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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. 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 simply contracted by the landowner 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. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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    • We have finally managed to obtain the transcript of this case.

      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.
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New strategy for Allocation Questionnaires


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Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

If you have used the new strategy, was it successful?  

80 Caggers have voted

  1. 1. If you have used the new strategy, was it successful?

    • Yes - the draft was made into an order
    • No - standard/other directions were ordered


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That wasn't actually the first instance of it though. Mine was one of the first (Swindon CC), although not the first I don't think. I'll try to get a definate on it Glenn.

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Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks to GaryH

 

My problem has been well and truly resolved now, cheers all for looking.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hello hope you can help us. My husband has a case ongoing at Gloucester CC against Barclays. This has been stayed until tomorrow and then the judge has decided that unless a request for directions is filed by 14/02 it will be closed. Are these directions suitable for this purpose and if so do we need a legal form or will a letter do? Hope you can help us thank you Julie & Dave

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Hi, Juliedawn

 

Without a full breakdown of everything you've done to date, it's difficult to answer that question definitively.

 

However, my inclination, given the limited time you now have left, would be to file something, anything that looks like sensible request for directions. That being the case, use the ones in this thread.

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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I think I know which order your referring to Julie, but it would be helpful if you posted up the exact wording, just to make sure. If its the one I think it is, then send this letter with the draft order (post #2) attached;

YOU v LLOYDS BANK PLC

In the ***** COUNTY COURT

CLAIM No:*******

 

Pursuant to the order made by District Judge ***** on **/**/**, I, the claimant, hereby confirm that no settlement has been reached with regard to the claim as detailed above, and as such I respectfully request that it be allowed to proceed to allocation.

 

Despite the Defendant making a request for the stay by indicating an intention to negotiate a settlement on their allocation questionnaire, with regret I must inform the court that the Defendant has attempted no contact whatsoever during the period of the stay.

 

Further, I contacted the defendant by way of a letter on **/**/**, in an attempt to initiate the dialogue for which the stay was intended. Unfortunately, this correspondence was not afforded the courtesy of a response.

 

If the court is in agreement, the Claimant respectfully suggests that directions could be made as per the attached draft order.

 

If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediently.

 

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendant’s charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

A copy of this letter and draft directions has also been sent to the Defendant.

 

 

Yours faithfully

You'll have to amend to suit - it was intended for LTSB claimants so there may be bits that don't apply. Can you post a link to your thread please?

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Apart from the odd spelling error, that lookslike just the right thing. Nice one, Gary!

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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:oops: Oops! I'm completely bloomin useless at spelling - always have been!

 

Cheers Westy, I'll copy and paste it into a spellchecker!

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Sorry if this has been asked before.

 

Just filled out my AQ have also printed off the Draft Order for Directions.

1. Does the 14 days start from todays date or from when the Judge replys saying "yes go ahead" so to speak.

 

2. Do I send this to the Defendant straight away or do I wait for the above.

 

Thanks again in anticipation and sorry if this has been answered before

 

juli99

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Sorry if this has been asked before.

 

Just filled out my AQ have also printed off the Draft Order for Directions.

1. Does the 14 days start from todays date or from when the Judge replys saying "yes go ahead" so to speak.

 

2. Do I send this to the Defendant straight away or do I wait for the above.

 

Thanks again in anticipation and sorry if this has been answered before

 

juli99

 

Hi

 

1 It's from when the judge makes the order. He (a) might not or (b) give them a different period.

 

2 Yes, send AQ and associated documents to the defendant.

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Thanks for that. Just submitted my AQ. Funny thing was there was a woman at the next counter attempting to stop the bailiffs coming in over a credit card debt. Gave her this web sites name, so I think one more member will be on her way.

 

juli99

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She has my deepest sympathy. Poor woman - she must be at her wits' end.

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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:oops: Oops! I'm completely bloomin useless at spelling - always have been!

 

Cheers Westy, I'll copy and paste it into a spellchecker!

 

Gary

 

google 'ispell' its a spellchecker that interfaces with web browsers, its what i use, when i remember that is, oh its free too.

 

HTH

 

glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hi there Gary,sorry to bother you but i have a quick question i want to ask- I have sent my AQ (along with draft) back to my local court and photocopies of both to DG (HSBC's solicitors) and i am now waiting for my court date! i have just been advised by another person on my new thread that i should send DG a breakdown of my charges to make/persuade them to make me an offer, can you please tell me do you think this is a wise course of action? Thankyou in advance-Craig

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Glenn,

 

I think that sounds like just what I need. I'll check it out, thanks.

 

Barking Pete,

 

Brilliant news - thanks for letting us know. Make sure you get your documents ready and submit them in plenty of time. If your claim is allocated to small claims then no, I'm afraid you can't claim expenses for bundle preparation and things like that.

 

Craigten,

 

Personally, I'd just wait for the time being. Use the time to familiarise yourself with the documents you'll need to submit after you receive directions. I can't see how sending them a schedule would do anything whatsoever to speed up settlement.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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i sent my AQ in on the 17th Jan with new directions and phoned the court on tuesday30th and was told that the judge has looked at the case and allocated it to the small claims track,so i am just waiting for a court date.

anyone any idea on how long before i get a court date or does it depend on how busy the court is.

i might give them a ring monday to see if there is any progress.

cheers.

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You should get a notice of allocation very soon. Leave it till Wednesday before following up again, is my suggestion. save your telephone bill money!

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Hi there Tanz,sorry to bother you but i have a quick question i want to ask- I have sent my AQ (along with draft) back to my local court and photocopies of both to DG (HSBC's solicitors) and i am now waiting for my court date! i have just been advised by another person on my new thread that i should send DG a breakdown of my charges to make/persuade them to make me an offer, can you please tell me do you think this is a wise course of action? GaryH thinks not!!?! Thankyou in advance-Craig

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Hi, Craig

 

By all means send a breakdown of your charges, which you should have on your spreadsheet. Did you not send it with your particulars of claim (POC)?

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Why does GaryH think not? I'll have a look.

 

W

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Can't see it. Where was it, Craig?

 

W

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Hi, im not terribly sure,i asked him last night,possibly this thread but further back? im so sorry im not much help,im new at this game! :???: Ive started my new thread and that was the advise given to me! My thread is 'Craigten vrs HSBC. Grrr' I sent the details of my charges (including 8% interest) to Hsbc with my first two lba's but then just filed for the total amount through money claim online,i included my draft too! Im going out for a while now but any/all advise is greatly recieved!! Thankyou so much- carig

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"i included my draft too!"

 

Draft what?

 

W

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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