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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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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Is this Cap1 default valid? **WON IN COURT**


ammani
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Hi Armsoft, hope your well. Thanks for that. I am ready to go lol, cant wait to see what the judge thinks of Cap One's behaviour, especially contacting the court twice, to say they had paid up and settled everything. Still no cheque!

 

ammani,

Did you get a claim in for Quantifiable losses (compensation at the descretion of the court)?

I may well have read that you had, but I`ve done a lot of reading today LOL

 

:)

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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Hi Armsoft, my original poc asked for £120 in damages, which they refused to give. But i read on this site about the Kpohraror v Woolwich Building society case, in which a precedent was set, of the claimant recieving £1000 in damages, so put this in my witness staement in my court bundle.So will be interesting to see what the judge decides.

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Hi Armsoft, my original poc asked for £120 in damages, which they refused to give. But i read on this site about the Kpohraror v Woolwich Building society case, in which a precedent was set, of the claimant recieving £1000 in damages, so put this in my witness staement in my court bundle.So will be interesting to see what the judge decides.

 

So ammani,

How did you get on?

I`ve rushed home from work today to be able to log on for an update.

Don`t keep us in suspense for too long

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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Hello Armsoft, what a day i had lol. I got there for 1.30 for 2pm hearing. Eventually got in to see judge at 2.30, only to find out, that he had not expected anyone, (so not read my court bundle), as Cap One had written to court to say all had been settled, I told him that i had informed the court 1 week ago that this was not the case and they should have let him know.So it was decided to let 2 more cases go before me, as they were his last and then see me. Of course Cap One didnt send anyone, as they had said they had settled.Of course it was not a good state of affairs as there was no way the judge was going to be able to read my 300 page court bundle in 5 minutes. He asked me to outline what it was i was seeking, and i told him, charges, interest and damages and for Cap One to stop processing my data.The poor man didnt have a clue, i tried to explain what had gone on, but he didnt know about data protection issues and would not make any judgements to do with this. So in the end he agreed to award me my charges of £144, interest of £107 and £120 damage, and also £50 for days earnings. I had mentioned the 2 cases where £1000 was awarded but he said because i had not put that amount on my poc he couldnt award it to me.He said he couldnt issue a declaration saying charges were unlawfull as it was up to Oft case to decide this.He was very helpful, and it was a shame he had not had the time to read my court bundle, as i am sure i would have had a better outcome.He did say that if Cap One still continued to process data, i should start another claim, as the claim he was hearing was to do with charges and not about processing data. He did ask if i knew under what duristiction he could request that they stop, but i didnt know, except that they were commiting a criminal offence in doing so.He said if that was the case, it would have to be heard in a criminal court! Checking my credit reference today, they have removed their data to do with this account, so at the end of the day, i got what i asked for, so thankful for that. Just wish i had put more in for damages on my poc, but i didnt know about the 2 other cases then. Hopefully others can learn by my mistake.

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Hello Armsoft, what a day i had lol. I got there for 1.30 for 2pm hearing. Eventually got in to see judge at 2.30, only to find out, that he had not expected anyone, (so not read my court bundle), as Cap One had written to court to say all had been settled, I told him that i had informed the court 1 week ago that this was not the case and they should have let him know.So it was decided to let 2 more cases go before me, as they were his last and then see me. Of course Cap One didnt send anyone, as they had said they had settled.Of course it was not a good state of affairs as there was no way the judge was going to be able to read my 300 page court bundle in 5 minutes. He asked me to outline what it was i was seeking, and i told him, charges, interest and damages and for Cap One to stop processing my data.The poor man didnt have a clue, i tried to explain what had gone on, but he didnt know about data protection issues and would not make any judgements to do with this. So in the end he agreed to award me my charges of £144, interest of £107 and £120 damage, and also £50 for days earnings. I had mentioned the 2 cases where £1000 was awarded but he said because i had not put that amount on my poc he couldnt award it to me.He said he couldnt issue a declaration saying charges were unlawfull as it was up to Oft case to decide this.He was very helpful, and it was a shame he had not had the time to read my court bundle, as i am sure i would have had a better outcome.He did say that if Cap One still continued to process data, i should start another claim, as the claim he was hearing was to do with charges and not about processing data. He did ask if i knew under what duristiction he could request that they stop, but i didnt know, except that they were commiting a criminal offence in doing so.He said if that was the case, it would have to be heard in a criminal court! Checking my credit reference today, they have removed their data to do with this account, so at the end of the day, i got what i asked for, so thankful for that. Just wish i had put more in for damages on my poc, but i didnt know about the 2 other cases then. Hopefully others can learn by my mistake.

 

ammani,

Let me be the first on here to say "Bloody Well Done To You!"

The outcome was what you had asked for, and ok, a bit more on the compo would have been nice, but being aware of the Judges feelings about Crap1 not turning up is Priceless.

Everyone learns from others experiences, and the one thing that anyone embarking on this from now,having read your thread will firstly learn is to Persevere, Stick to your Guns, Get set for the Long Haul, because at the end of the day, it`s all worth it when you get the right result.

 

Enjoy yourself.

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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Thank you Armsoft. I would love to be a fly on the wall, when Cap One get the judgement, as they kept saying i was abusing the court system lol. I wonder if they might delay, in sending payment,just so i can have the satisfaction of sending the baliffs in!

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Thank you Elizabeth1, it did go well considering, as at one point the judge did think about ajourning the case.Cap One will get a suprise when the judgement comes through serves them right. They didnt even acknowledge that they recieved my court bundle!

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Sorry it's a bit late in the day but WELL DONE.

 

OK, you didn't know about the compensation on the POC, but look at it this way - you took on a MAJOR FINANCIAL INSTITUTION and whopped them!! You got everything you asked for.

 

 

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Thank you Steven.Its been a long haul but worth it. If they take as long to pay up as they did sort this out lol, i will be able to get a warrant of execution, which would be most satisfying indeed.

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Well done

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Thanks Josie and Wendy B. I recieved a cheque today for charges lol, but sent it back with a covering letter, saying as they deemed fit, not to turn up in court, the judge has given me a judgement against them for charges, interest, damages and costs, and that they will recieve notification from the court. Let them sweat it out a bit. That should upset them lol, would love to be a fly on the wall, when they recieve it back.

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  • 4 weeks later...

Quick update, as court is so busy, judgement has still not been processed, called them last friday and they have promised to get it done by monday latest! We will see.Has been a month so far.

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