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TPS ANPR PCN PAPLOC Now Claimform - Wrong Reg - boddingtons Gt Ducie Street, Francis Street, Manchester, M3 1PQ


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  • 1 month later...

time to get your witness statement done then.

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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1 hour ago, Dave962 said:

Hi all I have my court date set now for end of Feb…

Why not scan redact and upload a copy of your Notice of Allocation (N157) here for easy reference with the courts directions and dates for good measure ?

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so WS by 10th feb (edit: 14th feb)

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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Share on other sites

Thanks DX

Im currently going through a divorce at the min, as you can imagine I'm having my hands full.

I just called the court to see if it could be pushed back.

They were quite helpful and said I could try to contact the other party to see if they could help me, or failing that, just put a request in to the judge direct.

Would you say the 2nd option would be the one to go for?

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I hate to be a party pooper but (a) I can't see the other side playing ball and (b) I think to apply to the court for a change of date would set you back £275.

We could do with some help from you.

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Hi Dave appreciate that thanks a lot. Timing is so crap but hey ho. I’ll send an email on the off chance to court, but I’ll start taking a look at some WS’s at the same time.

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Well, nothing ventured ...

There's nothing stopping you e-mailing the court and also DCB Legal (after all they are solicitors rather than TPS who are out to get you).

Go for it.

Just don't hold out much hope.

 

We could do with some help from you.

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I realise I need to do homework etc, but is there any possibility of some guidance please for my WS? I've spent the bulk of the day looking though the site and it feels like a needle in a haystack. Ive typed in to enhanced wrong reg witness statements but there is very slim pickings. 

I'm very sorry for the inconvenience but any assistance is appreciated as always 

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I'm at work till 9:30pm UK time but after that I'll have a read through your thread from the beginning and suggest the main points to argue.

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So you need to prepare -

SEQUENCE OF EVENTS - a brief description of how you got the ticket.

DE MINIMIS - your ace.  You paid.  They suffered no loss.  You have proof.  You told them during PAPLOC about the wrong reg.

KEEPER LIABILITY - they haven't established keeper liability in accordance with Schedule 4 of the Protection of Freedoms Act 2012.  LFI worked his magic in post 35 - use his arguments.

LOCUS STANDI - they are not the landowner.  You asked to see their contact with the landowner that authorises them to bring legal claims in their own name by CPR 31:14 request but they never replied.  You do not believe they possess such authorisation.

ILLEGAL SIGNAGE - CPR 31:14 request was also for proof of planning permission for their signs.  There was no reply and you believe they do not possess planning permission with is a criminal offence.  No contract can be formed where criminality is involved.

DOUBLE RECOVERY - the extra £60 Unicorn Food Tax they have made up.  The arguments are generally the same here for every case.  For a long time we had "a long version" but then someone in an emergency wrote "a short version" which IMO turned out to be better.  Or almost.  So recently I merged the two, and it's below.

DOUBLE RECOVERY

33.  The Claimant has artificially inflated their claim for a £100 invoice to £160.  This is simply a poor attempt to circumvent the legal costs cap at small claims.

29.  Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio.

An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court V Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practise continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (...) the claim is struck out and declared to be wholly without merit and an abuse of process.”

34.  In Claim Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ''It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the Civil Procedure Rules 1998...''

35.  The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.

36.  It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4).

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Having read the POC again, this could possibly be a case to try the new addition I've dreamt up?

 

Not sure what section or heading to give it...

The claimant apparently claims breach of contract for the use/enjoyment of land.
In their particulars of claim, the claimant has failed to comply with CPR16 (7.1), (7.3) and (7.5).

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16/pd_part16#7

The defendant therefore, invites the court to dismiss the claim.
In the alternative, the defendant requests that any part of the claimant's statement referring to alleged breach of contract be disregarded.

 

Not sure whether we'd need to expand on (7.1), (7.3) and (7.5)

Any thoughts guys?

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Would 7.5 be valid in this case? I would have thought that 7.3 involving a written agreement would be the more appropriate. Not sure that there are any agreements by conduct within the private parking industry.

You are on stronger grounds with 7.3 since it is asked that a copy of the contract is included with the POC rather than  being presented [if at all] at WS stage. 

And well done NB for trying another type of attack on the rogues.

I am all in favour of striking early and added to the above you could say that the POC fails to determine in what capacity the Defendant is being pursued-driver or keeper -it cannot be both. In addition the £160 demand is surely a penalty. Nor have they broken down the figure to clarify what is the amount owed and how much are the damages. As well as asking what are the damages for? Can't be for tearing up the tarmac with the car wheels-maybe hurt feelings? 

I have seen an odd occasion where a Judge has thrown out a POC off their own bat because it was so poorly written. So nothing ventured nothing gained.

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How does a driver agree to the terms and conditions of a contract on signage? Certainly not in writing or verbally.

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Thanks for all your help with this I'm so grateful. I should have a bit of free time tomorrow to hopefully go through your comments in a bit more detail

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From CEL's claim against Kplanet...

https://www.consumeractiongroup.co.uk/topic/447360-cel-pcn-anpr-claimform-nhs-lease-car-tenerife-buildings-station-road-south-gosforth-newcastle-ne3-1qd/#comment-5213174

Their POC: Section 1

1. Claim for money relating to the parking charge for breach of contract terms/conditions for parking in private car park managed by client. Drivers may only Park pursuant to TCs of use displayed in CP and agreed upon entry/parking.

They seem to have (almost) covered (7.5) above

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