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    • The important thing to know is that MET - although they will send you threat after threat about how they will divert a drone from Ukraine and make it fall on your home - hardly ever do court. Even in the very small number of cases where they send court papers, if the Cagger defends, they drop the matter before the hearing.  They have no real intention of putting their rubbish claim before a judge.  The aim is to find motorists who are terrified of the idea of going to court and who will give in when the court papers arrive. Thanks for doing the sticky and well done on finding F18's thread.  Do what they did.  On the first page - I think post 19 - there is the address of the CEO of BP.  Write to them, lay it on thick about being genuine customers in the various premises, mention the small kids, the very short stay time, attach any proof of purchase - and request that they get the invoice cancelled.
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    • I re-read the extract from your  solicitor's letter this morning and think I might understand what they have in mind. I believe (and it’s only a guess) their strategy is this: 1.    You will make your SD 2.    You will enter fresh pleas to the four charges (not guilty) but will offer to plead guilty to speeding on the understanding that the FtP charges are dropped. 3.    If this is accepted they will attempt to argue that the two offences were committed “on the same occasion” 4.    You will be sentenced for those two offences (the sentence depending on whether the “same occasion” argument succeeds). They also have a plan in the event that your offer at (2) is unsuccessful and you are convicted again of the 2xFtP charges (and so face disqualification under “totting up”): 5.    They will make an “exceptional hardship” argument to avoid a ban. 6.    If that is unsuccessful they have already lodged an appeal in the Crown Court against that decision. (This is the only “appeal” I can think of). 7.    They plan to ask the court to suspend your ban pending that appeal. If I’m correct, I’m surprised the Crown Court has agreed to accept a speculative appeal (against something that hasn’t happened). The solicitor says this is to lodge it within the normal timescales. But you will have 21 days from the date of your conviction (which will be next Wednesday) to lodge an appeal with the Crown Court, so there is no need for a speculative appeal. I have to say that an application to have your ban suspended pending an appeal is unlikely to succeed. The Magistrates Court is unlikely to agree to it for one very good reason: if they make such an order (suspending your ban until your appeal is heard), all you need to do is not to pursue the appeal and the Magistrates order suspending your ban will remain in place. Hey Presto! No ban and no need for you to trouble with an appeal. Perhaps he will ask for your ban to be suspended for (say) three months or until your appeal is heard (whichever occurs first). This potentially creates a problem because if your appeal is not heard in that time either your ban will kick in or you will have o go back to court to get the suspension extended. But the solicitor obviously knows more about these things than I do. I would want to be very clear about this solicitor’s fees and what he proposes to charge you for. As I said, there is absolutely no need to lodge an appeal with the Crown Court. That can be done if and when it becomes required. But I am still firmly of the opinion that it is overwhelmingly likely that you will not need to progress beyond point 2 above. Point 3 is optional and I don’t know whether he solicitor has made It clear to you that the only thing you will avoid in the event of success is three penalty points. You will still be fined for the second offence and your driving record will still be endorsed with the details, but no penalty points will be imposed. Do let us know how it goes.  
    • I'm really trying, but worst case I can't find what are my options?
    • John Lewis' Privacy Notice states that their CCTV Systems does not use facial recognition or collect biometric data - so I assume it should be fine?    Thank you a lot for your reply. I've scheduled my first therapy session ne t week. Really the time to turn my life around..
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Highview ANPR PCN Claimform - Bradfield Road Car Park S6 2BW.


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53 minutes ago, TIMTOM said:

Is this ok for my defence?  Do I have to attach the letters I have received since 
December 2018

 

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.  The Defendant is the recorded keeper of [removed - HB]

2.  It is denied that the Defendant entered into a contract with the Claimant.

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim. 

 

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

 

6.  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.

 

 

Do I need to mention that I no longer own that car. I replaced it on 17 January 2019, but kept my number plate.

 

you dont file exhibits with a defence

No you dont need to add anything about the car

simply copy and paste to defence section of mcol

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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as long as you meet 4pm tomorrow doesn't matter do it now if you wish.

 

then you seriously need to read a good few 10's of PCN claimform threads here on CAg to get upto speed - so you know what is to come - how to react as the differing stages of the claim progress. 

 

but you never do anything without checking here FIRST!

  • Like 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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Thank you.  Am I just looking at general private parking threads or specific to Bradfield Road Sheffield?  What is the best way to view these?

 

 

Hi I have copied and pasted my defence on the MCOL site.  Just a couple of questions - do I click "No"   to Do you want to issue a counterclaim?   Also, do I fill in my phone no. and email address on the "My Defence -  Service Details " page? 

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no counterclaim

give all your details

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

Hi I have copied and pasted my defence on the MCOL site.  Just a couple of questions - do I click "No"   to Do you want to issue a counterclaim?   Also, do I fill in my phone no. and email address on the "My Defence -  Service Details " page? 

Thank you. 

 

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please stop sending emails to the private email address given for pers info only now

post any updates directly to this thread now 

 

ie what you have just sent regarding planning permission. timtom.

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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This is the reply I received from my local Council when I requested confirmation that HIGHVIEW PARKING had received planning permission for erecting poles, signs and cameras.

 

”Hi

 

There is no record of planning permission having been submitted. They may not however require permission as certain structures can be erected under the general permitted development order.

 

Regards

Edited by dx100uk
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The Notice to Keeper that they sent you a few days after you parked in Bradfield Road car park is not PoFA compliant.

 

Very strange that there is absolutely no mention that you would be liable as the keeper if the driver did not pay the PCN within the 28 day limit. That means that you must be careful not to reveal who was driving and they are now going to have an uphill struggle since they have to prove that you were the driver on that day.

 

Given that anyone with their own car insurance can drive your car plus you may have named drivers on your policy and the fact that Court do not assume that the driver and the keeper are the same person , Highview have their work cut out.

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That is good news for you. They cannot take you to Court as the keeper since they have lost that facility now. They can still pursue you as the driver but now very difficult for them to prove you were the driver as there are so many combinations of drivers it could be and the Court will not allow the robbers to assume that the keeper is the driver .

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  • 1 month later...

Hi again.

 

I have now received 'Notice of Proposed Allocation to the Small Claims Track'

 

A questionnaire is attached with the first section 
"A" Settlement/Mediation - suggesting each party negotiate a settlement rather than taking the case to Court.

 

"A1" - Do you agree to this case being referred to the Small Claims Mediation Service?     YES / NO

 

"B"  -  Contact Details:

 

"C" -  Track.

"C1" - Do you agree that the small claims track is the appropriate track for this case?    YES / NO

If no, say why not and state the track to which you believe it should be allocated.

 

"D" - Hearing venue

"D1"  At which County Court hearing centre would you prefer the small claims hearing to take place and why?

"D2"  -  Expert Evidence - Are you asking for the court's permission to use the written evidence of an expert?     YES / NO

"D3" -  Witnesses - How man witnesses, including yourself, will give evidence on your behalf at the hearing? .............

"D4" - Hearing -  Are there any days within the next 6 months when you, an expert or a witness will not be able to attend court for the hearing?

(box to fill in with dates not available).

"Will you be using an interpreter at the hearing either for yourself or a witness?   Yes / No

"Signature" .................................

 

Most of the details requested are self explanatory but I thought I would ask your advice regarding whether Mediation or Small Claims Track should be selected.  There are no witnesses as I don't know who was actually driving on this particular day.  

 

Your advice would be greatly appreciated.

 

 

 


 

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should be reading up timtom as advised so you know what to do and whats next

please try and self help!! all PCN claimform threads have the info of this and going forward...

 


https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

NO to mediation 

1 wit you

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

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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Sorry Dx.  I thought you had said don't complete anything without asking on this forum first.

  I have tried to view directions questionnaires on the link you posted and on other links over the last few weeks  but they seem to be locked as no one has commented recently, or the ones that aren't are for mediation.   

 

You said omit signature - The last box states:  You must sign this form.     Should I sign or not?

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Not on sols copy

 

if you search

pcn+claimform

in our search of the top red banner, most if not all have the same n180 instructions. 

 

Yes of course always check, which is how we pickup silly mistakes..as i pointed out in pcn claims you'll see you never agree to mediation and not sure where you got the no witness from either??  Not on cag i hope! Its says INCLUDING yourself..so its 1..you!

 

its small claims and always is..

 

 

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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you are not a pain...couldn't careless ...but you might eventually find yourself in front of a judge possibly asking you questions..now is the time to get into the habit of understanding things, why you are doing xyz and why you will do and state other things in the future as the claim progresses, better to wise up now rather than 10mins before a judge time..... 

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

I'm getting worried now!

 

Forgot to mention  I never received any of the documentation I requested from Highview.  I sent the request recorded delivery.

 

I was feeling quite positive that I wouldn't be going to Court when I read the following comments in  November

 

"The Notice to Keeper that they sent you a few days after you parked in Bradfield Road car park is not PoFA compliant.

 

Very strange that there is absolutely no mention that you would be liable as the keeper if the driver did not pay the PCN within the 28 day limit. That means that you must be careful not to reveal who was driving and they are now going to have an uphill struggle since they have to prove that you were the driver on that day.

 

Given that anyone with their own car insurance can drive your car plus you may have named drivers on your policy and the fact that Court do not assume that the driver and the keeper are the same person , Highview have their work cut out."

 

"That is good news for you. They cannot take you to Court as the keeper since they have lost that facility now. They can still pursue you as the driver but now very difficult for them to prove you were the driver as there are so many combinations of drivers it could be and the Court will not allow the robbers to assume that the keeper is the driver" .

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yet again, this shows us that you've done ZERO reading up on PCN claimform threads here.

 

cause if you had, you'd know that they don't HAVe to disclose ANYTHING until the witness statement stage, when if they fail to there, they'll lose the case.

 

:wave:

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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Believe me, I have really tried to read up on the PCN claimform threads.  I click on "Motoring on the red bar, then Private Land Parking Enforcement and then  I am reading the threads.  I haven't seen any so far that relate to an actual court case.  Where am I going wrong?

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