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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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A Couple Of Queries ***WON!!!!!!***


Laura Cooke
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I am putting the date I send items in on the draft paper

 

Still no idea after looking thorough posts what attatchemnts are to send to bank solicitors?

 

Do I send the items in or take them in?

 

Would appreciate answers if anyone can answer them for me by Tuesday afternoon

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What date do I put in under 3. on Draft Order?

 

Should I take items to court?

 

What do I send to Lloyds Tsb solicitors? do I send them copies of everything I am sending court?

 

WOULD REALLY APPREcIATE A RESPONSE

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Laura

The date is the date of your claim submission. ie; if you take it today, then today's date.

I am not an expert on what items to take to court, but I suggest you just take 3 copies of your expenses schedule and particulars of claim to the court, and ask them once your there if you should also send a copy to the defendant's solicitors ?

The court are impartial, so although they will not give you advise on the details of your claim, they will direct you on procedure rules. It is to their benefit also to make matters run smoothly.

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Thanks I better go to court today as your reply does not address what I want, under number 3 of the draft general form for judgement I have been unable to see any details on the site as to how to fill it in, so I have done what I think fit but it states "Defendant to pay £xxxxx, to claimant by 4pm on xxxx it`s this that I don`t understand do I put a date in there or do I leave it blank? as I have no idea what date would go in there I don`t know how long the bank get to pay up I have read no details on the site of this

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Well I went to my local County Court what an ordeal the clerk said there was no such thing as "Wasted Costs" she said any costs I wanted should have gone on the original claim, I tried to explain that I couldn`t claim till after the case as I had to wait and see if LLoyds Tsb intended coming to court, she then said "Well you haven`t turned up either have you" I said I hadn`t but only because they had settled and the letter and documents I had brought with me explained this

 

She went to see someone higher up who also said I had received the charges back so that was the end of the matter

 

I asked if she could let someone see my paperwork who understood things she said she would show them a particular Judge who dealt with Banking but she said I had no chance of asking for things once the case had settled she said I had amples of time to have done this before they settled, I left bewildered and she could not tell me if the draft order was correct she said "I`m no expert" at which I replied "Neither am I" she said "Who as given you all the information and told you that you can claim even more money, I said "The web site on my stickers" she said "We have no knowledge of the internet"

 

so I have come away feeling a bit stupid really as I could not argue points when she clearly had no idea what this claim is

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  • 3 weeks later...

Received this today, would apppreciate advice please at what will happen next if anyone knows.

Dear Sir Madam

I referred your letter dated 21st May to the District Judge who comments as follows: If the claimant wishes to claim costs he should attend the hearing and make his claim. He should send copies of his application to the defendant in advance of the hearing

 

Will the LLoyds Tsb know about this hearing or only if I let them know, what will I have to do apart from send the paper work? and should I send the paper work to their solicitors or the bank?

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Hi Laura

:p

I really wish i could help with all your questions, but i am not really in the position to offer advice in regards to this as i have only just recieved form N244 from the court, in which to apply for a wasted costs order.

My court have told me that a hearing will be required and as yet i havent really made a decision as to wether to go through with it. I want to out of 'principle', but not sure i can be doing with the added hassle at the moment.

Keep an eye on GaryH thread. He has his wasted costs hearing soon and will therefore be able to better advise.

XxXxX

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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  • 2 months later...

Went to court on Monday for the wasted costs orders met up with a lot of others doing their bank claims solicitiors representing HSBC & Abbey were trying to put a stay on the cases there to see what the outcome is going to be of a "Test Case" so looks as if banks are fighting back several people had not even turned up so had been frightened off, it is a daunting experience, I advised a couple of people who were there and told them not to accept a stay due to the stress they had already been under, one lady I advised was taken into a back room the Abbey settled their and then after a phone call

 

HSBC had not sent in the court bundle on another case so the woman won that

 

Anyway my claim for wasted costs was £340 the judge said he was fed up of LLoyds TSB in particular wasting peoples time he said he was disgusted to hear that we`d had no response to the letter to tell them we were applying at court for wasted costs he said unfortunately he could not award more than a 3rd due to rules so awarded us £130 he was very nice and kept us no more than 2 minutes

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Well done Laura !!

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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  • 3 weeks later...

Well the deadline for Lloyds Tsb to pay my son his wasted costs came on 3rd September I rang the court and told them son had not had the money go into his account they told me to ring Sechiari Clark & Mitchell and to tell them they were to pay immediately or enforcement proceedings would be taken, I didn`t ring them I sent them recorded delivery letter telling them failure to pay the costs "Forthwith" would result in enforcement proceedings, they would have got the letter on the 10th September on the 12th September the £130 wasted costs amount was credited to sons account so that concludes our state of affairs with the bank charges, thanks once again for help and advice given by the members on here

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