Jump to content


  • Tweets

  • Posts

    • well you've been here for +2yrs.  CAG is also selfhelp. so a good read of a good few threads in the debt selfhelp forum here wouldn't go amiss then you'd know all these things and not keep not understanding and worrying. dx  
    • 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.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  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 [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/  type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thanks Andy,  Just need guidance on which boxes (i.e am I disputing the debt, if so why) etc.  Also, do we still need to pay £1 for the copy of the CCA, or can I request it as part of sending in the reply form? Cheers
    • @HP Mum - you've been here a long time and you have certainly been here long enough to know that we regularly ask people to avoid posting solid blocks of text because it makes it very difficult for the site team to engage and also other people who might be interested in what you have to say or maybe even give advice themselves. It's especially difficult using small screens such as telephones and telephone screens are more and more commonly used nowadays. When solid blocks of text are posted by new people, we figure they don't know any better and so we go in and edit the block and introduce proper spacing and punctuation and asked them to avoid doing in future. However you are a seasoned Cagger Your solid block of text is very long and to add to the difficulty, you have used the smaller font. I'm going to remove your post and if you want to post again then please would you bear in mind the interests of the people who are reading and who want to help you. Thank you
    • USe ours not theirs. https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126   Andy
  • 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

Parking Eye ANPR PCN Petrol Station PAPLOC now claimform - overstay - Welcome Break Leicester Forest East (North)


Recommended Posts

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... 

Link to post
Share on other sites

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.

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

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.

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

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

 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

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

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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.😆

  • Like 1
Link to post
Share on other sites

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

 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

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

Link to post
Share on other sites

  • 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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

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...