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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Congestion Charge


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In April 2004 I was driving to Bolton to see my family as i live at the other end of the country.

My girlfriend was going to London to see her Mother at a hospital up there and was going to get the National Express.

 

 

I said as i will be going near London i will drop you off just inside London and you can get the underground to the Hospital.

When we got to London we got diverted due to road works and got lost.

 

 

I dropped my girlfriend off and started to try and find my way out of London.

I must of entered the Congestion Zone though i didnt know it or anything about it at the time and finally managed to get my way back on the M25.

 

 

There was no reason why i should of gone in the Congestion Zone in the first place other than getting lost and hence didnt really think anything of it.

 

 

I then went up to Bolton and after

 

 

a week got home to find a PNC for driving in the Congestion Zone.

I thought :eek: come on i wasn't even suppose to go in there and they want £40 for a £5 day pass if i had of paid.

 

 

in went my appeal as i felt unjust in getting this on the basis of

1, didnt know about the CC

2, Got diverted which got me lost off my track which made me end up having to go in there when there was no need.

there were other factors which i can find but dont want to bore you.

 

Well about a month later got a letter saying your appeal was unsuccessful.

If you want to appeal to an independant person you can.

i did again appeal in May and heard nothing back from them.

 

Then come November 2005 a knock on the door from a baliff while i was up in Bolton again and the girlfriend answered the door. They have come to sieze goods if i dont pay the £260 odd pound for the fine. :eek:

 

Gets straight home from Bolton which was 300 Miles to sort it out and rang up the congestion people.

They said your appeal was unsuccessful in Feb 2005 and you were issued with the £40 fine and if you dont pay it up it goes 2 weeks later to £80 and so on.

 

 

Well i didnt recieve this that the appeal lost

 

 

off to the county court to issue an out of time declaration on the basis i didnt receive the appeal decision.

They turned that down i went further with it to the courts who upheld my out of time declaration.

 

now i am thinking i have lost my appeal on having to pay(Which i think is wrong)

but hey ok after all this hassle i will pay the £40..

 

 

Rings up the Congestion people to pay and they say sorry we not recieved the papers back yet from the court to say you won your appeal and even so the fine is now £80.

 

EH???

rings up again in June (two months later)

sorry still not received the papers.

 

 

i contact Northampton and they say yes we have sent them the papers about your out of time declaration being successful.

 

 

can you resend them to them please. Yes no problem.

 

Then last week gets a notice through the door from CC

i have to pay £120 immediately. :( what is going on.

 

 

Contacts them again and they say they still not received the papers. :-x

 

 

Can you contact them again and ask them to resend them back out.

 

 

I said go do it yourselves.

Why do i have to be the middle man in all this going back and fourth.

You contact them they will tell you directly problem solved.

No they wont do that i have to contact them.

Told them to stick it and i will see if i can take them to court over this hassle.

 

This is now over 2 years over a paultry £5 which i didnt think i should of got and should of won on an appeal.

 

Anyone got any ideas ????

If you find this info useful please click on the scales in the bottom left corner of the thread :wink:

 

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Hi

 

You could try contacting 'Citizens Advice'. What you really need is a solicitor or at least proper legal advice, but beware, you are dealing with an organisation that in my opinion is totally autocratic. A fly in a spider's web has more chance of escape than someone caught by the congestion charge.

If you live outside London and are not familiar with the way the scheme operates, then avoid driving into the city. There are no toll booths, no clear warning signs, no information for innocent visiting strangers, just cameras. Not like speed cameras, painted yellow which are more often than not preceded by roadsigns with pictures of a camera or even large worded warning signs.

We talk about unfair bank charges. The way Congestion charging operates is to my mind, nothing short of legalised extortion - unfair, unscrupulous and loathesome. You are given six different grounds for appeal. No other 'excuse' is accepted. Retrospective payment is not accepted but the longer it is before you ultimately pay, due to appeals etc, the more you are likely to have to pay.

The hub-centre is based I think, in Coventry. Phoning them up, they don't want to know! It's up to you to know about the scheme and pay up before you use it.

I already feel sorry for those people going to the Olympic Games who will get stung. Bet Seb Ccoe didn't include that in the promotion blurb and boy oh boy, will that add to the congestion. I bet they can't wait!

My daughter's group had done a gig in Islington, the last but one of 25 over 30 nights supporting The Fall on their British Tour. They were shattered and rather than drive back to Manchester through the night, they booked into a hotel in King's Cross. Leaving at 7-30am next morning, they were caught on camera leaving!!!! London at 7-55am. They never saw the camera or anything else warning them. First they knew was 3 weeks later.

Be careful that you are not throwing good money after bad. I really sympathise with what you have gone through but whilst I appreciate the problem of traffic congestion, in my opinion, their present charge scheme is unfair, makes a mockery of traditional British justice and should be scrapped.

 

PeterG

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