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    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
    • I’ll get a picture of the signs tomorrow and see where I get ringing the council about the planning. Also how long do I have to get the defence in? I know you said I will have leeway but I can’t have that much.    Thanks  Andrew 
    • now read the letter properly and carefully.... doesn't say WILL anything...   unless you are purposefully buying these in bulk and knowingly doing it their client will not be the least bit interested in you.
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srfrench

French v. Abbey (3) - Into the breach once more my friends!

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Seeing no reason not to contact Inga after a nice settlement on my last claim I decided to email her with the following:

 

Dear Ms Kirkman / Mr Basson,

 

 

Ref : Claim reference XXXXXXXX - Noddy Town County Court

 

I am respectfully requesting, in conjunction with the attached letter sent recently and attached to this email, that we can negotiate a settlement of this claim, to avoid any additional costs to both parties.

 

 

My claim currently stands at £6994.60. I have already filed my AQ as have yourselves.

 

 

I am prepared to accept £6968 in full and final settlement. This figure is a gesture of goodwill and would forgo any additional interest or costs. A condition of this offer would be that the funds are available to me in the form of a cheque by 22nd June 2007.

 

 

I would like you to note that I intend to request full costs in court and that would include all letters charged at £6.75 for printing & reproduction and an hourly rate of £9.25 for preparation time, plus all postal charges.

 

 

This has the potential to save Abbey additional expense and would be looked on by the courts as a favourable negotiation on both sides.

 

 

I believe this offer to be a meaningful and realistic attempt at a settlement and would like you to duly note as such. Should you choose to ignore this, this email will form part of the evidence submitted to the court.

 

 

Yours sincerely

Well..... here's hoping she answers it? ;)


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Thanks Lula Babe!


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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LOL what for? the email? it is cobbled together from others ;)


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Oooo you liddle tinker! :rolleyes:


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Tick Tock........ I wonder if Pingu Kirkman has read it yet? :cool:


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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did you not put a read receipt on it? doofus ;)


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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She aint read my rejection email yet lol must be off work with stress pmsl


:madgrin:

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Nah!

 

It'll just clutter my Inbox. I wonder where Pingu goes for the weekend?


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Well i had a really wierd dream last night that she was at the Eden Project lol


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Now.... you're just getting obsessed with her now! All because you want to bury her up to her neck in sand and let the sun and gulls do their worst and all because she read your email but didn't reply.

 

Mental note to all........... Avoid Lula as she is getting psychopathic LOL :D


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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she never read it :mad:


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Ooooops! :D

 

She's still a psycho though lol :p;)


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Well received something in the post this morning that wasn't at all surprising! :p


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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wind up merchant


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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No true! Received absolutely nothing :D :-|


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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i am going to bury you up to your neck in sand!!!:D


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Only if you can catch me lol :cool::D


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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i will rugby tackle you :p


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Got a reply back from Inga this afternoon:

 

Without prejudice"

 

Dear Sir

Thank you for your email. With respect, we do not believe that a £26.60 reduction in the quantum of your claim represents a genuine desire to resolve this matter without recourse to the Courts. Whilst it is not our desire to litigate with our customers, some charge must be applied for the transitions that have occurred on your account.

Should you wish to reconsider your position and put forward a more commercially palatable offer representative of the transactions that did in fact occur on your account, we will be more than happy to consider the same.

Kind regards,

I however actually think £26.60 is a rather genorous offer of the costs incurred due to my contractual breaches as they are made up entirely from going over my limit and not unpaid DD's due to insufficient funds. £0.29 a time (max)I think as it's all handled by computer and the bulk of the cost is the letter and postage and that's being generous LOL

So now to draft another reply to Inga.................;)


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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"transactions on your account?" WTF is that supposed to mean


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Transitions you mean PMSL

 

I totally missed that typo of Pingu's and for the life of me whilst cross-referencing my statements to see if any funds have been transitioned into something else can't find any! :p

 

Maybe I should hold out for the full whack now LOL :rolleyes:


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Ok have just kicked off my reply to Inga as a final attempt at resolution:

 

Dear Ms Kirkman

Thank you very much for replying to my email, it was most appreciated.

I was interested to note the contents of your reply and I am willing to drop my offer of settlement to £6850 as full and final settlement of this claim. I am aware of my duty to mitigate my losses and conclude that this should be a more “commercially palatable" offer to Abbey.

As a condition of your acceptance, I will require a cheque for the full amount is with me no later than the 24th June 2007 after this time I will conclude that this offer is unacceptable and will continue my claim with the court, which will include interest to date of settlement, court costs and a wasted costs order.

I would be happy to pay the actual cost per breach, if Abbey would reveal them, and such time that you do, I will be requiring repayment as set out above.

Yours sincerely


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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representative of the transactions that did in fact occur on your account,

 

no it sounds like she is saying that some of the transactions did not occur, I think i would be asking her what she meant by this


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Well it's to frikin late now you pyschopathic trouble causer! ;):D

 

And they did occur! I think lol


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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people are so going to get the wrong idea about me ;)


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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