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    • 1 Date of the infringement 29th May 2023 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 2nd June 2023 PDF scan done Redacted and Attached 3 Date received 8th June 2023 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No, not directly but has some wording about transfer to keeper 5 Is there any photographic evidence of the event? Yes, Entry and Exit times 6 Have you appealed? [Y/N?] post up your appeal] Yes, Panicked thinking JustPark had not updated Alliance with payment details HOWEVER not revealed the driver id Have you had a response? [Y/N?] post it up I think so (very brief email, saying appeal failed, due to OVERSTAY of 17min) 7 Who is the parking company? Alliance Parking 8. Where exactly [carpark name and town] Harlyn Bay, Cornwall For either option, does it say which appeals body they operate under. IAS   This PCN is similar to @Kahunaburger in that it was a bank holiday weekend and car park was rammed. It was a very hot day, and we were first time parkers in this car park (not knowing the Alliance ANPR Scam in play). We entered the car park looking for our friends who were 2 mins ahead of us. As the car park was in overspill mode there were 2 other fields open and after doing a circuit gave up looking and after a few more mins trying to find a space parked up on the grass at the top of the field. N.B. There were no signs anywhere near us. We had to unload the kids, dog and beach bags etc .. and most importantly water the dog as he was so hot. Then made our way across the fields to the parking machine. As it was so busy there was a big queue, so attempted to book with justpark (which took an age getting a signal). Eventually paying for 4 hours. Upon leaving we were notified by Justpark that our time was up so proceeded to make our way back to the car, and within 6min had left the car park. So it was 11min to make the booking on JustPark and 6min after our 4hr time was up.   On 5th May 2024 we got a Letter of Claim and decided to post up here .. As for next steps, we guess from others post on this forum we understand we need to write a "Snotty Letter" with a few key points. Has anyone got best advice? otherwise we'll cobble something together from others posts. AllianceParkingScam-NTK+LOC-Jun23.pdf  
    • The return to principles-based regulation? Eric Leenders on Consumer Duty, AI and the wider economyView the full article
    • Hi, New to the forums (but can see I will become active). I recenttly changed fixed line/broadband suppliers. They are not that cheaper than my incumbents were. However, I foudn out their service levels for technical support are woefully inadequate. Basically business hours Monday to Friday and Saturday morning. I had an issue where I lost all aserve (phone and broadband) on Sat eve and they did not pic up the ticket untiul this morning 9am (Monday), and they say between 24 and 48 hours before will get in touch. So, between 2.5 and 3.5 days I will be without service - add a day if this happened on a bank holiday weekend. I purchased it online from a reputable comparison/switch site, and there was nothing to indicate such poort SLAs, nor easily found on the web site of the provider. In fact, their out of hours recorded telephone message states that one can get support 24 hours on their website, which turns out to be their FAQs. I will go through ther T&Cs foresincally, however, assuming they contain the service level agreement (buried in there at section 10, it looks like), do I have any rights. I would like to void the contract without having to pay it out because they do not meet the standards one would (or shoudl) expect of a Telco without making it obvious before purchasing. I know there is a 14 day cooling off period, but, especially with the reliance on broadband (and the fact I live in a rural area, so the alternative of mobile boradband is not practical), there would be an obligation for the supplier to be very clear of the SLA?   I know I can try an OFCOM ombudsman, but would like to understand my legal standing before I try.   Kind regards, JA  
    • Because it's 5pm. My case is tomorrow morning. I'd be lucky if they take it now....so I'll probably still have to change it.... Here is that page that was missing.  If there is any other way I can help please let me know. Super grateful for the help I received! Do you know if I must send my Witness statement to the other party as well or just to the court? THanks! FIRST PAGE OF WITNESS STATEMENT.pdf
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      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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Winderbray/JCF PM/PCB Lawers Claimform - Service charge arrears - Refused Payment Plan - Now N244 for SJ+Strike Out.


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Just because they intend to make an application doesn't mean they'll get it.
 

We could do with some help from you.

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Ok understood.

I will post up if anything comes in the post next week. 

In the meantime is there anything that we need to do / prepare ?

Our next deadline is 16th May.

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you should hear from the court with an allocation to track and what the next steps are.

We could do with some help from you.

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Even the solicitors admit they haven't complied with the pre-action protocol.

I don't think the defence for non-compliance being "The defendant knows what the case is about" will wash.
 

The likelihood of them getting a summary judgement without complying to pre-action protocols (and admitting as such) is very low.

Looks like they're happy for mediation also.

 

We could do with some help from you.

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I will provide an update once I receive any further letters regarding application for SJ, and will post up any redacted version.

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Today we received a copy of the claimants N244 application for Summary Judgement. I have uploaded a redacted copy.

Outstanding amount is wrong as mentioned before and no mention about the incorrectly caculated and duplicated interest under section 69 within the PoC mentioned in our defence.

Looks like they want our defence struck out.

The claimants solicitor asks us to acknowledge safe receipt.

The envelope was already open when it arrived (I guess was not stuck down properly).

N244 application for summary judgement.pdf

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we also need aLL the exhibits too. please.

you dont respond to them no.

thread title updated.

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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  • dx100uk changed the title to Winderbray/JCF PM/PCB Lawers Claimform - Service charge arrears - Refused Payment Plan - Now N244 for SJ+Strike Out.

Of course they want your defence struck out, you're causing them a problem and making them do actual work! These solicitors (across the industry) don't actually expect you to defend and their entire timescales sold to their clients don't even mention if someone defends a claim. It's why they think they don't have to abide by the Pre Action Protocols etc 

I agree with dx that you don't respond.

Your arguments in mediation and witness statements will be that you offered a reasonable and costed payment plan to clear the arrears and it was refused. You're also not sure that the correct procedure (re: Section 20 notices) were correctly followed and that the claimants solicitors refused to provide any details of this.

We could do with some help from you.

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There'll still be a court hearing for a summary judgment, it'll just be a lot simpler.

You'll also both have to put your positions to the court which may be an advantage if summary judgment is denied.

However they're yet to send an N244 form and actually make the application (which will need to include the named exhibits) so nothing more than bluster to throw you off at this stage.

Is that all that was in the bundle, was there no court application forms etc?

We could do with some help from you.

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That changes things.

You'll likely have to write to the court objecting to the application.

You'll have to start drafting a Witness Statement. We'll need to make sure it shows that the issues are complex enough that it's obvious that it can't be decided in a summary judgment hearing.

The courts will be able to confirm this, obviously don't respond to the solicitor.

@AndyOrch will likely be able to advise on nitty gritty details for the courts.

We could do with some help from you.

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Ok understood.

I will probably need help with this please.

I am just about to go to work so might not be abld to go online again until later or tomorrow.

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your witness statement will be your detailed defence.

Similar points to what you said in your defence but you'll need to reference evidence (exhibits) and go in to A LOT more detail.

Start drafting one up and we can help you tweak it etc.

You've got plenty time yet :)

We could do with some help from you.

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When you get chance a copy of the draft order attached to n244.

Have they not attached a WS in support of their Application ?

Andy

We could do with some help from you.

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I will read up on Witness Statements this week and look at some examples to understand the structure.

I will attempt to draft one over the weekend but would appreciate any help or guidance.

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Hoping to start working on this today.I think I still have plenty of time ?

Nothing further has been received in the post yet.

Unfortunately my mother had a fall on Friday so had to be with her over the weekend but coming home later.

Have been looking at Witness Statement examples but can't find any examples similar to our situation.

I will post something up as soon as I can but might be a bit delayed.

Appreciate any help and guidance.

 

 

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Use the initial defence as a basis.

Go into much more detail about them and include examples and provide evidence re:

failing to issue PAPLOC/abide by PAP (By their admission on directions questionnaire)

abuse of court process by double charging interest

how the arrears were built up (Multiple Major Works in a short period, not sure if S20 was followed etc)

refusal of a payment plan

without admission of liability, payments were still being made

they've been unwilling to prove their allegation that the money was owed and instead wish to strike out your defence.

Essentially you want to argue why the court claim should never have been raised in the first place, or at least that the issues are so complex that it can't be decided via summary judgment.

We could do with some help from you.

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Hi Lolerz

Many thanks for your guidance. That gives me a base to work on.

In terms of time we still have plenty ?

I want to spend a bit of time on this ove the coming days.

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