dark.knight.10
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Posts posted by dark.knight.10
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Thanks, hard not to be!
I called today and they told me that the judge ruled that with the lack of attendance from both claimant and defence. He ordered that I pay the client the fine
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Hi,
Sorry for the radio silence, I just didn't have it in me to tell you all how moronic I have been all week!
I went to the wrong court!!! the first court (Harlesden - the preferred location), not the one that was rescheduled in! I really think I need a break because my brain is fried.
Anyways, I feel like I let everyone down!
Thank you all for everything! I will be donating regardless! I planned to donate the whole amount to this site.
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Thank you all so much!
I will add those to WS and let you know what the verdict is as soon as I come out. The hearing is at 3PM -
Here it is
Register summary
- Title number
- NGL835940
- Registered owners
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Jehangir Qamar Malik
179 Ealing Road, Wembley, Middx HA0 4LW
- Last sold for
- £400,000 on 14 February 2008
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Thank you all!
Okay, I didn’t know you can do that. There are 3 or 4 address with the same address on the Land reg site. How can I tell which is the Atlip centre.
197 Ealing road, Wembley, HA0 4LWShall I pay to view all of them?
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I got the bundle on the 31st July . They sent it via email. I was away, I came back 2 days ago.
I did get the re-listing letter but it did not have an action attached to it … atleast that’s what I understood.
Honestly, I’m so sorry, I know I must be very frustrating but I’m so swamped and my mental health is none existing.I have noticed that they’re not attending, so do I still go even if I havnt served them with my defence?
does my defence look good to you?bundle Redacted
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Assuming that's on the claim form ... I never got one...
The only thing I received was an email with the other side's pack a few days ago while I was away.
I have looked to see if there are any unopened letters .. there aren't any
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The court date was allocated for next year, but was changed... I'm drowning at them moment. I know it's not an excuse.
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No, Ah I have not sent my witness statement
I'm sorry I didn't come here earlier, totally my fault
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This is the defence submitted to money claims.gov.uk
Defence
I contend that the particulars of claim are vague and are generic
in nature which fails to comply with CPR 16.4. I will accordingly
set out its case below and relies on CPR r 16.5 (3) in relation to
any particular allegation to which a specific response has not
been made.
1. Paragraph 1 is denied. It is denied that I ever entered into a
contract to breach any terms and conditions of the stated private
land.
2. 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 only contracted 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.
3. The claimant has yet to evidence that their contract with the
landowner. Further it is denied that the Claimant’s signage is
capable of creating a legally binding contract.
4. Paragraph 2 is denied. It is admitted I am the recorded keeper
of the vehicle. The Claimant is not in a position to state if I
was the driver at the time.
5. Paragraph 3 is denied, there are no contractual costs and
interest cannot be accrued on a speculative charge.
6. Not withstanding the above on 09/08/2021, I made a request
pursuant to CPR 31.14 for the Claimant to disclose the necessary
evidence in support of their claim. To this date the claimant has
failed to respond to said request.Do I have to submit another defence or do I just print and take it with me to court? -
Apologies
Here is my defence so far:
[Name] [Address] [City, Postcode] [Date]
The County Court [County Court Address]
Case No: [Case Number]
In the matter of: UK Car Park Management Limited (Claimant) v. [Name] (Defendant)
DEFENCE WITNESS STATEMENT
I, [Name], of [Address], hereby make this witness statement in response to the claim brought by UK Car Park Management Limited (hereafter referred to as "CPM") against me in relation to the alleged parking charge incident at The Atlip Centre ANPR Ealing Road Alperton Wembley London, on the Contravention Date of 8th July 2019.
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I confirm that I own multiple cars, and the vehicle registration number (Reg), in question, is not my daily driver.
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The parking incident occurred at my local gym, which is frequented by my family and friends, and any one of them or their friends could have been the driver on the Contravention Date. I have reached out, however, I cannot definitively identify the driver responsible for the alleged breach of parking terms.
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Furthermore, I want to bring to the court's attention that I have previously received a parking ticket on my daily driver at the same gym location, which was later cancelled by the manager after providing evidence of my presence at the gym during the stated time. This demonstrates my willingness to address parking-related issues when I am indeed the driver.
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It is essential to highlight that the address of 197 Atlip Road and the post code HAO 4LW mentioned in the claim do not match. The contract, as described by CPM, appears to be wrongly drawn up and does not represent the actual area they claim to control.
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The contract provided by CPM does not grant them permission to pursue legal action through the courts.
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Furthermore, the contract is not in compliance with the BPA Code of Practice 13.1 or 13.3. The signage at Atlip Road explicitly states that there is no grace period for parking. This discrepancy demonstrates that the contract is not consistent with the BPA guidelines.
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CPM is in breach of contract point 4, as they do not possess planning permission for their ANPR signs.
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Contract point 8 is also erroneous, as there is no alternative to applying to the DVLA for keeper information. Their claim of having alternative means is unsubstantiated.
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I challenge the validity of the contract as certain essential details, such as signatures, have been redacted, making it impossible to verify its authenticity.
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The PCN provided by CPM is non-compliant, which means that the alleged debt cannot be transferred from the driver to the keeper. There is no basis for assuming that the keeper and the driver are the same person.
In light of the aforementioned points, I respectfully request that the court considers these issues when making its judgment. I believe that CPM's claim lacks sufficient evidence and is based on a contract that does not hold up to scrutiny.
I hereby declare that the facts stated in this witness statement are true to the best of my knowledge and belief.
Signed: __________________________ [Name] Date: ___________________________
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Hello
thank you for reopening this
Any last advice… court is tomorrow at 3pm
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Thank you for the explanation
Yes she didn’t think there were two different tickets and failed to pay.
there is no way for her to pay the original PCN now and should just cough up?
thanks anyways
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Thank you dx,
I am the registered keeper, I did not see anything because she took those letters.
Okay here is the full story:
My sister is a pharmacist, she working fills in for different pharmacies that have shortage. She was working at reading boots for 3 shifts 12,15 and 17th of feb.
she got tickets for two of those dates because “she had to drive through the bus only area to get to the boots car park”
These tickets would arrive in my name, she'd open the letters and say she got a ticket and she's dealing with it.
She mistook the two tickets for one, so she only paid off the one on the 12th of Feb, and thought that's that...
So I need PE2 and PE3 forms... do I call the court on Monday to call off this "warrant" and what's the difference between a warrant and CCJ?
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Okay here is an update:
it’s the vehicle that my sister drives:
reading bus Lane
it went to debt collectors
she paid the original ticket: I’m getting her to send me the actual receipt
The agent say it’s not a CCJ. It’s a warrant … they’re looking for the car to take it
what’s the difference between a warrant and CCJ?
Turns out she made a mistake and this is a different ticket…
The agent advise me to pay it now and appeal it in court. If successful. They’ll refund
my appeal would be that my sister was driving the car and I have not seen any tickets.
is this the right way to do this ?
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Okay. I’ll contact the agent or the company?
if there is no ccj then surely they can’t remove anything?
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Thanks.
so it’s possible that there is CCJ without it showing on my credit record? How does that make sense? -
I have checked my credit report, there is nothing. I have not moved address, I've been in the same address for 14years. I have had a CCJ once before and I paid it on the same day some 7years ago. It disappeared from my credit report. I'm using credit Karma.
Here is the upload again
Can they come into the house? this is surely a mistake? how can I find out, can I ring the court on Monday? is it too late by then?
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Hi everyone,
Today 09/06 at 6am, somebody dropped a removal notice through my post. Saying something about PCN refusal to pay in Northampton county court.
I have no clue what they’re talking about,
any urgent advice??
Best
F
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Hi all,
I know this is probably a lost cause but I want to vent a little...
There is a new speed limit on part of the A40, from Westway bridge that was introduced a few months ago ...
There are already average speed cameras, They set the speed limit to 40 until you get to the Westway bridge (30)... now they have moved the sign forward a few meters back!!
its so frustrating, because my sister had one last month and I was sure to do 30, I don't understand! did the speed limit change earlier from when the signs said so...
its so bad and confusing that there are numerous articles about it
Roadworks 30mph on Westway before Terrick St - Viewing a problem :: Streetcare
STREETCARE.TFL.GOV.UKhttps://twitter.com/ottocaruk/status/1557653090702090240?lang=en-GB
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@dx100uk It was a work trip, I have been reading threads, however there are many jargon words and I am dyslexic, it take me a little longer to get there ... thanks for your patience.
I will say No to mediation because its private land parking,
Suitability for determination without a hearing? no,
Reason: There are factual disputes that requires a hearing (no need for more details?)
I will make 3 copies
1 for Court/ 1 for Solicitor/1 for my file
@lookinforinfo That is invaluable, thank you so much for the contract analysis.
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Hi Guys!
Sorry for the radio silence, I was away on a work trip,
So I have received the "Notice of proposed allocation to small claims track" dated 7 Sept ... I have to respond by the 26th of Sept
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CPM ANPR PCN Claimform - -THE ATLIP CENTRE EALING ROAD ALPERTON WEMBLEY LONDON HAO 4LW
in Private Land Parking Enforcement
Posted
The judge has awarded the claimant the full amount. Including the £70.
They have sent it via mail and said I should get it tomorrow.