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    • I have just checked and unusually, Brent Council have a website that advises on whther their streets are adopted or not. Atlip Road is a private street on their site. Brent Council - Road adoption checker form WWW.BRENT.GOV.UK Form to check whether a road has been adopted  
    • Why international criminal networks are behind a jump in the theft of catalytic converters. View the full article
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL 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 MCOL. .. get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............      
    • The president says he will only sign it if Democrats can pass a separate, far bigger budget bill. View the full article
    • Bolmsgr    if it was me I would put it first as if the contract is invalid and if the Judge agrees, then you win the case.    Indeed, it may be that VCS would not even turn up in at the Hearing or withdraw which would be the ideal situation. However this is your case and FTMDave has worked hard with you to help on your WS.   Whatever you decide to put it I have modified what I said in my previous post so that you can copy it.   Definition of "Relevant contract”  from PoFA 2  [1] means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—   (a)the owner or occupier of the land; or  (b) authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land.   According to https://www.legislation.gov.uk/ukpga/2006/46/section/44    a contract to be valid requires a director from each company to sign and then two independent witnesses must confirm those signatures. The fact that no witness signatures are present means the deed has not been validly executed. Therefore there can be no contract established between VCS and the motorist. And even if "no stopping" could form a contract [which it cannot], it is immaterial. There is no valid contract end of.   Surely VCS a company that signs innumerable contracts must be aware that no contract exists at the East Midlands Airport. Two points arise from that.   The first is that by issuing many PCNs at EMA with knowingly not having a valid contract is bordering on fraudulent.   Second, VCS in order  to gain access to DVLA data VCS have averred that they have complied in their CoP that they have complied with all the legal necessities, which appears patently untrue.   As Lord Neuberger said in the famous Parking Eye v Beavis  at the Supreme Court [2015] UKSC 67-"And, while the Code of Practice is not a contractual document, it is in practice binding on the operator since its existence and observance is a condition of his ability to obtain details of the registered keeper from the DVLA.   In assessing the fairness of a term, it cannot be right to ignore the regulatory framework which determines how and in what circumstances it may be enforced". The Noble Lord is correct and should call into question the right of VCS to obtain information from the DVLA.   You may have noticed that in the second paragraph of this post the words "relevant land" cropped up which would be a good follow on for bringing up the Bye Laws and streets covered by the Road Traffic Act in case the Judge did not accept the contract argument.  
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Honey v Halifax ***SETTLED IN FULL***


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  • 4 weeks later...

OMG!!!! Halifax paid up - came home from work to find 2 cheques - one for the fees, the other for interest. I am one seriously happy bunny. A big thank you to all who helped in anyway. I will lodge the cheques tomorrow and make a donation once they clear. I always thought I would be the one that they wouldn't pay up for - looks like I was wrong. One down, 2 to go!!! Good luck to everyone!

 

PS - can someone please change my thread to WON!!

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I am at LBA stage and just found out that i am exempt from paying my fees, so I am off to the courts tomorrow to lodge my claim :-)

Hearing date 04/12/06 - Halifax £399.62

Hearing date 04/12/06 - Cap One £167.21

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CONGRATULATIONS

 

Don't forget our SURVEY

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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