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    • 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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Need help with court forms, please, anyone


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Hi everyone

 

I need some help with the Form 1 and b1, what goes in this section, I know I read it somewhere but can't find it now.

 

This is the part of the "Summary Cause Summons" that asks "Claim (form of decree or other order sought) and is section 4

 

Would I just put "Repayment or bank charges" or does it have to be a little more specific.

 

If anyone knows a standard reply to this please let me know?

 

I could also use some help on section 7 - "STATE DETAILS OF CLAIM HERE (all cases) and PARTICULARS OF ARRESTMENT (furthcoming actions only)

 

Don't want to mess this up by putting in the wrong info.

 

Please note that I am splitting a £5128 claim into smaller claims.

 

This is the step I have been dreading but as it says don't threaten court action if you are not sure if you want to proceed, I want to go the rest of the way.

 

HELP

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Hi there,

 

Go and have a look at the Guidance Notes section under Scottish Procedures if you are in Scotland. It is very handy, although I've completed my forms to the word and the Sheriff Court has returned mine today with regard to "Box 4" So I'm seeking advice on my wife's threat MelanieGB vs BoS.

 

Keep checking back on our threat in case someone comes up with some advice.

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Hi Vagabond

 

Thank you for the response and help, I have had a look and they look fine to use but I am a bit concerned now about Box 4.

 

If you used the words on this webpage why did they send your form back to you?

 

This part is really difficult, everything up until now was pretty straight forward because there is plenty of info on this and other websites but get to the going to court part and there doesn't seem to be much help.

 

Thanks again for your help

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Hi, Squeekyclean,

 

In Box 4 Claim(form of decree or other order sought)

Put: 1. The persuer claims from the defender the sum of £xxxxx

2. £xxx Interest from xx/xx/19xx to xx/xx/20xx

3. plus the expenses of bringing the action.

 

Section 7. takes a bit of time for me to type out. I'll try and get back to you soon.

 

Hope this helps.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

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Hi maroondivo52

 

Thank you for the help, been on other websites for days without a reply.

 

Do you think that is why the court returned Vagabond's form, because he didn't calculate the interest and state how much it was?

I though that the interest would be calculated at the time of payment from the bank as it could take a bit of time to pay out, maybe I'm wrong.

 

I did have a look at the template thingy for the form and was a bit put off by the length as I need to make three claims and would have to write this out six times, would printing it out and signing it be the same or does it have to be writen?

 

Thanks in advance

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Hey Squeeky,

 

I've handed my court papers in and here are the changes I was told to make :-

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/44970-killbi11-bank-scotland.html

 

KB

Bank of Scotland (In Scotland)

 

S.A.R. sent - 03/11/06

Statements received - 30/11/06

Prelim Letter sent - 04/12/06

LBA Sent - 09/01/07

1st claim filed at Sheriff Court (£720+int) - 01/02/07

1st Claim settled by BoS (£1037) - 17/04/07

2nd Claim filed at Sheriff Court (£735+int) - 11/05/07

2nd Claim settled by BoS (£977) - 13/06/07

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Hi Squeeky,

 

have you now filled out everything you needed?

 

If not, simply write as your claim in box 4:

 

"To grant decree against the defenders for payment to the pursuer of the sum of (for example) ONE THOUSAND POUNDS (£1,000) STERLING plus interest at the rate of 8% annually from the date of service until payment, together with the expenses of the action."

 

For box 7, this where you have to submit the details of your particular charges and the basis for your claim, ie, the illegality of the charges. It is quite competent for you to submit a "Statement of Claim" to attach to the summons which is in a style I can forward you as the space to fill in box 7 is limited.

 

hope this helps

S.A.R sent (RD) - 14/9/06 (no response) Reminder (RD) - 6/10/06 (no response) Phonecall to BofS chasing - 24/10/06 (no response) Final S.A.R - (Subject Access Request) sent (RD) - 26/10/06 (no response) Phonecall to BofS complaints - 2/11/06 Received statements back to 2004 only - 14/11/06 Another phonecall to complain - 16/11/06 All statements received - 31/11/06 Claim submitted - 1/12/06 Received acknowledgements - various over January 07 Telephone call to offer full settlement - 14/2/07

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