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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  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. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. 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. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court 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  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .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.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Help!! MCOL claim - is the 14 days up tomorrow or the day after????


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My MCOL claim was accepted by Barclays on the 30/11/06, so far they have not replied. Do they have until close of business tomorrow to do so?

 

If it gets to 6.00pm and they haven't replied (fingers-crossed!!) can I file for a judgement, or do I have to wait until the 15th?

 

Sorry to start another thread, I did post on my original thread hoping someone would reply but they haven't yet and I need to know!!

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My MCOL claim was accepted by Barclays on the 30/11/06, so far they have not replied. Do they have until close of business tomorrow to do so?

 

If it gets to 6.00pm and they haven't replied (fingers-crossed!!) can I file for a judgement, or do I have to wait until the 15th?

 

Sorry to start another thread, I did post on my original thread hoping someone would reply but they haven't yet and I need to know!!

 

 

Im assuming that you meant Service of Notice was 30/11/06. If this is the case then the deadline is midnight on 14/12/06, then you can go for judgment but barclays will probably aknowledge the next day anyway.

 

Hope this helps

 

Emz:D

* * * * * * * * * * * * * * * * * * * * * * * *

 

 

***If i've helped you in any way, please click on the SCALES to the left and add to my reputation***

 

 

 

Barclays Bank - £2238.33 Settled 02/01/07

Bristol & West - S.A.R sent 12/01/07

 

Read my successful thread

here

 

 

'Money can't buy you happiness, but it does

bring you a more pleasant form of misery'

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I started mine on the 29/11, and had a go at a judgement by default today (14 days exactly)

Basically, Barclays are allowed 5 days to receive the claim, then its 14 days from then.

Mine is due on the 18th, so that takes yours to the 20th.

I would advise you send Barclays a reminder letter, as i intend to do on peoples advice here. Sounds like a strange thing to do, but Barclays can for some reason, and do, submit their defence AFTER the deadline passes, and get away with it. All this does is delay things for you.

Hope that helps!

THE STORY SO FAR:

 

 

~Asked for my Statements: 2/10/06

~Got them within 14 days (fair play)

~Asked for the money back:18/10/06

~Computer said no!!!! (not all of it anyway)

~Rejected the (crap) offer (£570/£1300): 11/11/06

~Computer said Hell no!!!!

 

~Barclays said I can go to court if I want (like they've got the balls to go that far!)

 

~MCOL done 29/11/06

~Barclays acknowledged: 18/12/06

~AQ received, filled out and returned: 4/01/2007

~Court date set for 28/03/2007

 

Cant help thinking that soon, Barclays might have to have a go with a test case.... Hope they dont choose me!!!!

 

Small (SORRY) donation given, cos i reckon i might win in the end, and without you guys i would never have started this process!!: 16/11/06

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B*gger, I was hoping that they are all too wrapped up in office parties and "forgot" about me.

 

So, what happened when you clicked the "file for judgement" thingy on MCOL? Did it not let you continue?

 

It's outrageous 14 days should mean 14 days....

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I copied and pasted it into my link actually, it was earlier on today (its Allan1983 Vs. Barclays) it basically said 'you cant do this yet'

Take a look if you want, your probably the closest person in terms of what stage your at, so we might as well help each other out where possible:)

 

It's outrageous 14 days should mean 14 days....

And i fully expect if it was the other way round, 14 days would mean EXACTLY that.

THE STORY SO FAR:

 

 

~Asked for my Statements: 2/10/06

~Got them within 14 days (fair play)

~Asked for the money back:18/10/06

~Computer said no!!!! (not all of it anyway)

~Rejected the (crap) offer (£570/£1300): 11/11/06

~Computer said Hell no!!!!

 

~Barclays said I can go to court if I want (like they've got the balls to go that far!)

 

~MCOL done 29/11/06

~Barclays acknowledged: 18/12/06

~AQ received, filled out and returned: 4/01/2007

~Court date set for 28/03/2007

 

Cant help thinking that soon, Barclays might have to have a go with a test case.... Hope they dont choose me!!!!

 

Small (SORRY) donation given, cos i reckon i might win in the end, and without you guys i would never have started this process!!: 16/11/06

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It's outrageous 14 days should mean 14 days....

 

Oops, I thought that when you said Barclays accepted your claim on the 30th I just assumed that you meant they were deemed served on the 30th.

 

So was 30/11/06 the date you filed your claim on MCOL?

 

 

 

emz:D

* * * * * * * * * * * * * * * * * * * * * * * *

 

 

***If i've helped you in any way, please click on the SCALES to the left and add to my reputation***

 

 

 

Barclays Bank - £2238.33 Settled 02/01/07

Bristol & West - S.A.R sent 12/01/07

 

Read my successful thread

here

 

 

'Money can't buy you happiness, but it does

bring you a more pleasant form of misery'

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Share on other sites

Replied.

Ive got a new friend!!:)

THE STORY SO FAR:

 

 

~Asked for my Statements: 2/10/06

~Got them within 14 days (fair play)

~Asked for the money back:18/10/06

~Computer said no!!!! (not all of it anyway)

~Rejected the (crap) offer (£570/£1300): 11/11/06

~Computer said Hell no!!!!

 

~Barclays said I can go to court if I want (like they've got the balls to go that far!)

 

~MCOL done 29/11/06

~Barclays acknowledged: 18/12/06

~AQ received, filled out and returned: 4/01/2007

~Court date set for 28/03/2007

 

Cant help thinking that soon, Barclays might have to have a go with a test case.... Hope they dont choose me!!!!

 

Small (SORRY) donation given, cos i reckon i might win in the end, and without you guys i would never have started this process!!: 16/11/06

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