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    • Thanks for the message jk2054   I have just been drafting what I want to say and I think its best to focus purely on the supremacy of contract. The reason being that I dont want the judge to start focusing on other parts of my witness statement when surely just the supremacy of contract section alone should be enough to get this dismissed.    The crux of my defense revolves around the principle of Supremacy of Contract. When I purchased my flat in December 2016, the contract explicitly included ownership of parking spot 112, as delineated in the lease documentation provided in Exhibit 1. This documentation unequivocally establishes my right to use and occupy this parking space. Furthermore, the subsequent exhibits, particularly Exhibit 3, clearly depict the marked boundaries of parking spot 112, corroborating my ownership as stated in the lease agreement. Additionally, the official register of title, presented in Exhibit 4, reinforces this ownership claim. Moreover, I draw the court's attention to relevant legal precedents, such as Pace v Mr N and Link Parking v Ms P, which demonstrate that parking companies cannot override a tenant's right to park on designated property. These cases serve as persuasive authorities supporting my argument regarding the Supremacy of Contract in residential parking disputes. It is my contention that the absence of any contractual obligation to display a permit for parking spot 112 absolves me of any liability in this matter. The claimant's failure to acknowledge my ownership rights in their witness statement further underscores the weakness of their case.
    • I agree with you LFI, a totally wrong decision, I may be wrong but IMO who was driving is irrelevant .... So what if he declared himself as driver within 28 days? .... I may be wrong but it's my understanding that that just makes him liable for the charge as driver. The fact is, the driver, declared or not, only made the error of entering the wrong vehicle registration number .... The parking was paid for. I think it more likely the judge dismissed because he didn't appeal to the PPC and tell them about the error and confirm he paid giving the chance of rectifying the situation before it got to court. But we can only know if Dave962 clarifies. Pollux, is that a fish like Cod? 😁
    • and more .. As thames water pushes to further rip off captive customers, not get fined for it, and allow more dividends .. for little more than 'aspirations' to do better More detail comes out of the literally and figuratively sh** companies apparently shunting money out of the regulated business to profit/bonus/dividend generating unregulated side companies   "Accounts filed at Companies House show : (Kennets) accounts, filed more than 12 months after the end of Kennet’s financial year, showed that the company made a £1.15m pre-tax profit for the year to 31 March 2023, up from £374,000 a year earlier. Revenues rose to £1.6m in 2023 – up from £1m in "Kennet Properties paid out a £14.5m dividend in the year to 31 March 2023" "Kennet ?takes on? land no longer needed by Britain’s biggest water company before developing it and selling it on, typically for housing or commercial premises. It also received income for the use of sewer networks by third parties for fibre-optic cabling."   Thames Water could raise bills to £627 a year to help fix leaks | Thames Water | The Guardian WWW.THEGUARDIAN.COM Embattled water supplier promises to invest up to £3bn more over the next five years     Thames Water-linked firm paid £14m in dividends despite concerns over group | Thames Water | The Guardian WWW.THEGUARDIAN.COM Kennet Properties sells off Thames Water land, whose owner, Kemble Water, has warned it would not be able to pay a £190m loan  
    • I think it will make more sense if you read that the Judge meant the 28 day sentence was on the PCN not the sign. He lost because in the Judge's opinion the registered keeper has the option to declare who was driving on the day. Dave didn't do that so he takes the blame for not making the declaration. A totally wrong decision which can be challenged at a price. There is no guarantee that another Judge will want to say that the original judgement was majorly wrong so may not change it. On the other hand another Judge may say the decision was an absolute load of pollux and reverse the decision and add punitive additions on to TPS for bringing such a hopeless case to Court.  That's why we call it Judge Lottery. To be fair, Judges tend to get it right more often than not. Doesn't make things any easier for Dave.
    • Do we have any cases where TFl don't write?  I tried to lookup but couldn't find much. Any idea?
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Highview/DCB(L) ANPR PCN claimform - Overstay - Catford Island Retail Park 2


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Hello,

 

I am trying to help a good friend of mine fight a claim issued by the private land operators. He has never replied to any letters and now has a claim against him. He signed up to the MCOL website, not sure what he should put in there to appeal the claim. Please help.

 

1 Date of the infringement 20/10/2019

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] unsure
 

[scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s

 

3 Date received 04/08/2023
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] unsure
 

5 Is there any photographic evidence of the event? unsure
 

6 Have you appealed? [Y/N?] post up your appeal] No
 

Have you had a response? [Y/N?] never had any correspondence
 

7 Who is the parking company? Highview parking

8. Where exactly [carpark name and town] Catford Island Retail Park
 

For either option, does it say which appeals body they operate under.

BPA
 

 

 

 

Highview Claimform (1).pdf

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You've hidden the issue date on the claim form.  What is it?

We could do with some help from you.

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  • dx100uk changed the title to Highview/DCB(L) ANPR PCN claimform - Catford Island Retail.

please complete this:

and get and scan up ALL THE LETTERS HE HAS HAD TO DATE bothsides to one mass PDF 

read upload carefully please

 

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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While waiting for the vital information above, let's be crystal clear about something.

Your friend has made a big mistake in not replying to their Letter of Claim.  The parasites thought that your friend therefore would not reply to a claim form, and they would get a CCJ by default. 

Your friend, to an extent, brought this upon themselves by their non-involvement with the case.  And it seems the non-involvement is continuing.  Why are you dealing with this rather than the person directly involved?  This "on behalf of stuff", as well as making us and you work twice as hard, is fertile ground for wires getting crossed, confusion, legal deadlines missed, legal arguments misunderstood and eventual defeat.

Let's have your mate here dealing with their own case please.

 

Edited by FTMDave
Rubbish advice from me corrected
  • Like 2

We could do with some help from you.

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He is having a life crisis going through a bad divorce. I thought I help the guy out. Someone also uninsured crashed into the back of his car last week and tried driving off:(

But you are correct, the info could be crossed/misunderstood if too many parties are involved. I will advised him to make a new post.

20 hours ago, FTMDave said:

You've hidden the issue date on the claim form.  What is it?

04/08/23

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4 August gives ample time to defend the claim.

He needs to go here  https://www.consumeractiongroup.co.uk/topic/451401-cpm-anpr-pcn-claimform-the-atlip-centre-ealing-road-alperton-wembley-london-hao-4lw/#comments  look at post 7 and follow the instructions.

Once that urgent stuff is done please come back here and we can get on with the rest.

I'm sorry to hear about your mate's personal problems, but the court won't give a toss.

 

We could do with some help from you.

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20 hours ago, dx100uk said:

please complete this:

and get and scan up ALL THE LETTERS HE HAS HAD TO DATE bothsides to one mass PDF 

read upload carefully please

 

get this done please and we will help

till then we are shooting in the dark

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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  • 2 weeks later...

Hello.

I asked him to reply but the the guy is so down at the moment.

I will try help him as much as I can.

He isn't very clued up on these things or computer capable.

I signed up to MCOL and followed the instructions. 

I have also printed CPR 31 letter ready for the post tomorrow.

I have also re scanned and posted the pdf

He told me he overstayed and ignored all the letters:(

 

2023-08-04 Claimform.pdf

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  • dx100uk changed the title to Highview/DCB(L) ANPR PCN claimform - Catford Island Retail Park 2

can please complete the Q&A in my last post

we cant ever be expected to advise PROPERLY without that info easily at hand in a post.

its why we do the sticky Q&A, save searching multiple PDF files

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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On 20/08/2023 at 12:28, chinoky said:

He told me he overstayed

For how long?  Where?  When?

It was certainly a long time ago as they have invented £55 interest on top of £70 Unicorn Food Tax.

Sadly with no information it will be impossible to draft a defence and on 5 September he will have to pay all these made-up charges to them.

 

.

We could do with some help from you.

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Chinoky please tell you friend that the way they are going will end up losing in Court and facing a bill of around £280. Overstaying is not always fatal as there are ways to counteract their claim and he can win in Court. Up to them which way they go. But he has to get involved.

For instance where is the original PCN as we need to see it. There can be multiple things wrong with it which means they cannot pursue the keeper for example. If it has been thrown away we will have to wait until the Witness Statement from Highview or perhaps from the CPR that you sent.

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  • dx100uk changed the title to Highview/DCB(L) ANPR PCN claimform - Overstay - Catford Island Retail Park 2

Name of the Claimant :           

Claimants Solicitors: (if one is stated)

 

Date of issue – 04/08/202

What is the claim for –

Particulars of Claim

1. The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle xxxxx at Catford Island Retail Park

2. The PCN details are xx/10/20xx xxxxxxx

3.The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs 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.

2. 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 judgment or sooner payment. 3. Costs and court fees

What is the value of the claim?  £170

Amount Claimed  £224.20

court fees  £35

legal rep fees  £50

Total Amount  £309.20

Have you moved since the issuance of the PCN? (y/N - if Y state Date too)  N

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?  N

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thread tidied

thank you 

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.

………….
get all paperwork off him and scan everything (bothsides) up to one mass pdf too 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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Thank you for this information.  It will at least make it possible to file a defence early next month.

However, several things.

1.  You say a Letter of Claim was never sent.  Are you sure?  Or was it thrown away?  If they never sent a LoC then that can be included in the defence but it would be a disaster to state this if it wasn't true.

2.  In your first post you mention the date 20.10.2019 and again in the PoCs you write xx/10/20xx.  Is this the date of the PCN?  Then if so in the defence we can hammer them for deliberately waiting four years to pump up the amount of interest.

3.  We've asked four times (this is the fifth) to see the original PCN, the most important document.  Where is it?  Has it been thrown away?  If so the CPR - which should have been sent on 11 August - might get it back.  Otherwise he will have to SAR them.

Getting basic information about this case is like getting blood from a stone.  Obviously that's not your fault.  But your mate got himself in this mess, you come along as a Gift Horse to get him out of it and he still won't put any work in.  Everyone here is an unpaid volunteer and if your mate won't lift his little finger you'll find several of us deciding to do nothing too, and very soon.

EDIT  I see fro's thread is a carbon copy.  Catford Island - Highview - overstay - claim form.  Fro is exactly a week ahead with the CPR.  It's a very good idea to follow their thread so you know what'll be coming - or not coming - next.  Fro's overstay was 23 minutes, your mate's could be within the consideration/grace periods.  But we need to see the PCN.

 

 

.

We could do with some help from you.

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4 hours ago, chinoky said:

The PCN details are xx/10/20xx

stop hiding details we need.

we need times/dates please

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 the correct date is 20/10/2019.

I appreciate the help on this matter. I know the guy needs to pull his weight together. I have had words with him on multiple occasions.

The PCN is lost along with the letter of claims. Every letter before the claim form has been lost. He only knows his offense. I will read up on the other post and hopefully find some helpful info

Thanks again for all your help so far.

 

 

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Understood.  Thanks.

Your mate and fro have the same defence date.  If fro hasn't received a reply to CPR by then, the next step will be for your mate to SAR them to recover the paperwork.  But there are 10 days yet. 

 

.

We could do with some help from you.

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I decided to look up this post - I got a response to the CPR, they are making the request to their client and will provide in due course. The letter was dated the 18th Aug.

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I see yesterday was the deadline to file a defence.  I take it that was done?

If by some horror it wasn't done we need the person in legal dispute - not chinoky, the person who has the claim against them - on the forum sharpish this evening.

We could do with some help from you.

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not even logged in in over 2 weeks fat chance FTM.

 

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 either chinoky has remembered to do the defence for his idle mate ...

... or his idle mate has succeeded in his goal of losing the court claim.

We could do with some help from you.

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Well, that is good news.  I was fearing no defence had gone in and he was about to lose by default.

We could do with some help from you.

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This rant will only be in this post, I promise to shut up after that.  The expression "to give a hand" means precisely that.  The person in difficulty is doing everything they can to help themselves, and others chip in.  Yet incredibly we have someone who caused this mess by ignoring a Letter of Claim and throwing the paperwork away, and the regulars are here trying to sort out his mess, you're here chinoky, fro who has their own difficult case kindly posted and tried to help, yet the person in legal dispute refuses to move their little finger,.

The defence should have included a paragraph about the excessive interest they are claiming, but Mr Absent has seen to that.

On their thread, fro has posted that their' solicitors promised to get the CPR documents from the fleecers - but haven't done so, after three weeks.  So the next step is to SAR Highview (not DCBL) and recover the binned paperwork.  So tomorrow his little job is to print the SAR, invest in a 2nd class stamp and get a free Certificate of Posting from the post office.

Let's be crystal clear that if the SAR reply is posted here by you chinoky, rather than the person in legal dispute, then several of the regulars will just stop contributing to the thread.

 

 

.

 

We could do with some help from you.

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