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    • Apologies dx100uk  I did not put the answers in red  Thank you all for your patience. H
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking 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.  It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor?  Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
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esp/gladstones MNPR PCN Claimform - spinningfields estate manchester - ***Claim Struck Out***

***Claim Struck Out***

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Hi

I was hoping someone would be able to assist me with this request.

I have received a claim form saying that I had parked at spinningfields estate manchester, i cannot remember doing this at all.

I have also not received a single correspondence from the company demanding money etc or to pay the charge, not a single thing and then this appears in the post.

nor have i seen any evidence to support that i was there,  Can anyone provide any guidance, time is limited.

Thanking you in advance

 

Regards

MK

 

claimform.pdf

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Don't worry, you have ample time to defend this.

 

The invoice - that's what it is, not a fine, a private company doesn't have the power to fine anyone - is from October last year.  Have you moved and not updated the vehicle log book with the DVLA?  Could the correspondence have gone elsewhere?

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  • dx100uk changed the title to esp/gladstones ANPR PCN - spinningfields estate manchester - received nothing prior to claimform

hey this could be fun dave

nothing to the OP yet a claimform magically appears!

 

anyway.

@mkontheroad

 

please complete this.

 

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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please read this and copy and paste the questions back here

answer each at its end

then hit reply.

 

then we will get you moving PROPERLY.

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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sorry for lateness, here is the information you requested 

 

thanking you in advance.

 

MCOL Northampton N1 ? county court Northampton

 

Name of the Claimant : ES Parking Enforecement Ltd City House 131 Friargate Preston PR1 2EF

 

Claimants Solicitors: Gladstone Solicitors Limited 1st Floor, 210 Cygnet Court Centre Park Warrington WA1 1PP

 

Date of issue –  13th April 2023

 

Date for AOS - 

 

Date to submit Defence - 

 

 

What is the claim for 

 

 1) The driver of the vehicle with registration XXXXX (the "Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract) at SPINNINGFIELDS ESTATE MANCHESTER, on 22/10/2022 thus Incurring the parking charge (the 'PC').

 

2. The PC was not paid within 28 days of issue.

 

3. The Claimant claims the unpaid PC from the Defendant as the driver/keeper of the Vehicle.

 

4. Despite demands being made, the Defendant has failed to settle their outstanding lability.

 

5. THE CLAIMANT CLAIMS £100 for the PC,

£70.00 contractual costs pursuant to the Contract and PC terms and conditions,

together with statutory interest of £6.58 pursuant to s69 of the County Courts Act 1984 at 10.25% per annum, continuing at £0.05 per day.

 

What is the value of the claim? 261.58

 

Amount Claimed 176.58

court fees 35.00

legal rep fees 50.00

Total Amount 261.58

 

 

 

claimform.pdf

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thread tidied

 

pop up on the MCOL website detailed on the claimform

.

register as an individual on the Gov't Gateway Site
Go to HMRC's login page.


Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...


You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 

then log in to the MCOL 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.

click thru to the end

confirm and exit MCOL.

.

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.

………….
 

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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not me the forum and all it's members.

 

in this instance as nothing to date you've ever gotten

i'd also wack off an sar to ESP

address is on the claimform.

 

 

  • Thanks 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

Yes the sar is important as we need to see what they are pursuing you for. They are not very good with their paperwork nor their signs  but you do need to get the ball rolling with reasons to beat them and the sar is a good  start.

Also please check with the DVLA as they will have two addresses for you. One as the driver and the other with your vehicle. They may be different so worthwhile seeing if the addresses differ. At the same time ask the DVLA when they sent  ESP your address and what address did they give.

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Thank you for the guidance, this is what i've completed today

 

replied to the claim form stating im contesting it entirely

sent a CPR 31:14 to the parking companies solicitor 

sent sar to ESP

 

Kindly advise should i do anything else.

 

Both the CPR and SAR was sent royal mail recorded delivery.

 

lookinforinfo you mention 

 

"Also please check with the DVLA as they will have two addresses for you. One as the driver and the other with your vehicle. They may be different so worthwhile seeing if the addresses differ. At the same time ask the DVLA when they sent  ESP your address and what address did they give."

 

how do I do this, by calling them, I can confirm that I have only one address which DVLA have

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just to clarify.

you must if you moved return your cars v5c and update its address

you must also separately update your driving licence,

 

both should always be done by royal mail letter and getting proof of posting for each.

 

however, just again for clarity,

unless you write to anyone that owns a 'debt' against you, including a parking company, they are quite legally allowed to file a backdoor CCJ against an old address,

 

they do not, neither are debt owners on your credit file or not for debts your last used/paid in the last say 7yrs, need to recheck your correct address. it's upto YOU to inform people.

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

That is good news. When the SAR results arrive you will then know what address the PCN etc were sent.  You would have been sent the PCN, several reminders followed by several letters from their debt collectors plus a further two or three letters for solicitors prior to  the claim form.

One might expect one or two to be misdirected but not that many which is why I suggested checking with the DVLA.

 

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Thank you for this information, I will check again with DVLA to make sure. 
 

also today I received this email from the lawyers 

please advise accordingly 

thanking you in advance 

Don’t know what happened but here is the message from then 

Dear Mr 

 We act for the Claimant and have notified the Court of the Claimant’s intention to proceed with the Claim. 

 Please find enclosed a copy of the Claimant’s completed Directions Questionnaire, which has also been filed with the Court.  

  Yours sincerely

Joshua

Legal Assistant  

 

Gladstones Solicitors Limited 

Unit B 210 Cygnet Court 

Centre Park 

Warrington 

Cheshire 

WA1 1PP ,

thankig you in advance

Directions Questionnaire (ServeDef) (1).pdf

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they always send those out early to frighten and intimidate.

 

pop up on MCOL website look at the claim status

does it say DQ N180 sent out to defendant and claimant?

 

if not ignore them.

nothing you need to do.

 

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

thread tidied too

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

Claim History
A claim was issued against you on 13/04/ 2023
Your defence was submitted on 26/04/ 2023 at 11: 10: 11
Your defence was received on 26/04/ 2023 at 14:05:09

 

no sign of DQ N180 at all

 

so they are just trying to frighten you

 

you'll see this if you go read a good few (10-20+) pcn claimform threads here.

 

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

they have 33 days from you defence filing date

 

can you please post up the defence you filed please?

 

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

god whatever made you file that and so early?

why did you not file our recommended defence in our sticky?

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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