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    • Hi all my wife has today been accused of shoplifting a few weeks ago at John Lewis. Police called today and said an allegation has been made after viewing cctv. My wife has been invited in for interview to clear things up (there words) I asked how her how they knew how to find her, she admitted she had been caught before in Waitrose in 2018 and banned from them and JL. I can’t begin to tell you how shocked I am but I need to support her and don’t know where to turn. She has confessed to me that she has stolen the odd thing over the past year from JL and is now worried that they will look back and charge here for stealing all the items. The police say the allegation is for two small items of clothing. My wife of 40yrs  I know like the back of my hand has been through hell and has lost all her family over the past few years, she has serious health issues and is on strong medication. I can only put this down to this being a big factor. I really need to know what to do to help her, if she admits,  will it be dealt with on the spot or will courts be involved. Should she seek immediate legal advice or see the solicitor at the police station(that’s what they have offered) Any advice would be greatly appreciated, thanks for reading and I hope it’s easy to understand 
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Parking Eye ANPR PCN Petrol Station PAPLOC now claimform - overstay - Welcome Break Leicester Forest East (North)


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no they did not .....you only ignore until/unless you ever get a letter of claim

if you'd read up too you would of seen this in every one of the other 10'000+ speculative invoice threads here 

now move on 

get that q&A sticky done 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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We would really like to help but if you are going to say that the advice just quoted to you in B&W from your own thread somehow never happened ... well, there is very little we can do.

Anyway, let's be positive.  Fill in the sticky as dx asked.

 

We could do with some help from you.

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I see you have a previous parking invoice thread for a case in Cornwall where, like here, it was pointed out to you that you needed to reply at Letter of Claim stage, and more importantly why -

If you ignore a Letter Before Action the they generally think you might ignore a claim form too and so they would get an easy default judgement.

- and in fact you replied to the LoC and avoided the court claim.

TBH I can't be bothered with you any more as you ignore advice and then pretend you never received the advice.  You're on your own  👋  Unsubscribing from thread.                                                                                                                                                                                                                                                                                                                           

We could do with some help from you.

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OK, relenting on my above irritated post ...

It's worth defending it.  At the very least they are likely to offer a deal.

Plus  PE have added two completely invented amounts.  The £100 charge has morphed into £125.  Then they've added £50 legal representative's costs although they have no legal representative.  Even if it went all the way to court and you lost, the  judge would likely disallow the made up £25 + £50.

Please fill in the sticky as dx asked.

Then dx will be on with details of how to defend.

  • Like 2

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

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Which Court have you received the claim from ? Civil National Business Centre

Name of the Claimant :           PARKINGEYE LTD

Claimants Solicitors: 

Date of issue – 22 April 2024

Date for AOS - 10 May 2024

Date to submit Defence - 24 May 2024

What is the claim for  

1. Claim for monies outstanding from the Defendant in relation to a Parking charge (reference *************) issued on 22/01/2024. 

2. The signage clearly displayed throughout Welcome Break Leicester Forest East (North), Northbound, M1, Jct 21/21a, Leicester Forest, Leicester, LE3 3GB states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including the payment of parking tariffs, by which those who park agree to be bound (the contract). 

3. ParkingEye's ANPR system captured vehicle ******* entering and leaving the site on 16/01/2024, and parking without paying to park and parking tariffs apply after a free stay period. 

4. Pursuant to Sch 4 of the Protection of Freedoms Act 2012, notice has been given to the registered keeper, making them liable for the Parking Charge payable upon breach.

What is the value of the claim? 100.00 ?

Amount Claimed 125.00

court fees 35.00

legal rep fees 50.00 

Total Amount 210.00

Have you moved since the issuance of the PCN? No

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Y dated 10 March 2024, no reply

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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.

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 01/05/2024 at 21:45, nomoremoney said:

Date to submit Defence - 24 May 2024

 

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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I thought you had missed the defence part and now only the Witness Statement is due.

That should give them a surprise when they see the keeper was not the driver, they do not know who was driving and their PCN does not comply with the Act.

Oh dear I hope PE haven't started counting their chickens.😆

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Just to check one thing before filing the defence.

They have no legal representative - right?

I'm referring to the two "boxes" on the top left-hand side of the claim form.  Both show Parking Eye, right?

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

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OK, good.

So click on  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/

Scroll down to  Q2) How should I defend?

There you will find the template defence.

Change (6) to (7) and add a new (6).

6.  In a second abuse of process, the Claimant is claiming legal representative's costs even though they have no legal representative and in fact are representing themselves.

When you want file the defence on MCOL.

You can do it this evening if you want, but we generally say to do it a few days before the deadline (24 May) to ensure nothing goes wrong at the last minute but at the same time to show PE you're not scared of them and want them to sweat.

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

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  • 2 weeks later...

Hi guys I'm about to submit the defence as per below

 

Quote

The Defendant contends that the particulars of claim are vague and 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.  The Defendant is the recorded keeper of *******.

 

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 second abuse of process, the Claimant is claiming legal representative's costs even though they have no legal representative and in fact are representing themselves.


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.

 

There has been no reply to our CPR 31:14 request.  Is it worth adding that I (driver, not registered keeper) didn't actually enter or park in the car park and was sat at the petrol station forecourt the entire time?  Or is that covered by the simple points?

 

Thanks

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good to go as is

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

  • 4 weeks later...

This is a little strange.

Please pop onto MCOL, copy the claim history and paste it here.

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

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A claim was issued against you on 22/04/2024

Your acknowledgment of service was submitted on 06/05/2024 at 13:28:08

Your acknowledgment of service was received on 07/05/2024 at 01:05:18

Your defence was submitted on 23/05/2024 at 21:20:03

Your defence was received on 24/05/2024 at 08:05:43

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Right,  so the court hasn't send out the Directions Questionnaires/N180s yet.

PE's one is a false one, meant to intimidate you into thinking your defence was rubbish and they are confident with their claim.

This is par for the course.  The PPCs do this regularly.

However, PE have gone further and written that "a copy has also been filed with the court" which is a lie as the court haven't even sent out the papers yet.

Keep a screenshot of MCOL, later on in your WS you can draw attention to their lying and abuse of court procedure.

If you've got time on your hands, then complain to the BPA about one of their members lying.

 

 

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

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