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    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
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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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