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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • 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.
      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Erudio/Drydens Claimform - Old SLC Loans - their N244 to lift stay/SJ Dismissed - they now 28days to propose a Tomlin.


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Drydens don't issue Court Orders...have received the judges Order from the Court in writing ?

We could do with some help from you.

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Hi Andy,

I've already been to court. I've received the order from the judge explaining what was required of me. Drydens had to have a signed Tomlin order on her desk so to speak by 4pm yesterday. My only job was to fill in a financial statement and an offer of payment, which I completed and returned weeks ago.

Drydens hasn't sent me anything to sign and therefore missed the stated deadline from the judge. 

As if by magic, the Tomlin order came through just this morning from Drydens and they have requested it to be signed and returned within 14 days! I've kept the envelope which is dated the 21st and the letter is dated the 20th.

I was thinking my next move is to sign it and send it back to them recorded delivery and then email the judge photographic evidence of the envelope dated the 21st (the deadline) and also the letter they sent.

It will show that I have done my side of the bargain and that it is obvious there has been a bit of gameplay on their part.

I'm assuming I am in a good position to ask the judge for the Tomlin arrangement to be dismissed as they failed to sort it within the deadline.

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1 hour ago, pellegrino said:

I'm assuming I am in a good position to ask the judge for the Tomlin arrangement to be dismissed as they failed to sort it within the deadline.

I know you have been to court I was asking if you had the order in writing. Now they have complied why do you want the Tomlin dismissed ?

We could do with some help from you.

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I have had the order in writing from the court.

I only received the tomlin order from Drydens this morning.

I need to sign and return this to them which is then filed with the court.

The reason I am asking for summary judgment in my favour is the fact that they have missed the deadline set by the judge. So they haven't complied have they?!

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1 day isn't wont be viewed as none compliance. The point of the Tomlin Order is to stay and settle the claim ...do you not want to settle the claim ? Dismissing the Tomlin wont give you Summary Judgment that is a separate process in which you have to submit an application ..with fee £275.00 and evidence as to why you should be awarded summary judgment.

If you dismiss or do not sign the tomlin order the claim proceeds as normal...and you may lose.

We could do with some help from you.

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Hmmm.

I honestly don't know why dates are given in courts then?!

I'm sure if I didn't comply and sign it they'd come down on me like a ton of bricks.

What's the point if deadlines don't matter? 

What a complete farce.

The case is already stayed too.

Common sense seems to just go out the window. 

When is it an issue then?

I received a Tomlin from Drydens one day late after the court deadline which was yesterday.

Dryden says to sign it and send it back within 14 days taking it into December. Does 14 days late make a difference or does that not matter?

What would be sensible is that the judge sees they have not adhered to her terms and chucks the whole thing out.

The case remains stayed and I can get on with my life.

What should  I do?

Just sign it and send it back and forget that they're going to be over a week late.

When I was in court the judge made it clear that they had 28 days to do this.

She was waving her finger at them and wasn't messing about!

I'm just hoping she'll chuck the whole thing out and leave it stayed. 

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I'd be very careful about signing and returning the Tomlin Order until you've had further advice.

You may be better off just appealing to the judge to dismiss Erudio's claim as they have not complied with the Court Order in the time specified.

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Nurselayer v Natwest - Settled in Full :D

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Definitely, that's what I think too.

I contacted my solicitor who's luckily doing a bit of work for me totally unrelated to this. He told me to throw the ball back to Dryden explaining that even though I am happy to sign the order I would like an explanation as to why they had left it until after the deadline.

I did what he said and cc'd the court/judge on the email. This shows that I'm willing to complete the order and I'm not just going to do nothing as it arrived late.

As the judge really was very specific about the deadline I'm hoping she'll be livid about what they've done and chuck it out.

Her warning to me was that if I didn't comply and comply with signing the order and offering a payment etc, then she would have no hesitation in hitting me with a CCJ.

As I've complied and they haven't then surely the consequences should match equally to both sides.

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if the tomlin agreement is dated one day before the deadline and posted that day , then thats obv very cheeky of drydens, but it's what all the muggers do. pers even though the judge was very firm toward drydens and i think it is not on what they have done, i think you'll have a hard time avoiding having to sign it,  ...eventually.

you could take a gamble and let it return to court whereby i think all she will do is give drydens a telling off but advise to sign the tomlin.

how much £PCM is it for?

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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Hi,

£30 pcm so it's not going to break the bank! I'll sign the tomlin and send it back. I was wishfully thinking that the judge would just throw it out as that seemed her ultimatum with them. My ultimatum was to offer payment etc and comply otherwise a ccj.

 

cheers for getting back.

 

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readme!!

 

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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