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CPM ANPR PCN Claimform - -THE ATLIP CENTRE EALING ROAD ALPERTON WEMBLEY LONDON HAO 4LW


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Hi Guys,

 

There a learning curve for me here so please excuse any stupid mistakes ...

 

So from what I understood from reading all the information pointed out (thank you so much for that), I have set out my defence to be the following... please let me know what you think?

 

Quote

I contend that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. I will accordingly set out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is denied. It is denied that I ever entered into a contract to breach any terms and conditions of the stated private land.

 

2. Paragraph 1 is are denied. 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 only contracted 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.

 

3.  Paragraph 1 is denied. The claimant has yet to evidence that their contract with the landowner. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract.

 

 

4.  Paragraph 2 is denied. It is admitted I am the recorded keeper of the vehicle. The Claimant is not in a position to state if I was the driver at the time.

 

 

5. Paragraph 3 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.

 

6. Not withstanding the above on 09/08/2021, I made a request pursuant to CPR 31.14 for the Claimant to disclose the necessary evidence in support of their claim. To this date the claimant has failed to respond to said request.

 

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Not too bad 

Might be perfect

Looks ok to me..good research.

 

Let the experts check it 

You only need to deny a part of the poc once, the others you can remove IMHO .

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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This your courtclaim thread.

 

Dx

  • Like 1

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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Share on other sites

No, what you've prepared is fine.  A generic defence is the way to go at this point.

 

As things have got a bit confused with two invoices on the go, can you confirm the invoice you uploaded on page 1 is the one for the court claim?

We could do with some help from you.

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correct images now with correct threads

thread tidied

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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you never counterclaim.

  • I agree 1

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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Hi guys, 

 

I have an update, 

 

on the 19th of Aug, HM courts sent me a letter of acknowledgement of my defence. 

 

Today, I received an email! from Gladstone solicitors about informing the courts to go ahead and have asked for mediation! (I assume they got my email from when I submitted my defence) 

 

Interestingly, on the email, they claim to have emailed me the evidence that I asked for on the 22nd of Aug. I didn't receive anything!! 

I found their email in the spam folder, I've uploaded it to this post 

 

Lastly, I have convinced the gym manager to email them... to apply pressure... I have three questions now ... 

 

1. Do I mediate? if not, does that not hurt my case? 

2. If the gym manager emails saying that I was in his gym, does that not hurt my case? I believe my defence is built on not knowing who was driving the car when the PCN was incurred? 

3. This is a stupid question but if I loose the case, no CCJ will be on my record ... right?

 

P.s here is bit of history, on 12/11/2019, turns out Gladstone have tried this with me before, they sent me to a county court for something else I assume and I stupidly paid!  

 

 

 

 

This is the second email

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Put everything in one mass pdf please.

If you READ like pcn claimform threads youll see you never mediate. What is the status of the claim on mcol?

 

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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Sure, ill combine the last few documents in one 

 

Yes I did read that ... 

 

As for the status 

A claim was issued against you on 18/07/2022

Your acknowledgment of service was submitted on 24/07/2022 at 17:47:34

Your acknowledgment of service was received on 25/07/2022 at 08:05:10

Your defence was submitted on 18/08/2022 at 14:59:28

Your defence was received on 19/08/2022 at 08:05:11

All_Combined1.pdf

 

Edited by dark.knight.10
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so as usual sending out their DQ early to try and intimidate and harass.

when the court has no send blank ones out yet.

so await yours watch mcol for DQ being sent.

then you fill it out as advised in other threads

 

you need to kill email use. else they'll file important/fake documents 1 min before a court deadline removing your chance to counter them.

send them one email stating email is not to be used in relation to any court matters.

 

id not bother getting the gym manager to email them. 

and ofcourse you'll get a CCJ IF you lose but if paid within 30 days it wont show.

 

 

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 the clarification... 

 

I will watch the mcol... will the DQ be sent via post? could you please point me to the threads advising how to fill it out? 

 

I don't understand how they were able to get my email ... did I mess this up on the mcol? I will email them. 

 

 

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Type in pcn claimform

in our enhanced google searchbox.

 

get reading a good few 10's of threads.

so you know whats to come

how to react

what next.

 

but never do anything without check here first.

 

email wont be from mcol.

probably harvested from social madia search using your name.

 

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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  • 4 weeks later...

Scan it up 

 

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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