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    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
    • Paying DCA's one penny, never mind £50 per month is a mugs game, they have really been milking him as a cash cow   See where received a claim form is underlined in your post, you need to click, on that and read carefully, then answer the questions, then copy and paste into a post on this thread Forget the CAB ,  their advice is sometimes weird. Is it worth defending? Lowell brought these debts for 10 p in the pound , years ago, because they are flawed. Think about it! if it was such an easy win, Capital one could have taken it to court and crushed him.  It could be an invalid agreement, default notice, or many other things. In a nutshell , yes, and we can help you.
    • Origin moved to EA App... I know this all too well.  Reach out to Customer Services I would to see what they can do. 
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      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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CCA 1st Credit / Connaught **SET ASIDE WITH COSTS**


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This has taken me from 4.30pm to do.

 

They are well going to get hit for costs. Plus a days pay, plus travel expenses and the big one stress!!!

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I have dropped the SD in the Courts this morning.

 

****Edited******

 

HAK

Edited by Having_A_Knightmare
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To be honest the person in the County Court was a little unfriendly and looked unintrested but she did glance at the SD so i assume it was OK.

Edited by Having_A_Knightmare
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I have just read your thread, its interesting as I am going through the same procedure at the moment.

 

I could kick myself because some of what you have in yours would have been pertinent in my affidavit and all i've basically said is that my SD should be set aside as I've not yet rec CCA, that as the amount is probably made up of unlawful charges the amount is therefore in dispute.

 

Can I add those other things (mode of serving SD, no prior "recognised" contact from co re debt) on to my affadavit as an addendum or would that also need to be sworn in?

 

Is there scope during hearing to add these things?

 

Really worried now as my hearing is on 8th Sept and not sure of what the procedure is or if I have a strong enough case?

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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No. The SD is issued by the DCA. They dont generally put a Court on it as its up to you to say what your local Court will be. Of course a proper SD should be served in person anmd if not a full expplantaion of why this was not possible must be given in an affadavit to prove service. If it is not possible to serve it personally then it should be sent by 1st Class post. However as the DCAs generally send them out as a scare tactic they generally post them second class. There is of course no proof of delivery so it would be your word against theirs in a Court case

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