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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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i need help for pre trial hearing in wigan court


louiseashton
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because no one has posted on it for the last 6269 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

HELP!

 

Is anybody available to accompany me to wigan county court on tues 20th feb ot 10.45am? i have a pre trial review hearing and i dont have a clue what to expect. I keep reading things about 'directions' i don't know what these are and i didn't send any with my AQ.

 

I'm terrified of the thought that i've not done something i should have, i've read through other threads but i can't see the information i need.

 

If anyone can give me any information about this i would be forever gratefull

 

Here is the link to my full thread

 

cheers

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/20659-louise-rbs.html

~~~~~~~~~~~~~~~~~~

Royal Bank of Scotland

~~~~~~~~~~~~~~~~~~

Total 2319.95

*Prelim letter sent 5th august

*LBA letter sent 21st august

*Go away letter recieved 22nd august (bit late!!)

*Claim filed with county court on 15th september

*Court acknowledgement on 2nd october

*Defendant acknowledgement with intent to file defence on 3rd october

*Defence letter recieved 28/10/06

*goodwill gesture of 1200 recieved 3/11/06

*AQ posted 21/11/06 deadline 24/11/06

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Louise

 

Calm Down!!!

 

Read this link re the new strategy for AQs

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Create your own draft order for directions.

 

There is also another paragraph which could be tailored to suit below it with an explanation of where to use the Draft Order.

 

This should help immensly to the judge.

 

Best of luck

 

 

RBS Account 1: Won

RBS Account 2: Won

Capital One: Won

Capital One (Wifes Card): Won

RBS Account 2, round 2: Won

RBS PPI: Won

 

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