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    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕
    • Though it would be Highview you would  pursue. DCBL are nonentities-on their best day,
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
    • Six months of conflict have also taken a heavy economic toll.View the full article
    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
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    • Hello,

      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.

      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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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      Many thanks 
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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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Successes


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To help people follow successful claims I've included a quick summary here with links. If I've missed anyone off please reply to this thread. If you win post on here. Please do not post any other questions or comments otherwise these will be deleted. You might like to cite these successes in your correspondence or in court against a strike out.

 

ERC

 

1.Alliance & Leceister v Country Bake ERC and charges small claims No defence filed

 

http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/54285-countrybake-l-erc-charges.html

 

 

2..Gmac v Lainey under 5K paid out before issuing a claim

 

 

http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/37279-gmac-redemption-charges.html

 

3.Alliance & Leicester v Maverick ERC under 5K paid out couple of days after defence submitted

 

 

4. .Alliance & Leciester v Giveitmeback ERC under 5k paid out without filing defence

 

http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/30224-givitback-alliance-leicster-erc.html

 

 

5.Birmingham Midshires v Paulwlton ERC under 5k paid without filing a defence

 

http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/20238-paul-midshires-erc.html

 

6.Leeds and Holbeck v Carriex paid up with out issuing a claim 4,800

 

http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/8885-my-mortgage-fees-were.html

 

7.BM v Lickthewall 6.4K paid out without defence

 

http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/8885-my-mortgage-fees-were.html

 

8.Rob s v northern rock mortgage exit fee small claim paid out with out issuing

 

http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/17473-mortgage-discharge-fees.html

 

9. Thunderpuss v BM fast track paid up without defence

 

http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/16014-thunderpuss2k-birmingham-midshires-halifax.html

 

10.Lizzy v BM fast track paid up without defence see Thunderpuss

 

11.Dayglo v NatWest paid up soon after claim issued

 

http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/28516-dayglo-natwest-mortgages.html

 

12 Zoot v Halifax small claim paid up without defence

 

http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/19501-zoot-halifax-mortgages.html

 

13. Graemec v Standard life – paid out two weeks before court Eversheds defending on basis of no breach. Small claim

 

http://www.consumeractiongroup.c o.uk/forum/mortgage-companies/34426-gc-standard-life-bank.html

 

14. Saraounia v Mortgage Express negotiated out of 13K

 

http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/32616-saraounia-mortgage-express.html

 

15.ED123 Mortgage exit fee. Returned without issuing a claim:

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/61418-ed123-mortgage-exit-fee.html

 

16. UKAviator v Birmingham Midshires settled for 1/2 of claim. DLA Piper defending

 

http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/30295-ukaviator-birmingham-midshires.html

 

17 Biffa v BM settled for 3/4

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/41995-birmingham-midshires-erc-so.html

 

 

18. Les Gunn v Abbey settled in full

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/36221-me-abbey-mortgages.html

 

Late payment/arrears/failed dd

 

1.Dolly v Halifax £400 refunded without issuing a claim

 

http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/15094-dolly-halifax-mortage-arrears.html

 

2.Mortgage Express v Nathal paid out without defence

 

http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/30224-givitback-alliance-leicster-erc.html

 

3.Birmingham Midshires v Biffa under 5k paid without defence

 

http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/42809-birmingham-midshires-you-will.html

 

 

4.Halifax v Mcuth paid out without issuing a claim - small claim

 

 

http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/10747-mcuth-halifax-mortgage-arrears.html

 

5.A&L v Philip Hindly small claim paid out with out defence

 

 

6.Halifax v Zoot paid out without defence small claim

 

http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/19515-zoot-halifax-1st-mortgage.html

 

7.Gizzy v BM small claim paid out without issuing

 

http://www.consumeractiongroup.c o.uk/forum/other-institutions-successes/13823-birmingham-midshires-refund.html

 

8. Donelly v Gmac small claim paid out days before court after issuing a counter claim

 

http://www.consumeractiongroup.c o.uk/forum/mortgage-companies/32915-these-guys-gmac-don.html

 

9. Sandy v Gmac small claim paid out just before court after trying to multi track

 

 

http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/7223-sandy-gmac-rfc.html

 

10. Martdj v GMAC 4K

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/65715-gmac.html

 

11. Meled v Northern Rock

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/49082-me-nothern-rock.html

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  • 6 months later...

Have just been givenitback!! by HSBC. 3870.10p after charges deducted!! They took my card from me when i tried to check balance and have refused to give another one!! Have to go with passport/driving licence to withdraw.

What the hell i now have a new car,cooker,fridge three piece suite and new floor in front room and kitchen. Thank you all who supported and helped.

The cashier was really frosty at first,the next day another one smiled and said congratulations!!!

Did you know it is unlawful for the bank to deduct money from your account if you are on income support? if this happens calll them imediately. Manys a week i have had to go without money due to charges.

push on and upwards you all!!

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  • 4 years later...
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