Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ ***Claim Discontinued***


Recommended Posts

so court time

please complete this:

 

  • 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... 

Link to post
Share on other sites

WWW.MONEYCLAIM.GOV.UK

I cant login to the MCOL website. When i try to login it just brings up the government gateway login window, i use the claim number and provided password but it does not seem to work. Am i missing something here?

I have not completed part of the form,

Which Court have you received the claim from ? Northampton

Name of the Claimant :           uk parking control limited

Claimants Solicitors: (if one is stated) Yasmin Mia

Date of issue –  - 24th Aug 2023

Date for AOS - 

Date to submit Defence - 25th Sept 2023

What is the claim for  

1.The defendant (d) is indebted to the claimant (C) for a parking charge(s) issued to vehicle xxxxxxx at Mcdonaldds Bristol.

2. The pcn details are ..........

3. The pcn was issued on private land owned or managed by C. The vehicle was parked in breach of the terms on C's signs (the contract) thus incurring the pcn(s).

4. the driver agreed to pay within 28 days but did not. D is liable as the driver or keeper.

5.Despite requests the pcn(s) is outstanding. The contract entitles C to damages. 

AND THE CLAIMANT CLAIMS

1 £170 being the total of the pcn(s) and damages. Interest at a rate of 8% per annum pursuant to s.69 of the county courts act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment 3. Costs and court fees.

What is the value of the claim? £170

Amount Claimed £179.16

court fees £35

legal rep fees £50

Total Amount £264.16

Have you moved since the issuance of the PCN? (y/N - if Y state Date too) No

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Y/N + date and did you reply?    yes did receive one and replied 10/07/2023

claim form.pdf

Link to post
Share on other sites

you need to create a gateway password 1st then login into mcol 

and can you please type out the particulars of claim as asked. 

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... 

Link to post
Share on other sites

Dx many thanks for your guidance, i got there in the end.

Date for submitting my defence is 26th Sept 2023

Particulars of claim below

The defendant (d) is indebted to the claimant (C) for a parking charge(s) issued to vehicle xxxxxxx at Mcdonaldds Bristol. 2. The pcn details are .......... 3. The pcn was issued on private land owned or managed by C. The vehicle was parked in breach of the terms on C's signs (the contract) thus incurring the pcn(s). 4. the driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests the pcn(s) is outstanding. The contract entitles C to damages. 

AND THE CLAIMANT CLAIMS

1 £170 being the total of the pcn(s) and damages. Interest at a rate of 8% per annum pursuant to s.69 of the county courts act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment 3. Costs and court fees.

Link to post
Share on other sites

defence deadline is 25th you cant count (claimform date is ONE in the count as the guide says)

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.

 

 

  • 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... 

Link to post
Share on other sites

  • 2 weeks later...

hey guys could you be so kind as check over my defence when you get a moment please. 

 

SHould i mention any of the circumstance regarding my living circumstances at the time of the pcn? Please see reminder below.

This was during the xmas period 2022 and there was also the royal mail strikes going on at the time.

It was originally sent to my old address in South Wales, it was then redirected to my daughter in Glasgow, Scotland because I had been living in a hotel for a short period of time and i had no address.

My daughter is young and she was not opening my mail very frequently so she had no idea that there was anything urgent there.

had a redirection set up from Nov 2022 to Apr 2023 (6 months).

I did email UKPC all this information and tried to appeal but they told me I missed the deadline to appeal this PCN. 

 

 

Here is my defence below - 

 

1.The defendant (d) is indebted to the claimant (C) for,  parking charge(s) issued to vehicle xxxx xxx at Mcdonalds Bristol Patchway 562, highwood lane, patchway trading estate, Bristol, bs34 5tq.

2. The pcn details are xx/xx/xxxx -  xxxxxxxxxxxxxx.

3. The pcn was issued on private land owned or managed by C. The vehicle was parked in breach of the terms on C's signs (the contract) thus incurring the pcn(s).

4. the driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests the pcn(s) is outstanding. The contract entitles C to damages. 

AND THE CLAIMANT CLAIMS

1 £170 being the total of the pcn(s) and damages. Interest at a rate of 8% per annum pursuant to s.69 of the county courts act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment 3. Costs and court fees.

What is the value of the claim? £170

Amount Claimed £179.16

court fees £35

legal rep fees £50

Total Amount £264.16

 

The Defendant contends that the particulars of the claim are vague and are generic in nature which fails to comply  with CPR 16.4.  The Defendant accordingly sets 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’s denied that I ever entered into a contract to breach any terms and conditions of the stated private land. 

2. Paragraph 2 and 4  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. It is admitted that Defendant is the recorded keeper of the vehicle. The claimant is not in a position to state if I was the driver at the time.

 4.  Paragraph 4 is denied the claimant has yet to evidence that their contract with the landowner supersedes Patchway Trading Estate byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract.

 5. Paragraph 1  under the CLAIMANT CLAIMS is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.

 6 Not withstanding the above on xx/xx/xxxx  I made a request pursuant to CPR 31.14 for the claimant to disclose its necessary evidence in support if its claim. To this date the claimant has failed to respond to said request

 Therefore the claimant is put to strict proof to evidence its cause of action and contractual costs and what loss it has suffered. 

 The Claimant is further put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

 The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the recovery or any recovery at all.

Link to post
Share on other sites

unless you have already been told here, which i cant see you have , or unless experts advise to add the extra bits you have ....

you KEEP to the default defence, 

i believe this is important with VCS at this stage as to not give any clues away!

PS you never include their POC (RED BIT!)

 

  • 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... 

Link to post
Share on other sites

What you have prepared will come in very, very handy ... but later on at Witness Statement stage.

Keep the defence generic for now so the fleecers won't have a clue about what you will argue in court, and then give them both barrels later at Witness Statement stage.

You know the drill -  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/  then scroll down to  2) How should I defend?  for the generic defence.

If you want, given in your case they refused to give you the right to appeal, change (6) to (7) and put in a new (6) -

(6)  The Claimant has not respected their own trade association Code of Practice, as they denied me the right to appeal.

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

What utter idiots DCBL are.  You didn't send a SAR.  You sent a CPR request.  Anyway, it's better this way, they won't send you the documents you requested so you can state in your Witness Statement later on that they refused to show important legal permissions. 

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

FTMDave - many thanks for your reply, yes they are not very smart for people who are meant to be legal professionals , oh well its good to know it will help me later on.

Today i got a letter from the courts to say they acknowledge receipt of my defence, please see attachment. Thanks again for your help and guidance ;) 

 

2023-09-22 HMCTS - Ack Of Defence Filing.pdf

  • Like 1
Link to post
Share on other sites

follow the golden rules as with every debt...no phone calls no emails no texts.

pers i would be writing to them and stating the your only method of comms is in Writing by royal mail

ALL phone numbers & emails are to be deleted from their files and not used for any comms regarding our mutual claim.

you are going to have to do this anyway by the looks of things... at some point you've given them all your details. oppss!

 

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... 

Link to post
Share on other sites

dx many thanks for your reply. I will send them a letter in the near future just as you suggested. I'm in the middle of packing and moving as per my eviction thread. I always redirect my mail anyway.

That's a good point how did they manage to get my number, have i inadvertently put it somewhere i shouldn't have?

Link to post
Share on other sites

you must make 1000% sure you inform the court (see if you can change it on mcol?) and the claimant/sols of your new address in writing.

do not rely upon mail redirect many court letters state do not redirect.

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... 

Link to post
Share on other sites

Then just make sure they have your postal address and send a letter with it on a heading that  you don't accept comms by phone txt or email, with free proof of posting.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...