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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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BLS No CCA but still demanding payment


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1, By agreement in writing & regulated by the Consumer Credit Act 1974, the claimant issued to the defendant a credit token for the purpose of the defendant aquiring goods/services on credit

2, Clause 6 of the agreement provided that the claimant would furnish the defendant with a monthly statement showing the balance due, the min payment and date for payment. If the balance was not paid then provided the defendant made the min payment on or before such date the remainder of the balance should remain outstanding & the defendant should pay interest upon it per month in accordance with clauses 8&9 of the agreement.

3, In breach of the agreement, the defendant failed to make payments & on xx/xx/xx the claimants issued a default notice pursuant to section 87(i) of the Consumer Credit Act 1974.

4, On xx/xx/xx the claimant did issue a formal demand to the defendant.

5, THE CLAIMANT THEREFORE CLAIM THE BALANCE DUE UNDER THE AGREEMENT; £XXXX.XX

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That's the same just dressed up a little.

Hey if we posted POC's that bad for charges reclaim they would have them thrown out in double quick time.

 

Paul, note for you.

Once you qualify DON'T write POC's out of the Ladybird Book of Law ;)

Be VERY careful whose advice you listen too

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Curlyben - Have you had any form of action with AIC or The Debt Managers as these seem to be a particularly nasty bunch trying various forms of scare tactics to come to immediate payment with debtors without issuing prior notice that they have taken over the debt

 

I know they are well known through National Debt Helpline and these are used a lot in connection with Lloyds

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  • 2 weeks later...

Cool, now its a waiting game to see what they decide to do

 

not wanting to tempt fate but i wouldnt be surprised if you didnt get a Notice of Discontinuance when they realise they are P*$$ing in the wind

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Today recieved letter from SC&M, they advise that they have requested judgment and a judgement order will be sent from the court. They have sent a direct debit form and book of payment slip. They have even changed the balance to judgment balance.

 

I think they are getting a bit ahead of the game here. Or maybe it's their idea of attempting to resolve the dispute in the 28 days before they can continue with proceedings?

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Having read through all of the previous threads again i am very confused as why this has happened as unless i have missed something they have still not provided the CCA is that correct??? I know you had an application form issued

 

I am feeling really deflated at the moment though as what is the point of Consumer Rights if companys just do whatever they like anyway i feel like just giving up on it all they always win and hide under a corporate veil

 

It is now 13 working days since i requested by CCA from AIC and i have not recived anything through i am aware they are now in default and have another 30days but judging from all the problems you have had with SCM it seems like it could go on forever i am not even sure what i do afzter the 30 days

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I think SC&M are very confused too, to be honest

 

they are applying for judgment very prematurely as you have entered a defence and are clearly defending the claim.

 

i think we need to send them a "Dear Sir please wake up" letter

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