you didn't faff around for months before applying for set aside.   Therefore it occurred to me that forcing motorists to queue up in shops to get vouchers to then faff around at machines to input codes, rather than just, er, allowing two hours free parking, could be construed as an unfair term under the Consumer Rights Act "notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer".   To a large extent at this stage it doesn't really matter if I'm right or wrong or clutching at straws, the judge just wants to see an series of bullet point you intend to argue in your defence.   If you do include it I now see the Act is 2015. not 2019.
    • This is the letter I sent to P.E.on behalf of my friend, who is a work colleague.  P.E.sent nothing that was requested, and instead sent a letter which is the one posted in this read.  here is what I sent to P.E.     Dear Sir/Madam,                                  Before I am in a position to decide what to do with this pcn, please supply me with the following documentation, no later than 10 calendar days from the receipt of this letter. 1.Please supply a  full unredacted copy of your agreement with the land owner allowing you to enforce parking regulations.Unless of course,CEL are the legitimate landowners, in which case I require a copy of that proof as registered with the land registry.If however,CEL are not  the legal landowner of the said land, then you will have failed to constitute a contract with the land owner giving you the rights to enforce parking on the site.  When considering wether you are the legal land owner, and entitled to the stated fee, please bear this in mind:-  2.If CEL are not the legal land owners, then your penalty charge would be deemed illegal under the Unfair Terms in Consumer Contracts Regulations 1999,if you are not the legal registered landowner. It is also an unfair term according to the Consumer Rights Act 2015 regulation 62(4) October 1 2015. 3. I require you to provide me with a breakdown of how you reach the claimed figure. Please be aware of Judge McIlwaines comments in VCS v  Ibbotson Case No 1SE09849 16.5.2012 (transcript in the public domain), where judge McIlwaine said  “Parking charges cannot include business costs which would occur whether or not the alleged contravention took place”. Based upon that evidence,I suggest that the amount claimed is excessive and is being enforced as a penalty for allegedly parking.The parking charge does not represent a genuine pre-estimate of loss, and therefore is unfair as defined in the Unfair Terms in Consumer Contracts Regulations 1999. The charge is also,nearly double that of what a council parking charge would be. I believe there is no contract with the landowner that gives CEL the legal standing to levy these charges nor pursue them in the courts in their own name as creditor. 4. Supply  me with documentation showing how or where I formed a contract with CEL.I don’t recall entering into a contract wether fomally, verbally, by phone, text, email, or in person. Signs do not help CEL and drivers to form a contract.CEL,I believe,are only an agent who may or may not be the legal landowner as registered with the Land Registry.  Excel -v-HMRC 2012 is the binding decision in the Upper Chamber which covers this issue with compelling statements of fact about this sort of business model. 5. CEL have not said wether the pcn is for damages for trespass, or a contractual sum.Please specify which it is. 6. I do not believe that CEL have planning permission to erect signage (or the cameras) at this location),required under section 2a, town and country planning act,as defined in the Information Commissioners code of practice, book,updated October 2017.Here is the section you need:- “Given the significant amounts of information that ANPR systems are able to collect, it is important that individuals are informed that their personal data is being processed. The best way to do this is through signage explaining that ANPR recording is taking place and, if possible to do so, the name of the data controller collecting the information. While it is a challenge to inform motorists that they are being monitored, there are methods you can use, such as the Town and Country Planning Act (control of advertisements) Regulations 2007, to help provide this information (see section 9.1.2 for further detail)”. You will find this on page 34, section 5 of the said handbook. If  however,you do have planning permission from the local council to erect cctv/anpr cameras and signage,, then please forward me a copy of the planning permission granted. I also require a copy of the approved planning application, approved site plan and schedule of installation and maintenance of the signs,and cameras. 7. Do not try and frighten me into paying by quoting the Supreme  Court case of Parking Eye V Barry Beavis.Here is some information before and since that case.:- Parking Eye actually pay a fee to the landowners of the car park in question in the SC case, which is why no other cases using this case have gone to county court.Furthermore,Judge J J Maloney did say in his case that he is “ only a district Judge and each case would be different depending on its issues”. Either provide me with all the documentation I have requested, in the time scale stated, or simply  cancel your actions.                                                   Yours Sincerely
    • Good evening   Have something of nothing really to tell   BigMW - I received an email yesterday from the business manager requesting that I attend in person...rather ironic considering I'm imobile hhmmm....   " If you require further information could you please come to site and present valid ID.  The purpose of this is to prevent fraud"   I would deem this an unreasonable request!! Firstly it's taken 36 days to respond, why isn't my drivers license feasible?  Please advise here   Creation Finance -  Received Docs from Sar request - Doc confirming pcp attached....What do you think?   Further to the above, I should have heard back from their investigation (20/05/2022) . I've heard absolutely nothing!  Do I at this point send a nudge email to them or just go straight to FOS regarding both parties?   Thank you     PCP contract_.pdf
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LC Asset-Barclaycard Claim Form


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Hi Andy

 

I am about to submit my defence as it needs to be in by 4pm on Monday and to be honest I only have enough spare time this afternoon, due to a personal event I have tomorrow and work first thing Monday.

 

Just a couple of quick questions

 

1, Is it fairly straightforward to submit my defence on the MCOL website or is there anything I should pay special attention to.

 

2, I was going to delete paragraph 2 of my defence as Kearns did send a Letter of Claim back in August and so will have that in their documentation. 

 

Thanks again for the help

Defence submitted, let's see what happens from here.

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Get reading up here

 

Barclaycard claimform.

whats to come and how to deal at each stage going fwd

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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Yes you can submit it although it would have been better to raise the anomalies in the actual debt out standing...but that can be introduced at a later stage in your statement should they wish to proceed that far.

 

I would advise you get a DSAR off ASAP in the meantime to BC so you can get the correct information re balance payments moving forward.

 

With regards to removing paragraph 2 complying with PAP does not only involve sending out a Letter of Claim did they comply to your requests for further information in full ? within the 60 days ?  If not I would advise you you reinstate that paragraph and edit it to read same.

 

Andy

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 The National Consumer Service

 

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

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  • 2 weeks later...

Hi 

 

Just a quick update. Submitted my defence and received a letter back from the court confirming they have received it and sent on to the claimant. I understand the claimant has 28 days to reply to the Court if they wish to proceed with court action, so I guess it's a waiting game now until the end of the month. 

 

Also never had any replies to CCA and CPR31:14 requests

 

Thanks again everyone for all your help.

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no harm in using the time wisely and reading 

On 25/10/2021 at 10:10, dx100uk said:

Get reading up here

 

Barclaycard claimform.

whats to come and how to deal at each stage going fwd

 

use our enhanced google search box

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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Have you sent your DSAR ?

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 The National Consumer Service

 

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

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  • 5 months later...

Hi

 

An update. I have received a letter and information from Kearns following the case being stayed after I submitted my defence, back in November 2021.

 

In regards to the case they have sent 4 pieces of information listed below

 

1, Photo copy of some terms and conditions - With no date, no reference number or my name, its just a photocopy of some T's & Cs

 

2, Copy of a default notice dated August 2009 - It was sent by Mercers Debt Collections Ltd

 

3, Copy Notices of Assignment from Barclaycard stating the account had been assigned to LC Asset 2 S.A R.L - Dated Jan 2021 and which I do not recall ever seeing and it was sent to an address I moved away from in 2016. 

 

4, Copy of statements fro August 2008 until January 2010

 

In the letter Kearns go on to say they consider this will prove their clients claim on the balance of probabilities. The letter goes on to say I have 14 days to make offers to settle the claim (they have thoughtfully enclosed a pro-forma that states I admit the claim in full and any papers submitted in my defence will be withdrawn!) If they hear nothing in the next 14 days they will consider asking the court to set the matter down for a hearing before a judge.

 

How should I reply. What I can't see is any documentation in regards to the terms and conditions or any agreement I have signed or even has reference to my name.

 

Any help and advise would be greatly received

 

 

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ignore them.

 

that 2009 DN from mercers will also be defective

lots of threads on their faulty DN's sent out during that period already here.

 

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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Thanks for the advice, but I am tempted to at least reply. With something along the lines that they should revisit my initial  defence and the fact I am prepared to defend myself vigorously. Would that be a good or bad move?

 

 

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no you do not reply to them.

 

its simply a threat.

 

its what they all do on long stayed claimform cases.

 

and you most certainly do not reply simply because it will give away how you might counter if they do file an N244 @£275 to lift the stay.

giving them time to fake more paperwork up or counter your claims xxx is wrong you'll lose.

 

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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  • 2 weeks later...

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