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    • Hi I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof? 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No    Have you had a response?  n/a 7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice'  
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
    • Evening all,   So today, I was sent an updated offer that includes the £12.60 I spent on letters, but they have declined to add the interest at £7.40. They have stating 'We acknowledge your request to claim interest to date, however, this would be at the discretion of a trial judge if the claim did proceed to a trial hearing.' I think I am content with this outcome, and pushing this to a trial for a total interest of £15.30 throughout the claim does not make sense to me.   What are people's thoughts? I am sure our courts have better things to concentrate on?
    • FFRSG3424ListofEvidencepdf-V1 2-merged.pdfFFRSG3424ListofEvidencepdf-V1 2-merged.pdf 2pages T&C,s UCM
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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Welcome secured loans/charge - sold to Alpha/Prime -repo received - ***Claim Dismissed***


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Well its simply to hear the claimants application to amend their particulars (as the order states) 21st March 2018.

 

The hearing on the 26th March I presume is a continuation of the claim ...although I have not see a Court Order regarding this date and hearing.

 

Andy

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court order in 1205 now

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Should I be posting stuff somewhere else as anything that’s if importabtce you don’t seem to see? Even though it’s put in here as soon as I get it and before I send stuff I always ask is it ok to go and what I need to do.

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court order in 1205 now

 

As per my post #1227 DX

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What do I need to take with me next week.

 

Am I likely to be asked if I agree to the amendment as it’s what I queried in my defence by saying they are contradicting themselves by giving various incorrect dates and were they even sure on when these events stated in pic took place.

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The court decides in reality...very little you can do but object.

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I would have thought their poc should be watertight before they issue these claims.

 

Not a mash up of inconsistent dates and conflicting and false info.

 

Very true...but we must adhere to Legislation and that the Gods that be.

We could do with some help from you.

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Then the court should dismiss their application to amend and dismiss their claim.......:-)

We could do with some help from you.

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There are no sides in litigation...the issue will be decided on the facts.... law and process.

We could do with some help from you.

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change of POC will be heard on the same day as the repo

that all you needed to write cruz

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I could really do with some help and guidance as to next weeks hearing.

 

My head is lost with it all.

 

I’ve half done a skeleton arguement.

 

Do I pull up their inconsistencies.

 

Is the judge likely to go through my defence and their reply paragraph by paragraph and compare

 

I don’t know what to do

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Dx I had your inbox. I don’t quite get it

 

The stuff above where the facts are you gave to me.

 

Do I just outline the facts and give that to the judge. The bottom part was bits of a witness statement, also in post 1115 where do I use all that?

cruz.txt

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the 1st sentences before where the facts are you gave to me.

 

you repeat yourself

just tidy it up to be breif and factual.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thank you. Is this skeleton arguement for me or is it to be handed to the judge before Monday

 

Dx as per post 1245 I’ve sent you the amended copy.

 

Just had a letter from court they’ve brought the hearing forward 2 hours on mon

 

Just rang the court to see why the change of time. The time it’s been moved to is the time they allocate for bigger cases. This is getting scary now

 

Can some please tell me if I need to print this skeleton arguement to give to the judge or not.

Edited by dx100uk
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This is far from over I’ve got to go back in 4 weeks.. he wanted it next week but solictor said they wouldn’t be able to get docs.

 

The charge is staying put I don’t think I put got the point across. The judge said it’s for further monies borrowed.

 

He almost quashed the possession with the fact of the 8000 Ppi refund meant that I wasn’t in arrrears at all. But now at 19 months ahead in payments.

 

Solictor argued that the 231.49 monthly installments would still have to be paid.and remained outstanding so therefore I was in arrears and that should come off the balance owing. It turned into a heated debate between the judge and the solictor.

 

He could not find anything on the loan agreement that stated this.

 

I then argued that if the amount of repayments were 231.49 at the months owing then it would mean the claimant is still charging interest.

 

The judge wanted to know where does it say that. So I pointed it out on the possession claim. And that I’d had it in notes from welcome finance. I didn’t have it so he sent me home to get it and adjourned for and hour.

 

He wanted it finished today to remunerate but the solictor had another appointment to get to and she said that she would have to go back to the claimant.

 

Also the loan agreement stated 8% then old welcome statements has 7.8%

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And the solictor argued with the judge that is was not in my defence that I was ahead with payments and it was just the judges opinion..

 

He said no its the opinion of the court.

 

The hearing was about 2 1/2 hours in the end.

 

Next hearing he said to allow 3 hours.

 

Judge is retiring in 8 days so pushed to get it all done today solictor refused.

 

But he said he will organise it so he is allowed back to finish case off.

 

Solictor today was heavily pregnant so she won’t be able to come back next time either

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