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  1. A very common scenario is that people wishing to send a parcel to someone else use a parcel broker/price comparison service to identify a suitable courier company – rather than go directly to the courier company. This means that when you make a contract to send a parcel, your contract is with the parcel broker and not with the parcel delivery company. This happens especially with people who send parcels because of eBay sales. Typical scenarios are: Through eBay, you make a contract with Packlink who recommend a number of couriers and you select one, typically Yodel or EVRi. Through the Internet, you make a contract with Parcel2G
    6 points
  2. I wanted to create this post in order to help those who may find themselves in the same situation as me. I also used older threads by individuals on here and it helped me to successfully beat Royal Mail in Court. Here’s my story I sold my iMac computer on eBay to help to raise some money during the cost of living crisis. I successfully sold the computer for £550 and shipped it the same day. I purchased a secure box, 2 wraps of 15M bubble wrap, multiple packs of bumper wrapping paper and I packaged the box in accordance with the Royal Mail guideline’s (this is important to note for anyone reading this currently looking to submit
    6 points
  3. In May last year I sent a watch by Special Delivery Guaranteed before 1PM to Casio for repair. When the watch arrived at Casio’s repair centre the padded envelope was ripped and the watch was missing. I claimed through Royal Mail’s website for compensation for the loss, but despite apologising for failing to meet my expectations and admitting liability, they stated that under the terms of the product I had failed to meet the criteria where they could provide full compensation. They provided no more information than that, but they did include a cheque for £7.65, which was the cost of the service. I spent five months going through the var
    6 points
  4. Without boring you with the reason, I recently calculated the success rate for Caggers in court hearings against the most litigious of the PPCs over the last couple of years or so, and it was about 85%. So what about the other 15%? Two things stood out. Firstly, rubbish judges. Secondly, complicated cases where the person taken to court was not the person liaising with CAG or where the person was abroad and trying to take part in the hearing on-line. Thus alarm bells ringing in my head about your case. Then the problem with PALS is this. Let's imagine they are all cooperative and agree to call PE off. Some PALS have indeed bee
    6 points
  5. Ok, for you that want to know more detail..... The judge kept things simple. And different to what I'd expected. Claimant was represented by another company who have no affiliation to CEL (I introduced myself to them before the case and asked for their name). They indicated in Court that I had overstayed the time and were liable. I then made comments on both my witness statement and the claimants, citing all the feedback from CAG. The judge asked the Claimant representative about their witness statement. He asked if p35 was a list of registrations who had paid which was answered as yes. He referred to p31 where the Morriso
    5 points
  6. The worst that can happen, should you continue to ignore this, is that you will be convicted and sentenced in your absence. What the sentence may be is a little difficult to say as you have not told us what offence you have been charged with. There are a number of possibilities, including offences under TfL bylaws up to fraud (a criminal offence which can carry a custodial sentence). You will be informed by post (at the same address as the one you gave) and if you ignore that, enforcement action will be taken against you. This may see bailiffs or enforcement officers attempting to enforce any financial penalties and may ultimately end in
    5 points
  7. @honeybee13, @Helpme24 if it's OK, I've done that. Got some new software I'm looking for excuses to play with apologies for butting in though. Helpme24's Wright Street Southport photos -1.pdf
    5 points
  8. @BazzaSOMG that is so true. I will reply to SRA with what you had mentioned and will let them know I will now take it further. SRA thinks they can just brush me off just like that. I will also look into making a complaint to the Legal Ombudsman so I can give them more hassle like what they did to me! I am so disappointed with all parties involved, DVLA, CEL, DCBL and now SRA. Felt they like are all brushing me off and tried to scam me. No wonder why most people just give in. Hopefully the Ombudsman will take this seriously, but let's see! I have learnt so much going through this and thank you to this group for your great support.
    5 points
  9. Can I point out to Billy Williams that the Bulk Centre in Northampton is not a County Court in the normal terms, it is merely and Administrative office situated in St Katherin's House with a number of computer terminals and operators. It is a means of streamlining civil claims relieving County Courts around the country from having to deal with the repetitive initial claims of some types such a parking which can then be dealt with through Money Claims Online (MCOL). All that I can see from your thread is that you have picked up, from some unknown sources, a hash mash of terms, many of which do not apply to Private Parking . Much of
    5 points
  10. dx and Nicky Boy are spot on. The fleecers may be writing to the correct address now, but there's nothing stopping them having another go in three months' time say, deliberately sending the court papers to the wrong address, and you'll have a backdoor CCJ. We've seen it happen. So invest in two 2nd class stamps on Monday and send off the following. Make sure you get two free Certificates of Posting from the post office. Once that's done we can move on to the SAR. Dear DCB Legal, Re: PCN no.XXXXX firstly, would both you and your client kindly note that I no longer live at XXXXX but instead now at XXXXX. Next
    5 points
  11. Don’t like it? Just ask them to remove them. That way you won’t have to pay a standing charge. Sorted. Then you can get on to your mobile phone provider and charge them for having their Sim in your phone. Do let us know how you get on, (even if it means going to the library to access the internet because you have no electricity at home, and no mobile service ………)
    5 points
  12. While you are to be applauded for all the work you're putting into the case, there is such a thing as preparing too much. As dx says, it will all be over with in 10 minutes. Keep anything you say as short & succinct as possible. Something like "If I may, I would like to bring up the matter of set aside application costs. I have plenty of evidence with me that I told the Claimant I ran a business and had every right to load & unload, yet they continued with a vexatious claim. I would like to claim the £275 costs of this application."
    5 points
  13. I took the bull by the horns as I didnt want any issues when I die and my beneficiaries unable to handle it Result :Cabot have Closed their account Letter states I Believe that you remain responsible for this account However due to the age of this and the time that has passed I have made the decision to close the account. You will not be contacted by us or our agents again regarding this matter Onlyme again My letter to Cabot; I DO NOT ACKNOWLEDGE THIS OR ANY OTHER DEBT OR ALLEGED DEBT TO YOU I WILL NOT PAY ANY MONIES TO YOU FOR THIS OR ANY DEBT OR ALLEGED DEBT In previous correspondence you state that the al
    4 points
  14. I've hidden the post that contained the image of the court order to ensure the confidentiality of the child
    4 points
  15. Following a review of multiple companies under its supervision, the Financial Conduct Authority (FCA) said it found evidence some firms were offering customers less than what the written-off or stolen vehicle was worth and only increasing that offer when a customer complained. UK watchdog concerned over insurers' valuation of written-off or stolen vehicles (msn.com)
    4 points
  16. . Intrepid there is nothing pleases me more than our members getting money off the rogues. However I feel that your over aggressive way of going about it including the speed with which you are doing it may count against you. By counterclaiming you have prevented them from withdrawing their claim prior to Court which, had they done so and it quite likely that they would have, that would have strengthened your case. So bad could have been their their case that you might not have had to take them to Court -just the threat might have been enough for them to come to a settlement. Telling them that they hadn't included their contract would
    4 points
  17. Donated . Thank you to each and everyone of the site team who helped me. Will update when I get the payment and this is closed.
    4 points
  18. Hi I have just had a good read of that letter and it is actually nothing to do with the shortfall that you paid £1000. What it is to do with is the claim you are making via the HSS Scheme for the Post Office Compensation due to this shocking scandal which in you case was going back to 2005/2006 approx. So your HSS Scheme Claim although recent is to do with 2005/2006 and as you went Bankrupt in 2006 and were then Discharged as the Claim as stated is to do with 2005.2006 it is then classed by the Insolvency Service as part of the Estate when you went Bankrupt. I know its disgusting that a Government Body The Insolvency Servi
    4 points
  19. Dear CAG Members, I've stumbled onto this forum following Google searches following receiving a letter from TFL of my stupidity of using my Partner's Freedom Pass. Multiple other cases, e.g. here, here, here, here and and here. They're still worth looking over, if only to familiarise yourself with TfL's approach. As you say, every case is different. There's no excuses for my actions Fundamental. The main thing TfL want to hear. Prioritise this. First sentence. These passes are issued on a condition of trust; there's no absolute entitlement, which is why TfL treat it so much more strictly that an 'ordinary' misu
    4 points
  20. Good afternoon i have received amazing news by letter, they have wiped out all the penalties, recalculated my income tax and sent me a cheque for £317, i checked online and the penalties are gone, my balance is now £641, i'm delighted with this result i can't believe it. I think i will pay this cheque towards my balance too. I started a new job at the start of the month so things are getting better for me. You are a star and you went to great lengths to help me and i really appreciate your help.
    4 points
  21. @makkyinuk I'm a school Chair of Governors and I've been on many staff disciplinary panels over the years so I hope you don't mind me giving you some advice on presenting your case at the hearing. I know you are rightly incensed about the shop manager's breach of GDPR, but pursue that as a separate issue with the shop and don't drag it into your school disciplinary hearing and especially don't put it forward as any type of defence. Because your whole defence to the allegations is that didn't you steal anything, you are innocent, you are falsely accused. So why would you want to use a technical GDPR defence to stop the disciplin
    4 points
  22. none of their business!! and why have you been blindly paying DCA's on debts . running the statute barred date to infinity for 20yrs??>>> stop all payments to everyone and dont you dare use a penny of your pension to pay any debts off!! a DCA is NOT A BAILIFF!! thread title updated
    4 points
  23. Slightly belated, but they're well cool! Great idea. It's also nice that, in the true spirit of Christmas, they can be machine-gunned too Yippee ki-yay!
    4 points
  24. The big thing to me is this part... "A consideration period of at least 5 minutes (for the driver to consider whether to stay and park or to leave the Car Park without parking) will be allowed, and a grace period of at least 20 minutes will be added, to the purchased time," So, at least 5 minutes consideration and at least 20 minutes grace period, which is added to the purchased time. (Purchased time was 0:00). This gives at least 25 minutes total. No wonder the naughty PPC redacted that part of the contract!
    4 points
  25. Stop the trash talking. If you really believe you are correct, “put your money where your mouth is”, otherwise it is all just talk (and just going round in circles, too). Simples. But, chances are you won’t (based on how things have gone to date), because talking about it validates it in your head, and actually doing it might bring the delusion crashing down around you.
    4 points
  26. Eh? The PCN was the NTK. The alleged incident occurred on the 28th September and the PCN was sent on the 9th October There are so many things wrong with it that even had it not been issued on land covered by Byelaws it would still have not complied with the Protection of Freedoms Act 2012.. All that means is that only the driver is responsible for paying the charge. There is no onus on the keeper to pay it. As there are hundreds of motorists who can drive your car they will have a hard job finding the driver especially as the Courts do not accept that the driver and the keeper are the same person.
    4 points
  27. But that has happened to me on more then one occasion when the amount of cabin baggage has exceeded the space available for it. What should happen is that the ground crew explain what they're doing and give the passenger an opportunity to retrieve anything they need during the flight. If they don't do that tha passenger needs to be assertive and clearly say "Wait! I need to get something out of the bag" and not stay silent. @SueRyanAir - as everyone else has said you have no grounds for a claim against Ryanair on the basis of negligence or distress or for you worrying that something might happen that didn't actually happen. The
    4 points
  28. Hi @SueRyanAir, I'm sorry that you felt distressed due to imagining what could have happened with your power bank, but I want to reassure you. There was indeed a plane crash in 2010 in Dubai, UPS flight 6, which was caused by Lithium batteries catching on fire. But there were no passengers, it was a cargo 747 jumbo jet that was packed full with thousands of batteries, which all subsequently caught on fire via a domino effect and effectively led to the crash. It was a very sad story which led to the lithium battery regulations that we have today, and passengers being asked not to pack lithium batteries in the hold as a precautio
    4 points
  29. Don't worry about producing a long section. Just put. DOUBLE RECOVERY XX Under "The Claimant claims (iii)" Ms Atkinson refers to "instructing solicitors". The claim already includes legal representative's costs at small claims. Inventing a further £70 is a badly-concealed attempt at circumventing the small claims cap. It is irrelevant what the Claimant's biased trade association (itself a breakaway from the British Parking Association, which dealt with appeals far too leniently for the likes of the Claimant) deem as lawful, it is the law in England & Wales which decides what is lawful. The addition of fictitious sums to t
    4 points
  30. So, have you had a chat with Mum? Is she up for a court appearance? If so, the team will offer their help. Yes, your case is good, but... there's always what's known as Judge lottery. If you get one in a mood, or not really up to speed, or any other number of things, it could go pear-shaped. No guarantees... However, we've an 85% success rate in court helping other Caggers. Is mum the "charming little old lady" type? ------ This is a frustrating situation. Reapstar appears to be the type of user we like here... Up for the fight. Unfortunately, his personal circumstances make it difficult. Anot
    4 points
  31. I agree that it is worth an appeal as the PCN is non compliant into the bargain. Under Schedule 4 S9 [2][e] - (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; There is no mention of the keeper paying to Charge. Therefore the PCN is not compliant so the keeper is not liable. Under Schedule 4 S9[2] [a] (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; There is no mention of the period of
    4 points
  32. They may be sending the letter again in the hope you've moved and they can get a backdoor CCJ - or they may just be stupid. Probably the latter. In any case you need to "snotty letter" them again. How about - Dear Kev, Re: PCN no.XXXXX cheers for yet another Letter of Claim. It's always nice to hear from you! How many of these are you going to send me? You've already been told. I'm not paying. If you feel confident enough to convince a judge I owe you something even though you were paid and suffered no loss and the whole thing is legally "de minimis" and you were contacted within 24 hours of the parking eve
    4 points
  33. Presuming you've sent the above to PALS, I would also put in some work this weekend and see if you can get the hospital's/trust's CEO's e-mail address and send it there too. Belt & braces. Given the situation with your mum and your move abroad trying your best to get the hospital to intervene is a must.
    4 points
  34. Ok, so first the preachy bit: it seems you bought a very dear ticket that's non refundable, for a trip which you weren't sure you'd be able to travel, and without having any travel insurance. That's obviously not something someone should ever do, but I'm sure you've already learned your lesson by now, so... moving on. Swapping your ticket for another ticket You'll need to check your ticket conditions very carefully from when you bought the ticket, or paste them here. Some airlines allow changes "for a penalty fee" even on non-refundable tickets. Some airlines do not. Also swapping the destination city within the same region is al
    4 points
  35. Vondoothoven DX is right the only choice you have initially is to reply to their Letter of Claim. If you go chasing around the country trying to get it cancelled you will have CCJ before you know it. Please follow the instructions above on post 2 so we can see what they have on you. Then you can respond showing them that you are going to fight them if that's what you want. It may well be that there is a way to get out of paying anything but obviously we will need some info from you -and that starts with the Claim form. Once we have and your PCN as well as some dates it will give us a clearer picture of the situation. The chances o
    4 points
  36. You should begin your complaint with the ICO immediately. If you were to be in receipt of a view given by the ICO that supports your claim by the time you submit a witness statement then your chances of success will increase dramatically. It's much easier for a court to rely on the opinion of a government body such as the ICO in support of your claim than by your evidence alone. VCS probably started litigation in the hope that you'd give up and pay. I'm not sure the exact timings of when you submitted the SAR however if it was after they issued their second claim it may have been your request that woke them up the reality their clai
    4 points
  37. I haven't read through every significant detail. In reference to a claim relating to the incomplete disclosure, do you have a clear understanding of what is missing from the disclosure and can you evidence this in some way? Have you begun a complaint to the ICO, if so have they provided their view? This is something that can be done concurrently to a claim. There is a risk the ICO don't provide the view that you agree with but this doesn't prevent you from seeking remedy through the court system. With reference to the breach of GDPR it may be better to particularise how it affected you rather than what affected yo
    4 points
  38. Great news, I'm going to pop down the car park later, as long as I am able to find a suitable parking spot, and take photos of all the signs
    3 points
  39. Look - apologies. When we won the persuasive judgement about POFA my thoughts were - at last we have a persuasive judgement - StoryBoard is going to court soon - StoryBoard can use the persuasive judgement. It completely slipped my mind - again - that you had outed yourself as the driver so POFA is neither here nor there in your case. Sorry, all your time on the phone was wasted as you can't use the judgement. FTMDave holds hands up. As a tiny justification we are all volunteers here and it's hard to remember every detail of every case, I just presumed like most users you hadn't appealed and hadn't outed y
    3 points
  40. Evening, Just to add here - essentially that means that the claim is being dealt with as "box work" This is common practice for claims of mininmal value, that the court don't view as needing an in person hearing. Box work means that the judge can decide such claims within 10-15m. It's actually quite common, and my local CC deals with some claims on paper even if N180 says no. However, normally, depending on the court, you can send an email with the following at the top "PLEASE PLACE THIS EMAIL BEFORE THE COURT WITHOUT UNDUE DELAY" in which you can ask that the matter is listed for an oral hearing. I had this once for a PM
    3 points
  41. Hi again all. I'm posting this for others now, more than anything else. I today received a further letter, more of the same, with the caveat bold and underlined, 'failure to respond or make payment will result in this case being prepared for court without further notice to you'. Payment requested by the 28th Feb. I will continue giving this no oxygen and no response. Thanks again to you all.
    3 points
  42. If it turns into a matter under the conduct, safeguarding or performance policies, at that point, there is a right to be accompanied; but not for an initial fact find. Might be a load of something and nothing that just needs a chat to clear up. Also I have 20 years HR experience and am minded not to post again, so thanks for your views!
    3 points
  43. it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and ar
    3 points
  44. If - and it's only an if at this stage - it's not all cut and dried with work in the future, you need protection in that regard too. You were asked whether you were in a union. You gave a wrong answer! Join now: if this goes to a tribunal later, they will know exactly what to do, both legally and administratively, and have entire departments working on your side. And bearing in mind the school will presumably be in breach of its statutory obligations (GDPR, duty of care etc.) they'd happily take it. They also know exactly what it is that the HT should/shouldn't have done, and probably better than her! But join now before it becomes
    3 points
  45. Even if you changed your name, you are still a different person, with a different date of birth, national insurance number, different credit records etc etc. It is a bit like coincidently having 10 John Brown's living in the same block of flats. They are all different people. This all appears to be part of a mental health episode, where thoughts are not rational. Your ex is spending money to make them happy for a day on pay day and then not able to deal with the consequences. Again evidence of poor mental health, where they need to be receiving professional help. Best advice is to stop the destructive ways of dealing with
    3 points
  46. It looks as if the notice is at the entrance to the car park. There is an awful lot of information to observe in the short time that a motorist drives through. So seeing there is a three hour stay is probably all that most motorists need and don't even pick up on the other part of the sign that limits the time to 45 minutes. The PCN is not compliant as it misses out a key piece of information . Schedule 4 Section 9 [2][e] "(i)to pay the unpaid parking charges; As they haven't invited the keeper to pay the charges on behalf of the driver ECP cannot transfer the charge for the driver to the keeper. Only the driver is now liable
    3 points
  47. its std practice. to exchange witness statements (its not a defence!) actually thinking about i , if you dont get theirs by say 23:55 on the day it due, there is no harm in youremailing it even though you've said not to use email play them at their own game!
    3 points
  48. One more thing, I just read some reviews on C.A.G and it was not good, to quote one reviewer "Avoid this site, it's full of ego's competing to be the biggest A*****E". How I laughed. As Nellie Pledge once said "I'm going now and I won't dorken your darkstep again".
    3 points
  49. Hello, welcome to CAG. Let's slow this down a bit as you're rushing ahead. It's almost guaranteed not to go to court and if you read around this forum you won't see anyone who's posted here has been to court. The police weren't involved so there can't be any kind of penalty from them. What you may get is a letter from a civil firm like Retail Loss Prevention or as it's Sainsbury's, it could be some lawyers called DWF, I think it is. They can't do anything to do apart from write begging letters because only their client can take you to court. We don't know of a retailer who's done this over minor
    3 points
  50. It wouldn't/shouldn't be treated as income, as you are selling personal items and not running it as a business. You can sell as many personal items as you like.
    3 points
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