sirpercival
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Everything posted by sirpercival
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Very pleased - although I was sort of looking forward to potentially facing them down in court...simultaneously bricking it though, so probs for the best Amusing though given I asked and the court confirmed only a couple of days ago that they paid the trial fee!
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Thanks everyone for your assistance!
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Yes, for some reason I'm sure it was showing as locked?? Received letter from DCB stating their client has instructed them to discontinue court proceedings - is that it? Can I hope for any costs or just be satisfied that it's over?
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Yeah, I had thought it was maybe a little bit back and forth - will look at smooshing things around
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Thanks again, going with this then I think. VCS WS Response Redacted.pdf
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Ooh, thanks FTMDave, I will definitely include that. Much credit to lookforinfo for providing many of the points too! Thanks all, I'm away.for a day but will get it finished off tomorrow
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Letter from the court notes "Each party may, by 4pm on 22 April 2022 file in court a concise written response to the documents and statements served by the other party. At the same time a copy of the response must be served on the other party." I've started putting notes together as discussed on this thread - I believe that the contract is actually signed by "AREA housing manager" rather than "AGRA" not that it's very easy to read! I need to do a fair bit on formatting etc. but the bones of it are there I think? Again, any comments welcome, thanks in advance! VCS WS Response FIRST DRAFT.pdf
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Thanks, I plan to start bashing out a draft response this weekend hopefully! Any more notes most welcome!
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VCS WS - I understand I can make a response to this, any comments welcome, but my first thoughts are... 8. They list the correct reg no. here despite providing a copy of the PCN which shows incorrect details 21. "It is respectfully submitted that if the Defendant genuinely believed the Charge had been issued incorrectly, they would have engaged with the appeals process further" 28. "...My Company's employees spent time and resource attempting to recover the debt, as well as instructing external debt recovery providers, all at a cost to the Company. This is not my Company's usual business and, but for the Defendant ' s refusal to pay, would not have been necessary." quite clearly is their company's usual business and had they not acted improperly then none of this would have been necessary. 34. "In the event an advocate does attend the hearing, I request their fee be added to the amount sought." can they actually do that if their named defendant can't be bothered to turn up? Exhibit 1 - Contract with Landowner, 3.1 states warning signs "VALID PERMIT HOLDERS" and "VALID DISABLED BADGE" are the only ones listed, does this negate their "NO PARKING"? Additionally, their site boundary plan under this doesn't show any plan, this is shown later in Exhibit 4, can this be right? Exhibit 2 - visible in broad daylight, but no lighting nearby. Exhibit 4 - Site map, it's clear from this that there is no sign at the entrance to the site, I thought this was required? My scanner appears to have helpfully skipped page 28 which is their title page for exhibit 6 on the next two pages - this (unredacted) shows the incorrect VRM VCS Witness Statement - Redacted small.pdf
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Hi all, thanks for the notes - apologies for the lack of response, I've been in the middle of moving house so have had precious little time. I made a couple of tweaks, the final version I sent is attached. Received the VCS WS today which I will post shortly. Witness Statement - Redacted.pdf
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Hi folks, I've had a crack at a witness statement, largely matching simsplayer96's but tweaked to suit my case (I hope!) Any notes welcome. Witness Statement - Redacted.pdf
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Do the dates noted in the previous letter only apply if the claim were to be dealt with on the papers? I.e. having rejected it being dealt with on the papers do I still have to submit all docs and a witness statement by 08/04 or do I wait for further directions? Working on the WS anyway, just wanted to check.
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Received a letter from the court requesting to deal with the case on the papers - correct me if I'm wrong, but I understand the answer to that to be a firm no! Letter attached, I'm going to work on a witness statement either this weekend or early next week. Court letter.pdf
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Yeah, that'd probably be a good idea
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Says must return by 2nd Dec, I posted on 26/11.
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Would they not also be expected to have a copy of the NTD they attached to the car? I would assume that a properly completed NTD is necessary as proof that the timescale the NTK was sent in is PoFA compliant? Also, any idea if I need to try to get my directions questionnaire to the court given it doesn't seem to have been received as yet? Thanks.
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Apologies for the delay - evidence attached, think I've managed to redact all of the identifying bits. Additionally, I posted my Directions Questionnaire around 2 weeks ago now (to both DCB & the court, I have proof of postage) but I've noted MCOL still doesn't note that mine has been filed - how long does this normally take and should I be worried/do I need to contact anyone? TIA DCBL EVIDENCE.pdf
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Just received a letter from DCB Legal with a copy of their evidence, will look to scan and upload this weekend if possible, but essentially it contains about 6 pictures of my car (in one you can just about make out some signage which is clearly not lit so pretty impossible to spot in the dark), two photos of their signage taken in broad daylight and a copy of their original "Notice to Driver/Keeper" which, as we've covered, was sent outside of the time limit required. I'm secretly disappointed they've not attempted to forge the original Notice to Driver to correct the reg, but feeling relatively confident now!
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Directions questionnaire received - i can recall being advised not to offer contact details other than my postal address before to avoid the bandits harassing via email etc. Does that hold for this? Or am I ok to offer given its a court doc? Thanks in advance.
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Yeah, nothing on MCOL, what are you saying dx, that they're cowboys who'll try anything on?? Surely not!
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Received a letter from DCB indicating they will be proceeding with the court claim and with a copy of their Directions Questionnaire - I presume I don't have to do anything until the court request I fill one in myself? Have seen the post on what to fill in when required. Ta
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Just received a letter from DCB Legal in response to my evidence request saying "In due course, the Court will order that both parties file and serve all evidence they intend to rely on. We confirm you will therefore receive all relevant evidence in advance of the hearing" Is that legit or does the below apply (from the evidence request template) "You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have to comply will be referred against you in any defence." Thabks
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Managed to get on after a restart, phew!
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Was looking to log on to the MCOL site this eve to submit my defence - I'm currently unable to log in, getting a meaningless error - is this just me or a wider issue with the site? Error id - d447b51c-6522-46b4-919f-d325c2a2c55e
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Thanks, thought as much but wanted to double check before I included that point in my defence. Final question for now I think - is there any point in counter claiming or is it more effort than it's worth? I've previously stated in letters that they would risk a counter claim for harassment given their (now 5 year!) pursuit of a debt which is not valid, but I presume I'd have to flesh a lot out in order to do that and I'm aware there's a cost to it to.
