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    • 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 If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 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 756050. 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)     Thw 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 Firrst 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.  A 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.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      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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UKPCL/DCB legal Windscreen PCN Claimform - Marlborough Road Estate Braintree Essex CM7 9UZ ***Claim Discontinued***


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9 hours ago, dx100uk said:

your statement of truth needs updating it's changed.

Indeed - use the Statement of Truth at the end of the WS I indicated.

When you have time take on board the regulars' suggestions and post up a second draft.

We could do with some help from you.

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4. On 12/09/22 the defendant received a claim form from the UKPC and County Court Business centre, the defendant issued his defence on 16/09/22 noting he was not the driver and that he had not received any information previously.

eh? same as 3.

on 16/02/2022 the defendant filed their defence via MCOL noting...etc 

2. After receiving the County Court Claim Form from UKPC On 12/09/22 via Moneyclaimgov website the defendant declared to UK Parking Control Limited he was not the driver by completing the Defence and Counterclaim form (EXHIBIT 3). On 02/11/22 the defendant called DCB Legal and advised them again he was not the driver and questioned if they still wished to proceed. Despite this, both parties have ignored that the defendant was not the driver, neither asked who the driver was. Neither the PCN issued by UKPC on the windscreen nor the notice to the keeper comply with the protection of Freedoms Act 2012 which means that they cannot transfer the liability for the breach from the driver to the keeper (defendant). 3.

replace red with   ....   the claimant has

replace red neither with nor.

4. The PCN and further documentation received form

spelling mistake FROM

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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Well done.  This is a vast improvement.  Keep doing this and you'll have an excellent WS after another couple of goes.

The heading The Defence needs to be binned.  You filed your Defence months ago.  This is a Witness Statement.

Move your heading The PCN / No Locus Standi down one paragraph so that No Keeper Liability includes para 1 & para 2.

Remember you are writing for an unbiased third party - the judge - who will only have a short time to read your WS.  You need to be brief and clear.  I don't think paras 3-6 are very clear.  I've followed your case but it took me quite a while to get my head around the locations.  I don't know what is in your exhibits but you need to explain to the judge what is shown in these Google Maps screenshots. 

You parked on an open road - Vanguard Way.  It appears the fleecers manage the car park off Vanguard Way.  But you were not in their car park, you were on the open road.

In fact from the charlatans' photos it becomes crystal clear where you parked.  The photos show a series of signs, which are on the open road, including "Marlborough Road" at the entrance to the vampires' car park.  This is where you parked.

As a secondary matter they haven't got the post code right for either of the locations and have instead used the post code for Victoria Road, as you say another road altogether.

Above 7 write a new heading Consideration Period/Codes of Practice.

Above 8 write a new heading No Locus Standi.

Before your Statement of Truth write a new heading Abuse of Process and copy the whole section, the whole shebang, from kfdh1962's WS at post 80 here (I say post 80 but sometimes the post count goes a bit wonky, it might be a couple of posts above or below)  https://www.consumeractiongroup.co.uk/topic/432762-eps-anpr-pcn-ignored-loc-now-claimform-29-sec-stay-shoulder-of-mutton-birmingham-claim-discontinued/page/4/#comment-5193046

1 Vanguard Way - Google Maps — Mozilla Firefox 31_05_2023 11_38_26.pdf

Edited by FTMDave
Incorrect information removed

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OK, I realise time is ticking so promise to go through everything with a fine tooth comb this evening.

I take it the fleecers haven't sent you their WS yet, right?

We could do with some help from you.

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Well, I was going to go out tonight.

But late last night, my son, who lives with me, knocked off work in a bad mood, got in the car, punched the roof (as you do) - and has broken his hand.  Plus there's something bad about the break which means he'll have to have an operation.

So I am not going out tonight!  I am staying in and dealing with your WS!

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@honeybee13  Thanks.  It's no big deal really.  He's been laughing about it all day.  One of the ends of broken bone is pointed the wrong way or something.  The doctor said it'd be a quick operation under local anaesthetic, and he probably won't even have to stay in hospital overnight.

@Niknak76  The WS will need to be e-mailed to the court, with the words "Witness Statement" +  the claim number + the names of the two parties in the subject field.  Obviously click on the "return receipt" option.  You will post the fleecers theirs 1st class and get a free Certificate of Posting from the post office.  That needs to go to DCBL, not UKPC.

You say "must post Tuesday" but as a Litigant-in-Person you are allowed a little leeway with court rules.  I would wait until Wednesday if necessary to see if the fleecers' WS turns up so you can demolish it.  An extra day won't harm you.

Right, let's get stuck into the latest draft ...

 

We could do with some help from you.

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In (2) you need to explain why the invoice is not POFA compliant.

Your current (8) needs to be moved to below your current (6) as it's the same legal argument.

I'm still worried that your current (3-6), which is your ace, should be clearer for the judge.  How about something like -

3.  The driver parked on the open road, in Vanguard Way, CM7 9UY.  In Exhibit XXXXX I show a screenshot from Google Maps which shows Vanguard Way, where the driver was parked, and a car park to the left, which I presume is managed by the Claimant.  The driver did not park in that car park.

4.  The exact spot where the driver was parked can easily be ascertained by looking at a photograph taken by the Claimant and at the same time at a close-up of the previous Google Maps screenshot (Exhibit XXXXX).  These photographs show the same signage on the open road at the entrance to the car park presumably managed by the Claimant.  Once again, the driver parked on the open road, not in the residents' car park.

5.  I refer again to the Claimant’s photographic evidence of the car parked at the roadside.  The signage adjacent to the car displays no terms and conditions.  In fact, the sign states “see notices in car park for conditions”.  This shows that any parking restrictions were applicable inside the Marlborough Estate car park, not on the open road.

6.  The Claimant's PCN all refer to "Marlborough Estate car park" which is the incorrect address as the driver parked in Vanguard Way.  In fact the post code identified on the PCN and other documentation sent to the Defendant identified the postcode as CM7 9UZ which is for Victoria Road, another road altogether!  See Exhibit XXXXX.

Edited by FTMDave
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The windscreen PCN does not comply with PoFA  as there is no Parking Period mentioned- only the issue time is mentioned. On the NTK which came later once again the period of parking is not mentioned on the PCN as required by PoFA. There are parking times n the photos but that is not what PoFA requires. In order to enable the charge to be transferred from the driver to the keeper, UKPC must comply with the Act Schedule 4 S8 [2][f]  

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

It is quite clear that the applicable conditions have not been met so the keeper cannot be held responsible.

The area is for permit holders only so the signs are prohibitory for non permit holders so there can be no contract offered to non permit holders. 

 

 

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Well, I would wait till Wednesday as scribbled above.

In any case don't send anything yet as we need to include a quick paragraph about prohibition as LFI says.  Plus a paragraph about the fleecers not having sent a WS.

Work calls now but I'll write something on the thread late this afternoon.

 

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Immediately after your Consideration Period / Codes of Practice section, a new section -

Prohibition

XX.  The driver did not enter the car park managed by the Claimant.  However, had they done so, I would have relied on the persuasive case of PCM vs Bull, Claim No. B4GF26K6, where the Defendant was issued parking tickets for parking on private roads with signage stating “no parking at any time”.  District Judge Glen in his final statement mentioned that: “the notice was prohibitive and didn’t communicate any offer of parking and that landowners may have claim in trespass, but that was not under consideration”. 

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Immediately before your Statement of Truth.

XX.  Although I am a Litigant-in-Person, with no experience of court matters, I have done my utmost to respect the deadlines fixed by the court.  As of today, Wednesday 7 June, the Claimant has not done the same and I have not received their Witness Statement.  I would respectfully request that rhe court disallow any Witness Statement which might arrive from the Claimant in the following days.

Obviously change the date to Tuesday if you're set on filing on Tuesday.

And obviously delete the whole paragraph should the fleecers' WS turn up tomorrow for example!

If you have time, another draft taking on board the points LFI & I have suggested would be a good idea.

 

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So your WS has to be in 14 days before, so this Friday 9 June.  You have loads of time still.

If you e-mail the court on Friday by 4pm you will respect the deadline.  The fleecers' copy can be posted that day and 24 hours late with them won't hurt you.

That gives you a great chance of receiving their WS and being able to ridicule their claim.

But do post up a revised draft of yours when you can.

 

We could do with some help from you.

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Morning All, and Dave.

Thanks, James for all your support and advice.

Apologies i ran out of time this week but did take on all your advice. WS all done and ready to post to the fleecers at lunchtime today.

Also timed email done that will send WS at 10am to court. 

No WS from fleecers received as of yet, deadline today.

Is it normal not to receive WS from them? 


 

 

 

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Congratulations!

Mybe wet their pants when they saw your witness statement...

Don't think you can chase for costs, but there may be a possibility of a GDPR claim.

The team will advise...

We could do with some help from you.

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