Jump to content


  • Tweets

  • Posts

    • Block and bounce back all emails.   Block any text messages  Ignore any letters unless it's: - a Statutory Demand - a Letter Of Claim - a Court Claimform via Northants bulk.  
    • Dave if I run you by a different analogy.  Imagine you are doing 45 mph down Park Lane and a police car has clocked you doing that. When you get the Notice of Intended Prosecution they claim you were speeding in Piccadilly. So although you were speeding you weren't speeding in Piccadilly. Result -case would be thrown out. Same thing here. The contract refers to an area in Ruislip with a postcode  of HA4 OFY. On every  pcn  they have put the car in HA4 OEY. I admit that they have the correct postcode on the claimform but the car cannot be in two places at once. By pursuing Rocky on the wrong postcode means they had no reasonable cause to ask the DVLA for his details.Met does not have a contract to issue PCNs in that postcode. It is not desperation though it would be embarrassing for Met in Court and the case should be thrown out. The NTD can say whatever it wants but the NTK fails to specify the parking period and fails to ask the driver to pay S9[2][b] so that PCN does not comply with the Act so only the driver liable. And times on the photographs on the PCN are just that. Times on a photograph not on the PCN as stated in the Act.   Your strongest point is the PCN [the NTK ] is not compliant and as you were not the driver you are not liable so should go first.  Not only is it not compliant but the postcode on the NTK is different from the one on the Claim form. If the one on the NTK was wrong then Met have breached Rocky's GDPR since they had no reasonable cause to contact the DVLA as they did not have a contract  that covered that postcode and so misled the DVLA. That should be sufficient to win.  With regards to their WS sometimes the rogues leave it till the last moment to send to prevent Defendants being able to respond to what has been said. So don't send your WS until the last day. If theirs hasn't arrived by then add to your WS that their WS not received and ask that it be ignored.If it does arrive in time, then you can still amend your WS to answer any of their spurious points. As a lay person you will be granted a days latitude at least. PS do not foret to include S9[2][b] in your WS
    • Quote of the day “Head in hands and reviewing how useful my contact book will be in five weeks' time.” a Tory lobbyist, who’s not doing so good - Marie Le Conte
    • Another email ( they are coming thick and fast now) - slightly more threatening, telling me how great they are for trying to help me find a solution and how bad i am for ignoring them.     
    • I also started getting OTPs to a mobile number that I since have had to change after 10 years in case it was compromised.  The only card that I had provided to Lyca was a virtual card that they had stored for payment processing.   TLDR - Lyca are claiming no breach, there is definitely a breach. ICO are useless and havent heard from Lyca.   
  • Recommended Topics

  • 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
  • Recommended Topics

MET ANPR PCN Claimform - overstay - ignored everything - (346) SOUTHGATE PARK STANSTED CM24 1PY ***Claim Discontinued***


Recommended Posts

usually...that is if they decide to go fwd, and the claim doesnt get autostayed...(2-3mts..start cheering)

but you need to get reading a good few pcn claimform threads.

about 20+ a day then you'll know everything

we dont nursemaid esp as now you are in a down period .

CAG are predominantly self help

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... 

Link to post
Share on other sites

If you read this short thread you will see all the stage of the court procedure and will be able to see what comes next  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments

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

Hi there

Merry Xmas to everyone involved hope you had a good one .

Now back to real life .

I have send CPR to solicitors I guess I have to file the defence

I have about a week until next Friday .

Is that something you can help me with as you said earlier my case is slightly different as it was overstayed .

Is there also a template ? 

Edited by dx100uk
unnecessary previous post quote removed
Link to post
Share on other sites

thank you . I missed that link initially

it’s a great text and there is a template that’s correct .

If I was to use that template and point all 6 key things / points am I allowed to do it?

Will I not be just another person who send exactly same defence to court ?

Or is common that a lot of ppl just use same lines for defence. 

Edited by dx100uk
unnecessary previous post quote removed
Link to post
Share on other sites

It's common for claimants and defendants in cases which are very similar to post almost identical Particulars of Claim and defences.

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

its a generic default coverall bland defence .

so file it.

up to you most of us are here late always.

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... 

Link to post
Share on other sites

Good to know thank you . I usually go sleep around 3am lol 

A lot of it overwhelms me a bit I hope o won’t crumble lol if it gets to WS or the actual hearing though 

Edited by dx100uk
unnecessary previous post quote removed
Link to post
Share on other sites

just type no need to keep hitting quote......

makes a topic twice as long as very diff to find replies on phone screens.

 

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... 

Link to post
Share on other sites

Hi Back from work finally.

Just to reassure myself a bit

can I pretty much use default defence template highlighting them 6 key points .

Now do I print and post to that Civil National Business centre or email .

Is that template ok on my overstayed PCN ?

I guess in Stansted it’s always same case and same defence ??

Isn’t? 

Link to post
Share on other sites

simply copy and paste the generic defend into mcol after hitting file a defence

you are NOT counterclaiming .

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... 

Link to post
Share on other sites

 

1.  It is admitted that Defendant is the recorded keeper of [motor vehicle].

 

2.   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.  Accordingly, it is denied that the Claimant has authority to bring this claim.  The proper claimant is the landowner

 

3.  It is denied that the Defendant breached any terms and conditions set on private land.

 

4.  It is denied that the Defendant entered into a contract with the Claimant, or broke any such contract.

 

5.  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.
 

 

 

Is that ok to send as defence in my case ? Whether I was overstayed it makes no difference right as my line of defence is against landowner ? Also in point 1 do I put make model and reg number ? Or just make and model 

 

thanks and Happy new year by the way 

Link to post
Share on other sites

That's fine.

You will be able to flesh all this out and make the arguments specific to your case later on in your Witness Statement.

Just the registration number in (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

Not really.

Probably the 6th is about right.  Not at the last minute just in case there are hiccups.  But near the deadline so you show MET you're not scared and are in control of the situation.

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

Hello guys 

just finishing MCOL defence and on page 5out of 7 asks for additional details. Do I provide my phone number or email to court or should just leave it blank as obviously they have my address and name 

thanks 

Link to post
Share on other sites

yes

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

no you always PUT your full details on MCOL or on anything to the court.

its only when you send stuff like the N180 you omit those on the copy YOU send to the opposition...

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

Well it’s too late now . They have my name address and DOB . It did say additional details on form like phone number and email but it was not mandatory so I left it . I guess they have to contact me by post if anything now right? 
 

„lostthebrick”  you did the same isn’t ? 

Link to post
Share on other sites

Well I guess it’s gonna be waiting game for both of us .

As others mentioned earlier it takes court about 2-3 months for next step right?

I wonder if I am foreign originally can I request on the actual hearing a translator?

Does anyone know what is the law about it.

I haven’t got a problem writing but when it comes to a physical hearing obviously I would feel more comfortable and confident with a translator. Hey ho . Why not ? That’s what I thought 

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...