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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
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Highview/DCB(L) ANPR PCN - Letter of Claim - Now Claimform - overstay - Riverside Retail Park in Norwich, Norfolk.


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Hi Dave,

I must admit I didn't end up sending a letter to the retail park but that's OK, I'm not bothered about getting it cancelled,

I really don't mind my day in court, I've been busy reading up on various acts and other sources, some fascinating stuff,

I'm not going to mention anything here at the moment in case they have spies but I think they may be doing something that doesn't comply with the relevant laws and/or guidelines at Riverside,

I don't want to give them any ammo or chance to rectify their mistakes.

I must also say that after spending time reading here I have great admiration for all the forum helpers who help everyone with their incredible knowledge on these legal matters.

Thank you to all of you.

I will post up my redacted Claim Form shortly.

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too late now to bother hiding stuff and it doesnt matter if they read here at all. cant hurt you.

please dont play secret squirrel

it always ends up in tears as OP's rely on stuff that has little or no real bearing to the judge.

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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  • dx100uk changed the title to Highview/DCB(L) ANPR PCN - Letter of Claim - Now Claimform - overstay - Riverside Retail Park in Norwich, Norfolk.

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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yes please complete the sticky Q&A so we dont have to keep opening a PDF to find answers to important questions CAG members need to guide you.

keeping things on thread might stop you having to bother researching as its all been done before 100's of times here.

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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Ah OK, I will work through it and get it posted up shortly.

I read somewhere else that these PPC's can get things done retrospectively and manage to thwart a defense by doing so, that was all.

 

Cheers.

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The Land owners are Nuveen Real Estate , a large American property investment company.

The UK director is  [email protected] and his surname is Sales he s not the Sales director.

You will have to specify the car park as he has probably never heard of Norwich [or Knarritch as the local call it].

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nope. shows where you've been reading up then...though so:eyebrows:

cag does not recommend filling any defence that plays any of your cards

thats not till WS stage if it ever goes that far.

when you've done the sticky, scroll down on it further and you'll see the defence section.

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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Yes, I read that, that's what prompted me to think of not mentioning it here yet.

This is what I was referring to earlier, seems credible, if anyone was interested: (although I don't want to stray of topic :) )

At the final hearing in 2016 at the Bolton County Court we relied, you might think unwisely, on a defence that the signage was illegal. 

ParkingEye’s Claims Handler, David Greenbank, although not attending the hearing, had submitted a Skeleton Argument containing a claim that they had been granted planning permission for the signs retrospectively.

The judge found in favour of ParkingEye and anyway we had run out of time and he was anxious to move on to the next case (back-to-back parking cases). 

We had evidence to prove our case, but weren’t allowed to present it.

 

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Well done for boning up on Schedule 4 .

I expect you understand the point I was making about not inviting the keeper to pay the charge.

At the start of Section 9 the wording includes the word "must" which is a very important word legally.

It means that Highview have to include all the requirements stated in that section or subsection. If it's missed out the PCN does not comply with the Act and the keeper cannot be held liable to pay.

You have to make allowances for them .

The Act has only been in force since 2012 so it will take them a few more years yet before they get it right.

But it does emphasise the comprehension level of who you are dealing with.

Their solicitors are a tad below that level so most of your snotty letter will doubtless go over their heads.

But the Judge will appreciate the humour. if it gets that far. Probably the irony too of the solicitor getting some legal information that they are unaware of.

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Posted (edited)

Which Court have you received the claim from ? CIVIL NATIONAL BUSINESS CENTRE

Name of the Claimant ?  HIGHVIEW PARKING LIMITED

How many defendant's Joint or Self? SELF

Date of issue –  11 APR 2024

 

Particulars of Claim
 

  1. The Defendant (D) is indebted to the Claimant (C) for a parking charge(s) issued to vehicle xxxx xxx at Riverside Retail Park A.

  2. The PCN(S) were issued on 08/08/2023

  3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Vehicle Remained On Private Property in Breach Of The Prominently displayed Terms And Conditions.

  4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

    AND THE CLAIMANT CLAIMS

  1. £140 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 £.02 until judgement or sooner payment.

  3. Costs and court fees

What is the total value of the claim?  £231.51

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Letter of Claim dated 12 Feb 2024

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  NO

....................

Lol!

Yes, lookinforinfo,  I picked up on the word "Must" ....

As you say, they have not done what they legally "Must" do :)

I'm going to buy the Dummies Guide to Law and see if DCB(L) will give me a job :)

I'm also looking forward to CPR 27.1(1)(b)   :)

Edited by anotheruser0000
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Posted (edited)

I wouldn't bother reading the Dummies book you are already overqualified to work there. And you have now gone over their heads again quoting CPR. As far as they know that is to do with resuscitation.

They  still don't know that the PCN is non compliant!!

Edited by lookinforinfo
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Posted (edited)

yes he is.

You want to get that done as quick as possible so in any case their deadline to respond is before your defence filing deadline

Edited by jk2054

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you today?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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12 minutes ago, anotheruser0000 said:

CPR 27.1(1)(b)

:???:

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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CPR 31.14 drafted,

a question though, why is there a copyright? symbol next to CPR 31.15?

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

Also, can I add ANPR CCTV cameras to point 2. T&C Planning 2007 or will etc suffice?

I have decided that I'm also going to make a complaint to the Land Owner,

thanks  lookinforinfo for land owner details.

 

.

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typo just remove it

dont expect them to comply and dont wait for them to do so.

file our bland defence on time on mcol regardless

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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OK, thanks, I won't wait for them.

On a side note, some of the posts on here are a bit frustrating, I read through five pages or so of someone going through the court process rooting for them as I'm reading, then nothing, not heard of again.

Left here wondering what the outcome was, lol!

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yep sadly thats how people treat us after giving free advise...

 

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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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OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through.

Although you never know the reason so all I can say is I hope the OP is alive and well regardless.

I'd relish the chance to do them for that if they breached my GDPR.

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Hi All,

I know we are supposed to file the standard defence but I was thinking of adding the following to see if it would deter DCBL from continuing as this point I believe is irrefutable?

7. In any case, the alleged period of overstay falls within the consideration and grace periods outlined in government legislation and the governing body code of practice and therefore cannot be considered to be in breach of any terms and conditions set forth by the claimant.

What do you think?

 

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