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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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    • 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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Just thought i would log in and update everyone and also i need a bit of moral support. I am currently awaiting a court date. Rbs have defended my claim, i have sent off allocation questionaire. Before i was sent this i received an offer of approx half the claimed amount i have refused this and am really having second thoughts as i have heard nothing except a copy of their allocation questionaire. So i am panicking a bit it would be nice to hear from people who have been as far as this i am convinced they are going to make an example of me and take it all the way.

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don't worry Sharon, loads of success and moral support.

 

I have just sent my first letter to RBS and have 2 claims with Barclays both going through the courts at the mo.

 

Good luck and don't let the buggers get you down

Biffinplate

 

My Lass - Barclays Bank

MCOL 24/10/06 £2524.47 + 40p per day

Court date 5th March 07

Barclays offer to settle in full, Just waiting for my cheque

 

 

Me - Barclays Bank

MCOL 8/11/06 £2155.17 + 34p per day

Court date 4th April 07

Court bundles delivered 26/02/07

 

RBS - Sorted

Cap One - Sorted & default removed, just waiting for cheque

Barclaycard - S.A.R - (Subject Access Request) Sent

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Hi Sharon,

 

I am at roughly the same stage as you but I am about to apply to the courts as they offered me half as well.

Don't get down hearted........my thoughts often go to "will it be me they make an example of" but I am determined to go through with it.

 

Can the banks afford to go with it and risk losing?????

 

Go girl! hopefully in a few weeks you will be updating to say you have been paid in full and you will wonder what you were worried about.

 

Batty

make the most of today because tomorrow you can't go back ;)

Batty_uk

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