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jpm321

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  1. If you go over to Pepipoo they have soem flyers you can print off and stick on the windscreens of people that have been ticketed,do your bit and spread the word about these theiving ****
  2. Edit by honeybee13. Tomtubby has kindly retyped this in post #168. To summarise my case Sep 2011 the StartI Return to NCP train station car park to find my car had been taken by Mr Nigel Barrington-Fuller T/A Endeavour Vehicle Services who was instructed by NCP to seize and store my car for non-payment of alleged debts which another driver had causedAfter several calls and emails to Mr Stuart Marchant who was the Car Park Manager and Mr NBF I was unable to convince them that I was not using the cars at the time the alleged PCCNs were issued, and they must pursue the Driver rather than the RK, they refused to listen even after me notifying then of my intention to seek an injunction and sue for damages.On September 23 2011 I locate Mr NBF's house which is not his registered business address or yard, and see my car in his front garden blocked in by another car, also I see other cars with NCP PCCNs attached to the windscreen, after confronting Mr NBF he refuses to release my car and informs me he is a Barrister and I have no legal right to my car back as its a LIEN, ***I arrived at his house with Female who dropped me at the end of the road and I walked to his house***, I also called the Police who said "it was a civil matter" and they did not attend Nov 2011After filing an application for an injunction hearing in late October, I get a date for the hearing of 4th November 2011, I turn up on my own and NCP send a Barrister, I successfully get the injunction but am told by the court to pay a sum of £650 to the court as security.On the 11th Nov I picked my car up from Mr NBFDuring Nov 2011 I make NCP an offer to settle for £2000 but they refuse and counter offer which meant them keeping my £650 which I gave to the court and we both walk away I refuse this , there is one more offer of drop hands, again I refuse, both offers Including a confidentiality agreement January 2012 first hearing at Chelmsford CC me alone NCP Send same Barrister, hearing is for an application for NCP to issue a counterclaim for the outstanding PCCN's totalling £2700, the application is grantedFebruary 2012 another hearing which allocates case to the small claims track again Barrister turns up for this oneMarch 2012 There is a further hearing when we both agree to try mediation again I represent myself and NCP send same BarristerApril 2012 mediation fails I make other offers to settle, which are ignored Not much happens now until August 3rd at the final hearing in the small claims August 3rd 2012, turn up at court expecting the final outcome but the Judge decides that the case is to big for the small claims track due to amount of evidence both law and Factual and the possible implications for NCP if im proved right, therefore re allocates the case to the Multi-Track which exposes me to NCP costs should I lose. NCP send me a cost schedule for approx. £35000 for the case so farOf course at this point im seriously worrying about my potential exposure to their costs although you can't normally claim costs in the small claims track there could have been a risk of the judge awarding NCP there costs from Small claims although low risk it was still there in my mind.I then had to make a decision on whether to throw in the towel or seek legal representation. So I decided the fight on and contacted Mathew Hodson a Barrister from London I approached him with the idea of taking my case on under a CFA, he came back to me and explained that the case was pretty strong and on that basis accepted the CFA, he then contacted Andrew King of Lennons Solicitors to instruct him and take over the running of the case again under a CFAThis gave me some relief as now I had the benefit of legal representation and they then arranged some ATE insurance which put my mind at rest and gave me the determination to fight on.Once NCPs legal team got notice of my representation they made a couple of offers first was for £500 in full settlement Including a confidentiality agreement which didn’t include costs the second was for £1000 Including a confidentiality agreement again without costs these were both refused.A counter offer was put to them to give me £2000 and pay my costs the didn’t reply UNTIL the Friday before the Hearing planned for Tuesday , the accepted the offer added a confidentiality agreement and said the paper work would be with my Solicitor on Monday, so we all assumed the hearing was off and I was relieved however there was some disappointment as I did want to beat them in the court and so did my legal team. So Monday the day before the hearing 2pm no sign of the paper work, my solicitor contacts NCP solicitor to ask for an update and was told "its coming " at around 4pm on the day before the hearing the paper work was finally received. However there is one slight problem MR NBF is not part of the settlement agreement he still wants his day in Court, so we have a dilemma NCP are out of the hearing , have the confidentiality agreement and Mr NBF continues the fight but where are the Costs ? had my solicitor not seen the amendment then we may not of attended the hearing and Mr NBF would have. There were many permutation on what was going on, so we decided at 6pm on Monday night to refuse the offer and attend the hearing the next day , as this was a trick that failedDay 1 of the hearing I was questioned mainly on my damages claim not much on the facts Mr NBF was asked about his lack of VOSA licence and still claimed the recovery exemption, we discussed this and decided the Judge would probably be happy if we dropped this as we would spend to much time trying to prove him wrong and lose time on the main case, this turned out to please the judgeMr NBF when questioned about my car in his garden told the court that "I turned up with 3 big blokes" when I was on my own !He also provided a witness statement which included many photos of my house which included a communal car park and tried to tell the court all my neighbours cars were mine and my damages claim was rubbish as I had other cars to use, this of course fell on its ar$eDay 2 was spent discussing the Law and then Facts with both Barristers giving their submissions Day 3 was Judgement day , Judge spent nearly 3 hours giving his judgement in which he criticised me for not giving the other drivers details at the beginning of the saga, but then it was explained to him that I was a litigant in person and from day one NCP threw Arthurs Vs Anker at me and Mr NBF claimed he was a Barrister, also quoting the law and telling me I didn’t have a leg to stand on therefore was distracted from normal resolution.There was evidence that I did give NCP the drivers details but this was missed and brought to the Judges attention during the costs hearing The main thing that was mentioned was that NCP legal team never once asked who the driver was.The fact that they also never replied to my offers to settle or further mediation didn’t go down wellAlthough the Judge wasn’t convinced with the VCS, VOSA and Penalties part of my case he judged on the Agency clause and that the T&C were unfair under the Unfair Terms in consumer contracts regs although the penalties bit could have been argued it was not neededThe Judge wasn’t too pleased with the stunt that was attempted on the day before the hearing and did confirm that had anyone had of turned up after the settlement was agreed the case would have been thrown out, but that was a risk we were not going to takeso now we are working on the actual costs which they have to payDuring the last year I made several complaints and a certain authority called the term "Ridiculous" and ordered NCP to remove the Agency clause from 600 notice boards nationwide , its Website and any reference to such clause NCP reacted pretty quickly and did as they were told instantly by covering the term in duct tape on all its notice boards, then came new notice boardsearly in the court hearing the Judge said "If the claimant fails to to win this case then this is a victory on its own " So after 14 months of this I don’t know what im going to do with my spare time
  3. Have just called the court and they confirmed that the recovery guy has not filed an AoS therefore i can apply for default Judgement against him, not sure what that would acheive as NCP have filed theirs also sent letter to trading standards
  4. No its not disabled car, you are right thay cannot take disabled car or Nurse / DOctors car (i think) im going through the courts at the moment to get it back and damages manc girl , i know your case is very difeferent to mine i was commenting on the call the police bit
  5. NCP currently have my car (as per thread on this site bottom of first page) I found the car at the recovery guys house alll blocked in and called the Police they refused to come out and called me back to say its a civil matter and they would not get involved. I pleaded with them to send someone as i was armed wiith the relevant law etc to prove it was theft however they still refused They are not trained is the finer detail of the law regarding this Its my opinion that the veiw is the clampers / towers are correct due to thier ignorance
  6. Although it is theft The police won't do anything, they will say it's a civil matter
  7. Maybe court does have a biig list....... for this bunch ! as the recovery guy showed me a hit list he has for cars with outstanding pccns on he just drives around the NCP railway carparks picking up cars on the list even if they , like mine have a valid ticket for that day !
  8. I did send a covering letter to the court with the original claim asking for a fixed date at ASAP however they replied back saying the district judge refused the list the case at this time. I did send a fax and another letter on Weds of this week asking judge to review as im without vehicle and the claim for damages is getting higher by the day , no reply yet but its only 2 days seems they now have 2 weeks left for defence, I was told the court could impose injunction within days but maybe i filled wrong claim for that
  9. I asked court for judgement to compel release of the vehicle and costs and damages so i guess that if they ignore me i ask for defaiult judgement however NCP havent ignored they have responded so i need to now wait for them to file a defence
  10. Hi NCP have ackknoledged service of the claim and have said they will defned all of it , its now gone to their solictors. Recovery guy hasnt responded yet but the final day is today nothing else, its a waiting game now just need to see their defence
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