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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      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.

      Frankly I don't think that is any accident.

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      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ


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Apologies again for a direct question - but does your son have a driving licence?

We could do with some help from you.

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  • 6 months later...

This is the latest thing received it is JPG but seems it not let me post it, it is a letter from dcb legal dated 12th December stating £160 to be paid within 30 days

 

Yes sorry missed that it does say LETTER OF CLAIM

 

This is the latest thing that as been received from Dcb legal,  I wish I could post it it is in my documents, it is in my photos but it won`t let me share from either of these places no idea what pdf is sorry I am nearly pension age don`t know what all these abbreviations are.

 

Son is registered keeper he as no licence as he as severe learning difficulties he is illiterate, no driver was named, my grandson put the registration in and paid and he helped an elderly lady do the same as she had no idea how to do it, car is Motability.

 

Could anyone tell me what I should say in response to the Letter Of Claim please

 

2022 dec 13 DCB legal Letter Of Claim.pdf

Edited by Laura Cooke
Missed something off
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This is a formal threat of legal action then, so you need to reply with a snotty letter to show them you'd just be big trouble if they did do court.

 

I asked above - does your son have a driving licence?

We could do with some help from you.

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yes snotty letter time.

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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A snotty letter stating that it would be very silly of them to try court given the circumstances, meanwhile search the CAG site for Snotty letter to see some examples.  If they did then proceed and dput that they are suing the driver/or keeper assuming that the keeper is driver, that might be fatal anyway as keeper could never be the driver.

 

The Regulars will be along soon with further advice.

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

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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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Have a look at the snotty letter at post 17 here  https://www.consumeractiongroup.co.uk/topic/445290-parking-eye-pcn-letter-of-claim-wrong-reg-lost-appeals-blockbusters-carpark-grange-road-darlington-won-snotty-letter-worked/#comment-5151754

 

Caggers have sent a version of this letter in "wrong registration" cases over the last few years and so far have a 100% record of not being taken to court.

 

However, your case is a little weaker given you appealed and let on you have no proof of payment.  That's why I asked about the licence.  Add an extra line like "I haven't even got a driving licence so I look forward to you explaining to a judge how I could have been driving, you thickos".

 

Draft what you want to send and then post it up.

 

We could do with some help from you.

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Admin gave me a link to a snotty letter, I am asking am I expected to lie and say I had a ticket like the letter in the link or just don`t mention the ticket at all, my grandson purchased a ticket but did not save it and he also helped an elderly lady purchase one too as she didn`t know how to work the machine you had to put your vehicle registration in

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You need to send a version of the snotty letter suggested.

 

Obviously you have to tailor it according to your circumstances.

 

 

We could do with some help from you.

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Does anything escape your Holmes-ian powers LFI?  I just skimmed over the iAS statement, thinking "usual IAS rubbish".  How wrong I was!

 

So the fleecers records prove there was an extra payment!

 

 

We could do with some help from you.

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So how about -

 

 

Dear Yasmin and Jamie,

 

Re: PCN no XXXXX

 

cheers for your Letter of Claim.  I rolled around on the floor in mirth at the idea you actually expected me to take such tripe seriously and cough up.

 

Your client was paid the correct parking charge.  They suffered no loss.  Typing part of a registration number wrongly is clearly "de minimis".  Every time a greedy private parking company has taken such cases to court they have received a hell of a kicking from the judge.  Getting the registration number wrong is not a reason for pursuing motorists.  That was established  when Baroness Walmsley v TFL [2005] EWHC 896 in the High Court of Justice won her case.

 

Go and look up paragraph 6.3 of the government Code of Practice.

 

Your greedy client knows they got their money.  They even told their bezzies in the IAS!

 

In addition, although I am the registered keeper of the vehicle I haven't even got a driving licence so I look forward to you or your client explaining to a judge how I could have been driving, you thickos.

 

Should this case go to court despite having pointed out the futility of doing so, I will be asking the Court for an unreasonable costs order under CPR 27.14(2)(g), and then spending it all on a nice, pleasant holiday while all the time laughing at your client's expense.

 

I look forward to your deafening silence.

 

COPIED TO BANK PARK MANAGEMENT LTD

 

 

Check it for accuracy.  See if any of the regulars have comments over the next few days.  Then on 2 January invest in two 2nd class stamps and send both to DCBL and Bank Park.  Get two free Certificates of Posting from the post office.  Obviously the letter has to come "from" your son.

We could do with some help from you.

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Looks fine to me, it needs to be mocking in tone like that  so that they know you know that their case is pants and futile.

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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  • 1 month later...

Son received this yesterday 30th January yet it is dated 19th January,

 

they sent copies of everything to do with the case, photos of the vehicle entering and leaving and previous correspondence,

 

advice please what to do next,

 

I assumed this cannot go further without knowing who the driver is I get the impression they think keeper is the driver which is not the case as it is a motability vehicle in my sons name and his carer drives him about.

 

I would appreciate advice about this further correspondence from dcb legal. I thought this cannot go any further if driver not named? my son is the registered keeper but he is disabled the vehicle is a mobility vehicle, he cannot drive his carer drives the vehicle. 

 

As I previously advised I originally appealed to the IAS they had the vehicle noted down with the wrong registration but Bank and dcb have the correct vehicle registration.

 

A letter was received yesterday along with all copies of previous correspondence and pictures of my sons vehicle,  dated the 19th January giving my son 30 days from the date of the "email" failure to pay a claim will proceed without notice.

 

they sent copies of everything to do with the case,

photos of the vehicle entering and leaving and previous correspondence,

 

advice please what to do next,

 

I assumed this cannot go further without knowing who the driver is

 

I get the impression they think keeper is the driver which is not the case as it is a Motability vehicle in my sons name and his carer drives him about.

2023-01-19 dcb legal reaction to letter of claim reply .pdf

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ignore block and bounce ALL emails.

 

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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No emails have been received all been by letter dcb legal stated that in their recent letter "You have 30 days from this email to pay the outstanding balance of £160" 

 

Is my son expecting to receive a Court claim next?

if he did no idea how we would deal with that he cannot he as not got the mental capacity to deal with it, we cannot prove the parking fee was paid but it was and my grandson helped an elderly lady pay hers too as she was struggling to put her  vehicle registration in. 

 

 

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 i bet they send another PAPLOC in a few years time hoping the keeper has moved and go for a backdoor ccj

 

dx

 

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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 will have to type it in what is sent as I am frightened of doing something wrong, I have asked one of my children today f they could help but they had no idea how to upload the letter and other than take a photo on my phone add it in word and send it you I have no idea how to do it, I don`t even know what any of the abbreviations mean so it is hard for me. If only I knew someone who knows about computers and stuff but sadly I don`t.

 

The letter was received yesterday 30th January 2023 and DCB Legal sent copy of all correspondence between each party and photographs of the vehicle entering and leaving , it does state at the bottom of the letter that it was sent by email. Payment was by putting the vehicle registration in my son did not stay for the 2 hours he paid for my grandson made the payment and also helped an elderly lady sort hers out as she did not know what to do. Sadly no proof of payment though.

 

19th January 2023

Our Client: Bank Park Management Ltd

We write in relation to your letter of claim response dated 9th January 2023

 

We note within your reply you stated payment had been made and as a result the client did not suffer any loss. We also note you were not the driver of the vehicle in question and that the Independent Appeals Service (IAS) were aware of a payment being received to the client.

 

At the time the PCN was issued, you were offered the opportunity to: appeal the parking charge, transfer liability to the driver (if it was not you) or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding.

 

Please note, upon review I can confirm you made two appeals. One appeal was made direct to the client following on from the Parking Charge Notice (PCN) being issued. The second appeal was made to the IAS which I can see was unsuccessful. This resulted in our client sending you their Reminder Notice.

 

The sum added is a contribution to the actual costs incurred by our Client as a result of your non payment. Our Client`s employees have spent time and material attempting to recover the debt. This is not our Client`s usual business. Had you paid as per the Contract, there would have been no need for recovery action so the amount due would not have increased. 

 

You stated within your reply you were not the driver of the vehicle bit in fact the Registered Keeper. Please see the below statement which was on your Notice To Keeper (NTK). A copy is enclosed for your ease of reference. 

 

"Please be warned: that if, after the period of 28 days beginning with the day after that on which the Notice is given (i) the amount of the unpaid Parking Charge specified in this Notice has not been paid in full, and (ii) we do not know both the name of the driver and a current address for service for the driver, we will have the right to recover from you, so much of that Parking Charge as remains unpaid. The above statement is in compliance with the Protection of Freedom Act 2012.

 

The reason your PCN has been issued is due to `Anpr Failure To Pay For Parking` We appreciate you stated had been made however, please see enclosed copy of the sign which states `All motorist must enter a full and correct vehicle registration when making payment` Due to breaching the terms and conditions on site, our Client`s position is that the PCN has been correctly issued. 

 

DCB Legal have now been instructed as all previous attempts to resolve these matters have been unsuccessful. You now have 30 days from the date of this e-mail to pay the outstanding balance of £160.00. Failure to make the above payment will result in a claim being issued against you without further notice.

Yours faithfully

DCB Legal Ltd

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Laura please relax.

The PCN is not compliant with the Act that applies to car parks and as your son is the registered and was not the driver whatever Bank Parking may say, your son will not have to pay their charge. And that applies even if the case goes to Court. Your son is not liable.

 

This is the second time I have said this so please do not worry and let your son know that he is not involved.

 

I haven't been able to read the letter you received from DCBL as it is too blurred but I assume it is the usual DCBL bluster and threats which can be ignored since their understanding of the Protection of Freedoms Act is on a level of a typical six year old in Primary school. and that is being generous to them.

 

I also read the letter from bank management that said  "You stated within your reply you were not the driver of the vehicle bit in fact the Registered Keeper. Please see the below statement which was on your Notice To Keeper (NTK). A copy is enclosed for your ease of reference. "

That appeared to suggest that you made another statement where it may have been said that your son was the driver. Could you please post that up.

When you contact Bank are you doing so as if you are writing as your son or are you writing as his Mother?

 

 

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Right - ignore all their bilge.

You've already told them to put up or shut up - and they still send letters rather than doing court.

Yours is not the next move.

There are no guarantees, but since the site prepared the snotty letter for "wrong registration" cases that you sent , not one PPC has ever dared to do court.

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

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Everything written as been as if it is my son not his mother and I have never mentioned who the driver is which is xxxxxx,

 

the vehicle is a Motability vehicle as my son is severely mentally impaired,

he is illiterate so I see to all his correspondence etc

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