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    • Thanks London  if I’ve read correctly the questionaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far
    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
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CEL ANPR PCN PAPLOC now claimform - Morrisons, Butterfly Walk Car Park Denmark Hill Camberwell, London SE5 8RW***Claim Dismissed***


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There must be a term in English that combines "doing superb detective work" with "lazing on the beach".

Anyway, Nick is right.  Para 28 - "... on 22 April 2019 and I can confirm that these were all in place on the date in question and remain in place to date".

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The claimants statement under clause 28 reads: 'The photographs provided were taken on 22 April 2019 and I can confirm that these were all in place on the date in question and remain in place to date

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So alongside the photos having the same dodgy timestamp it brings into question all the claims about his so called,  "photographic evidence".

He should really be made to attend the hearing, but we know it won't happen.

Barrister, schmarrister!

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15 hours ago, FTMDave said:

There must be a term in English that combines "doing superb detective work" with "lazing on the beach".

I think that the TV program 'Death in Paradise' sums it up! or on the Island of Saint Marie 'Mort au Paradis'

😀

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My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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  • AndyOrch changed the title to CEL ANPR PCN PAPLOC now claimform - Morrisons, Butterfly Walk Car Park Denmark Hill Camberwell, London SE5 8RW***Claim Dismissed***

Well done topic title amended.

 

Andy

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:cheer2:

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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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Ok, for you that want to know more detail.....

The judge kept things simple. And different to what I'd expected.

Claimant was represented by another company who have no affiliation to CEL (I introduced myself to them before the case and asked for their name). They indicated in Court that I had overstayed the time and were liable.

I then made comments on both my witness statement and the claimants, citing all the feedback from CAG.

The judge asked the Claimant representative about their witness statement. He asked if p35 was a list of registrations who had paid which was answered as yes. He referred to p31 where the Morrisons car park voucher was stated and crossed referenced p29 where it was written that I had paid for a ticket. He confirmed on a few occasions that the defendant had paid.

{The eyeopener}. The Judge then stated that there was nowhere in their WS where the amount paid was noted and referred to p35 where this could have possibly been shown. The WS report says the time is overstayed but without any supporting evidence of the actual payment.

He advised at this point to the Claimant that he had ruled on many car parking cases over his tenure.

The Claimants representative then advised that the Defendant should have produced a bank statement to show the actual payment charge. The Judge was quick to point out that the machine did not have a contactless pay facility and that payment was only by cash/coins. (he got there before me!)

They then said I should have paid for 2 hours at £4.50 not the £2 on the receipt, thereby identifying the cost being underpaid. When the judge asked for any comment from myself I referred to my photographs on p14 (actually theirs also condemns them) and stated that the wording shows that the Morrisons voucher was 'capped' at £2. I now believe he was looking at their old sign on p13 of their WS (which states exactly the same wording).

He noted that as the Claimant was not in the court (being represented only) they could not respond to any of his questions.

I have since realised that all the questions and clarification points the Judge had, were all raised through the Claimants WS. I do not believe that he referred to mine specifically. I assume this is more damning and he could make judgement on that alone.

After a short pause he dismissed the case. District Judge OmoRegie.

I left. Happy.

 

ps As the signs at Morrisons have now been fully changed (and appear better linked up - post #223) I don't think the same arguments can be used for others in a similar position going forward.

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Well done you That judge was bang on point with a surgical dissection of their WS he will have used your WS to ground his forensic examinationof their bull poop.

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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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Thanks for your report back.

I didn't expect that either.  I expected that judgement would revolve around the fact that all the signs showed ABC instead of CEL.

Seems like you got an excellent judge who had read CEL's WS in detail and realised it was rubbish - and that was enough to chuck out the claim.

Well done the judge for making the Claimant suffer the consequences of not turning up in court as well.

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I am really happy you got the result you wanted.

We never know what kind of Judge will look at your case so we have to cover all eventualities.

Your Judge concentrated on one aspect while another may have looked in a different direction.

Both ways should still have given you the same result.

 

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16 hours ago, jk2054 said:

did you get your £275 back for the application to reinstate your defence since you "won" your cases

I was so content when the Judge dismissed the claim I didn't think to enquire or ask. He didn't mention anything.

Reinstatement cost me about £108 but the countless hours and this claim hanging around for 3 years was far more concern.

Do you know if I officially get a written copy of the outcome from the Court? I'm looking to buy the picture frame as we speak!

Never been in a courtroom before so didn't know the drill.

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14 minutes ago, jk2054 said:

Yes you willl in around a weeks time I’d say

Really ?  When was that introduced ?

 

Andy

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You've always been sent a paper copy of the order of a small claims hearing what do you mean when was it introduced?

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I've never seen or been aware of a Notice of Claim Dismissed or aware of a Defendant receiving one, the claimant possibly ......yes if the claim was struck out for none compliance by either party. 

Storyboard please upload and post here when in receipt then the forum will have its first since 2006.

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Yes they will be sent one by the court office.

The judges order will get typed up and sent to both parties. This normally takes 1-2 weeks

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Every days a school day :-D we await Storyboards Notice of Claim Dismissed ...even though its not the defendants claim.

We could do with some help from you.

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