Deal - Ash25 -Won

[mystery1]

Re: Deal - Ash25

There are a few where they have won yes but most of them are default judgements where the defendant simply didn't bother doing anything or turning up.

CEL habitually do not turn up at court. Parking eye do and have won a few cases but also lost others. Both companies files hundreds, if not thousands, of claims. Only a tiny percentage actually make trial.

M1

[Ash25]

Re: Deal - Ash25

Ok, here is my claim form.
I also attach a pic of the signage and the car park itself.

As you will see from the particulars, the car park only allows customers to 1 hour free parking. According to CEL/DEAL I over stayed by 18 minutes!

I will have a look at the defence tonight and get back to you if I have any queries etc.

Thank you very much for your time and guidance on this M1.

[mystery1]

Re: Deal - Ash25

Haha, " To deter abuse of this car park, these terms apply 24 hours a day" that's a penalty referee

Covered in 10 A but nice to have the evidence :okay:

M1

[Ash25]

Re: Deal - Ash25

Hi M1. Just a couple of things as regards to the defence:
#3: I am no longer the registered keeper of the vehicle with the reg that is mentioned in the claim form. It was sold approx 7 months ago.
#10A: Should a copy/pic of the signage be attached to the defence to confirm that it was a threat to dissuade drivers.
#10B: CEL will/could argue that the original PCN was for £90 (reduced to £45 is paid quickly), hence less than £100.

Should I also disclose to the Court the letter sent to CEL in September 2014 (drafted by you), but CEL have failed to respond. I sent it via recorded delivery.

[mystery1]

Re: Deal - Ash25

#3 change it to was until i sold it on xxxx

#10A no the court will tell you when to send in stuff you intend to rely on at a later date. This includes any document, photo, witness statement etc

#10B A fair point although they are suing for £130 plus extras. You can alter the first part if you like but nothing after 19.5/6


Glad to see you're reading and making a fist at understanding rather than blindly copying and pasting

M1

[mystery1]

Re: Deal - Ash25

http://parking-prankster.blogspot.co...ear-to-be.html

Please contact the SRA as per that blog.

M1

[Ash25]

Re: Deal - Ash25

http://parking-prankster.blogspot.co...ear-to-be.htmlPlease contact the SRA as per that blog.M1

Just sent an email to SRA. I guess this is further proof that DEAL just want to frighten people with court action. I also emailed my AOS today so have a bit more time to fine tune the defence!

[Ash25]

Re: Deal - Ash25

Just got an email back from the SRA. Here is what they say:
"A number of examples have been forwarded to our Fraud Intelligence Unit who have confirmed that this is a Scam and have therefore asked that you discard this accordingly."
"A further communication will be posted on our website in due course."

So do I discard the claim application? .....

[mystery1]

Re: Deal - Ash25

Just got an email back from the SRA. Here is what they say:
"A number of examples have been forwarded to our Fraud Intelligence Unit who have confirmed that this is a Scam and have therefore asked that you discard this accordingly."
"A further communication will be posted on our website in due course."

So do I discard the claim application? .....

You certainly do not. That is horrendous advice. Until or unless you get a letter from the court or a notice of discontinuance from the claimant you proceed as planned.

M1

[Ash25]

Re: Deal - Ash25

Hi M1.
Recently received the N180 form (small claims directions questionnaire).
Theres a section about mediation. Do I answer 'No' to this.
I guess both parties have to answer 'yes'for this to be valid so DEAL probably won't agree to mediation either.

i need to send a copy of this questionaire to the court & DEAL.
Do I just use DEALs address or have they got email address?

[mystery1]

Re: Deal - Ash25

Tick yes. It won't happen but if a judge sees it you want to look like the good guy.

Use the address on the form or phone them and see if they'll take email. (the number may not be easy to find unless it's on the claim form)

M1

[Ash25]

Re: Deal - Ash25

Hi M1.
I received the following notice from the court yesterday (13/01/14):
Notice of Transfer of Proceedings:
“This claim has been transferred to the County Court at Leeds for allocation. One receipt, the file will be referred to a procedural judge who will allocate the claim to track & give case management directions. Details of the judge’s decisions will be sent to you in a notice of allocation”.
I guess its self explanatory but I am happy that the case has been transferred to my home town!
What are the chances that the Judge will give his decision based on the defence submitted and not hold a hearing?

[Amethyst]

Re: Deal - Ash25

Just got an email back from the SRA. Here is what they say:
"A number of examples have been forwarded to our Fraud Intelligence Unit who have confirmed that this is a Scam and have therefore asked that you discard this accordingly."
"A further communication will be posted on our website in due course."

So do I discard the claim application? .....

Sorry, just read this and that is utterly terrible advice. What did you send to the SRA ?

Seems others have had the same advice from the SRA too

“
Thank you for your email of 27 November 2014.

We have been made aware that some individuals have received County Court Claim forms signed by a Mr M Shwarts purporting to be a Solicitor.

A number of examples have been forwarded to our Fraud Intelligence Unit who have confirmed that this is a Scam and have therefore asked that you discard this accordingly.

A further communication will be posted on our website in due course.

If you have any further queries, please Contact Us.
Thank you for contacting the Solicitors Regulation Authority.

Yours sincerely

Adrian Mckeown
Contact Centre Officer
Contact Centre
Solicitors Regulation Authority
0370 606 2555
contactcentre@sra.org.uk
www.sra.org.uk

Has anyone tried to discuss this advice with the SRA ?

Ahh few

Apologies but may I please ask that you disregard my previous email as I have had a further update from our Fraud Intelligence Unit.

It has been confirmed that Mr Shwarts is a suspected bogus solicitor who is being used to sign off on the document pre-mentioned.

However it appears that the County Court summons is infact a genuine document and therefore you will need to respond to this with your defence accordingly.

As you were............. ( apparently I'm a bit behind lol )

[mystery1]

Re: Deal - Ash25

hi m1.
i received the following notice from the court yesterday (13/01/14):
notice of transfer of proceedings:
“this claim has been transferred to the county court at leeds for allocation. One receipt, the file will be referred to a procedural judge who will allocate the claim to track & give case management directions. Details of the judge’s decisions will be sent to you in a notice of allocation”.
i guess its self explanatory but i am happy that the case has been transferred to my home town!
what are the chances that the judge will give his decision based on the defence submitted and not hold a hearing?

0.000000000000000000000000000000000000000000000001 % approximately.

M1

[primafacea]

Re: Deal - Ash25

Hi,

Have you received a copy Directions Questionnaire served upon you by DEAL?

You may want to write to the County Court to which your claim has been transferred and ask for the case to be struck out based on the fact that the Claimant has not served a copy of their Directions Questionnaire to you and the fact that the Claim Form was signed by a "M Shwarts (Solicitor)", there is no such solicitor in the Law Society's records, and the Law Society's fraud unit has confirmed in emails that this is a fraud. Anything to keep the pressure up.