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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  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 further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 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. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • 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.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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sam78 V's Abbey***WON***


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Hi, Not a new phenomenon. But think of it this way. It's one thing for Abbey to ignore written Directions (ie to submit a Bundle which they never do), and quite another for the Judge to haul them in, tell them face-to-face, and then ignore him. I expect that's why they caved in here :

http://www.consumeractiongroup.co.uk/forum/abbey-bank/49118-steward-abbey-help-please-2.html?highlight=directions+hearing#post589791

http://www.consumeractiongroup.co.uk/forum/abbey-bank/3829-eyeballto-abbey-5.html?highlight=directions+hearing#post576517

and this ones still running :

http://www.consumeractiongroup.co.uk/forum/abbey-bank/51919-what-will-abbey-do.html?highlight=directions+hearing#post518258

I think it's good news for you my old son - no need for a Court Bundle perhaps. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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I think I'll give the courts a call tomorrow to see if they can advise of any documents I'll need to take. The letter I received is below:

 

'TAKE NOTICE that the DIRECTIONS HEARING will take place on 2 May 2007 and 3pm at Burnley County Court etc

When you should attend

10 MINUTES has been allocated for the DIRECTIONS HEARING

 

Cases are listed in accordance with local hearing arrangments determined by the Judiciary and implemented by court staff. Every effort is made to ensure that hearings start either at the time specified or as soon as possible thereafter. However, listing practices or other factors may mean that delay is unavoidable. Furthermore, in some instances a case may be released to another judge, possibly at a different court. Please contact the court for further information on the listing arrangements that may apply to your hearing.'

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I think that you will find that they will be contacting you in the next few weeks, which makes your negotiating postition that bit stronger, what i would do now if it was me would be to wait, don't contact them anymore and if you havnt started getting your court bundle ready, I would be making a start, take account of all the time that it takes, the average time is about 20 hours, when Abbey finally contact you to try and negotiate settlement, you can ask for £9.25 per hour.

 

 

p.s. if you get it done soon and copy it to Abbey and they court, I think that you will get settlement a lot quicker :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thanks Lula. Have the abbey showed up to one of these hearings yet, and if so what has been the outcome?

I'll sit back and wait now. M y court bundle is printed, I need to photocopy and index and update settled cases and then it's ready for posting. Another 28 days of interest if they don't settle beforehand I suppose.

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Clicked your scales and rated you - you are a guiding light Sam! You have been so elloquent (word perfect) in all your correspondence with the Shhhabbey and the court.. And your posts are most helpful!

 

I submitted N1 to Burnley County Court on 28th March they have till 13th April to reply / submit defense...

 

Go for it M8!!! - were right behind you watching with bated breath!;)

 

Maz

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Cheers, glad I can be of help. Shabbey will put in their defence at the last minute, thats almost guaranteed. Burnley County Court seem to be on the ball with paperwork etc so everything should run pretty smooth - from a court point of view.

 

Has anyone had this kind of hearing and if so, what was the outcome?

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Sam - my first claim with abbey was settled before the directions hearing.

 

Jackie

Abbey: Settled - now for no. 2

Dudley Building Society : claim dismissed - no costs

London Scottish: settled in full :oops:

Capital One - settled in full :p

 

"Energy and persistence conquer all things" Benjamin Franklin

 

Any advice, information and thoughts given by me are just my humble opinion

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I've read through quite a few threads but am still unclear as to what is likely to happen. Has anyone got any experience of a directions hearing or can you suggest any other threads that may be of use?

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Hi Sam all very straightforward really. The best preparation is to turn up with the draft directions printed out for the judge. The judge should agree to these and Abbey wont turn up anyway so that kind of forces the hand as to accepting them. I would suggest that you don't remind abbey about the hearing though as I did and theyposted their directions...which were the same as mine anyway but if they fail o attend or contact the court its another nail to speed things up. I turned up at the courts and saw the judge in a small room across a desk. Quite informal and the judge was reasonably chatty. Nothing to be frightened of and was a bit of an anticlimax in all honesty. Over and done with in a breath.

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Thanks for pointing me in that direction - this looks very useful and I'll send a copy of the letter to the courts that was featured in the thread. Mine is only a 10 minute hearing - perhaps my local court is event busier!

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Hi,

Just a quick update. I decided against sending the letter to the court, I will just turn up for the hearing with a copy of my draft directions.

 

I have, in the meantime, printed and copied by court bundle, which i intend to send to the abbey once completely complied.

 

Does anyone have a list of up to date settled cases against the abbey that I can put in my bundle?

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Great, thanks for your help. I think I'll add a case summary too - still quite a lot to do. No final hearing date though so no rush for these documents to be in. Do you think it would be a good idea to take the bundle along to the directions hearing or wait until I get a final hearing date?

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Hello Sam

 

There does'nt seem much point, just for a directions hearing. You may as well worry about the court bundle when you get a proper hearing date, maybe just start preparing for it!

 

See noobriders thread below, from post #108:

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey-6.html

 

 

Phil:)

This is only my personal, honest opinion!

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:confused: Hi ok ok know I must seem thick but where computers are concerned I am. Please could somebody tell me how I start a thread .

Ive posted a few times but I'm sure i'm doing it all wrong.Sorry to sound so stupid but I please could somebody take pity on me and HELP.

The mind goes once you reach a certain age you know. Well thats my excuse and i'm sticking to it

Thanks:oops:

30-12-2006--Requested statements from Local Halifax.

02-02-2007--Statements Recieved.

18-04-2007--Prelim sent.

20-04-2007--Reply , Thanks , give us 8wks letter.

02-0502007--Sent L.B.A. & Schedule of Charges

11-05-2007--Recieved reply ,still investigating.

17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.

14-06-2007--Received standard Bog Off letter.

13-06-2007--Took N1 to Local Courts.

26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007

Have till 09-07-2007 to file Defence.

05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.

Have 28 days from date of Service to File Defence.

07-07-2007--Offer from Halifax.

09-07-2007--Rejection letter sent to Halifax. Next day delivery.

10-07-2007--Money put in Account:mad:

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Thanks phil, just getting it all ready as I haven't had much contact from the abbey and I want to get it out as soon as I get a full hearing date.

 

overflow - to start your own thread u need to go to the bottom of the abbey page and there is a button for new threads - good luck

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:confused: Hi ok ok know I must seem thick but where computers are concerned I am. Please could somebody tell me how I start a thread .

Ive posted a few times but I'm sure i'm doing it all wrong.Sorry to sound so stupid but I please could somebody take pity on me and HELP.

The mind goes once you reach a certain age you know. Well thats my excuse and i'm sticking to it

Thanks:oops:

 

Hello Overflow

 

Go to the link below, it takes you to the Abbey Bank forum.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/

 

In between the 'Sub-Forum' section and 'Threads in Forum' section, you'll find a tab 'New Thread'. Click on this and it will direct you to starting your very own thread!

 

Phil:)

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This is only my personal, honest opinion!

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