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    • Hi I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof? 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No    Have you had a response?  n/a 7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice'  
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
    • Evening all,   So today, I was sent an updated offer that includes the £12.60 I spent on letters, but they have declined to add the interest at £7.40. They have stating 'We acknowledge your request to claim interest to date, however, this would be at the discretion of a trial judge if the claim did proceed to a trial hearing.' I think I am content with this outcome, and pushing this to a trial for a total interest of £15.30 throughout the claim does not make sense to me.   What are people's thoughts? I am sure our courts have better things to concentrate on?
    • FFRSG3424ListofEvidencepdf-V1 2-merged.pdfFFRSG3424ListofEvidencepdf-V1 2-merged.pdf 2pages T&C,s UCM
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      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ParkingEye ANPR PCN PAPLOC Now Claimform - Overstay - Riverside Retail Park, Chelmsford, Victoria Road, Chelmsford, Essex, CM1 1AN


style="text-align: center;">  

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because no one has posted on it for the last 113 days.

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at the bottom of one of the posts.

 

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Thanks

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Nothing wrong with it its the facts as they stand.

We could do with some help from you.

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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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  • 3 weeks later...

too continue to read PE threads here

 

yours is not the next move.

and why do you think 3 weeks is quick.........

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 did not expect a reply from them. But they have responded that too with a letter quoting various court cases . Just wondering what next? Do I take it that they are begging me to pay ? Or will they really take me to courts?

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Who knows.??

yours is not the next move.

 

if you go look at other parking eye letter of claim threads here.

you see exactly the same reply.

 

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 months later...

and dont move without writing to them.

 

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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  • 8 months later...

had to hide you post

the pdf is unredacted..

 

please complete this:

 

 

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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  • dx100uk changed the title to ParkingEye ANPR PCN PAPLOC Now Claimform - Overstay - Riverside retail park, Chelmsford

Which Court have you received the claim from ?

Name of the Claimant :           Parking eye ltd

Claimants Solicitors: -Jayne LEONARD

Date of issue – 19/06/2023

Date for AOS - 07/07/2023

Date to submit Defence - 21/07/2023( I have not submitted defence yet) would that be an issue?

What is the claim for  .

1.Claim for monies outstanding from the defendant in relation to a parking charge issued 30/04/2022.

2.The signange clearly displayed throughout riverside retail park chemsford that this is private land and is managed by Parking eye and it is subject to t&C, including max stay period, by which those who parkagree to be bound.

3.Parking eye's ANPR system captured vehicle- xxxx enetring and leaving the site on 27/4/22 and opverstaying the maximum stay period .

4.Pursuant to SCh 4 of the POFA2012 act, notice has been given to the registered keeper , making them liable for Parking charge payable upon breach.

 

What is the value of the claim? £170

AMOUNT CLIMED -£85

COURT FEE -£35

LEGAL REP cost -£50

total £170

Total Amount 

Have you moved since the issuance of the PCN? (y/N - if Y state Date too)NO

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Y/N + date and did you reply?NO I have updated the last communication here which was a good few months back!

 

I have attached the court claim page as below. 

COURT CLAIM PE.pdf

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thankyou 

thread tied.

please note your corrected defence filing date

 

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.


Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...


You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL Website

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim


type your name ONLY


no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

………….
 

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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read this court sticky

it explains the process better. however the defence you must file (but no YET!) is in the one earlier shorter version specific for private parking claims. get AOS done, get the CPR off as i advised earlier.

you also need to read a good few 10-20+ PCN claimform threads 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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Thank  you for your response . 

Now do I need to do the above outlined before 7/7/23 or before 21/07/23?

I am thoroughly confused !!

Please suggest .

I have been trying to tread through various posts ,

I get that I am better off writing to them asking for more information.

AOS is on the MCOL website and that is to be done closer to 21/7/23 so that claimant do not get much time?

 

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you need to read up....:frusty::frusty:

we dont nursemaid here.

 

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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AOS (Acknowledgement of service) is what it says. You are acknowledging that you have been served with the claim form.

You must file this on MCOL (as described by DX in post 42) by 7/7/23.

 

Your standard defence (which you must file by 21/7/23) can be found in the sticky you've recently filled out.

Scroll to Q2) How should I defend?

 

And do some more reading...

 

Edited by Nicky Boy
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Thank you for that @Nicky Boy. I did read up a few more posts last night and gathered that. 
 

It’s the legal jargon that scares the hell out. 
 

The group has been excellent in supporting. I think I am having too many things on my plate. Really wish I had paid up and finished it. But thank you will do exactly as you & Dave said in the earlier threads.
 

 

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When you've done Acknowledgement of Service please come back because there are a couple of things to consider regarding defending specifically Parking Eye cases.

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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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have you sent CPR?

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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