Hi.. I Went shopping in Gloucester today, i parked my car in New Inn Lane behind the Natwest Bank in the high street. I have parked here many times before with no problems. There were also many other cars, vans and even a bus parked there as well. But it's not an officially car park as i have just found out. I have closely inspected this forum and checked the ticket. Everything is correct and no missing details...Dam. I had no idea you couldn't park there and didn't see any signs. I have received a Penalty Notice Charge of £70 by Gloucester city Council. 1. Should i just pay it and except that i must have missed been a muppet and missed the signs? 2. Or Is it actually worth fighting it, I mean what's my chances and what's my next move? 3. I could spin them a really good sob story about my elderly disabled mother needing the toilet or something , what do you rekon? I like a good fight and £70 does seem to be a bit "unfair and excessive", and that's words i haven't used since getting all my bank charges back.!! They have offered me a discount of %50 if its paid within the next 14 days. Don't know if that makes any difference. Thanks.

I can come to court with you if you need some moral support?

Got another letter from dg saying i will get paid in 7 - 10 days. Also on friday i got a letter sayoing my stay was removed and that pre trial review has been set fot 4rd july. So looks like everything is finally coming to a conclusion. After many months of worry, 100's of hours reading, researching and letter writting. Im finally going to be getting my money back. So a big thanks to everyone who has helped me, you know who you are. Don't worry though, now im more experianced and in the know, im going in for a second round as soon as my money is bagged.

Dont worry you will get your offer soon, if it helps i could meet up with you next week in gloucester so we could compare each others case? Planning on sending this out today, you think it's alright? Claim no: 7QZ16127 Filed on: 09/02/2007 Rachel Tomlinson, Thank you for your recent proposal of the 14th May 2007. I gratefully accept your offer as full and final settlement of £1150.00 for this claim. I require you to refund the above stated amount, representing the total, unlawful amount charged during the last 6 years by cheque. I hereby give you 14 days to refund the charges. This claim will continue until a final settlement is reached. Please kindly acknowledge the receipt of this letter. This letter has also been copied to the court. Sincerely, MR. G.Wilkinson

Good news today DG sent me a letter offering the full settlement. But as usual they do not admitt any liablity. As i know that's not the end of the story though. Now i have to get it. Im sending a copy of the letter to the court so as they know whats going on.

Got it all typed up ready, cheers. So if an offer doesn't come, when you planning on printing of the court bundle? You been to cort before, i have not and will be bricking it if gets that far. Also do you know if it gets to court can you claim back all the postage, and the 100's of hours of research and work that it has taken so far to prepare and bring your case to court?

querkyone do you have a copy of your big nudge, i think im going to need it to.

so it sounds like Judge Singleton can be a bit tricky, anyone else here have a hsbc case with the same judge ethier in progress or won?

I know im not supose to do this with regards to froum rules and double posting, but this is off track a bit from my original thread below where i already posted this. So today finally i was expecting it in writting that i could file for judgment instead i got a letter saying that DG had requested a stay and that it has been granted by the judge that this is now an order. WTF! getting very angry with DG now. So i quickly fired off a letter to the court today. Dear Honourable Lord Justice Judge Singleton. In response to your order of 8th May, the claimant respectfully objects to the stay imposed on this case. The claimant would like the order of stay to be removed and for this case to proceed as quickly as possible. Grounds for claimant objecting to the order are: • The defendant has already had more than enough time to move the case forward and its is believed that the defendant is purposefully stalling this case. • The defendant has had several opportunities to move this case forward; this is supported by the letters the claimant has sent to the defendant. Copies of these letters are included for your review. • The claimant believes that applying a stay to this case is unfair and after the proposed stay ends on July the 1st this case would be no further forward than it is now. • The claimant believes that the defendant has already settled many similar claims in a much shorter time scale. Sincerely MR. G.Wilkinson Hope i have done the right thing?

So today finally i was expecting it in writting that i could file for judgment instead i got a letter saying that DG had requested a stay and that it has been granted by the judge that this is now an order. WTF! getting very angry with DG now. So i quickly fired off a letter to the court today. Dear Honourable Lord Justice Judge Singleton. In response to your order of 8th May, the claimant respectfully objects to the stay imposed on this case. The claimant would like the order of stay to be removed and for this case to proceed as quickly as possible. Grounds for claimant objecting to the order are: • The defendant has already had more than enough time to move the case forward and its is believed that the defendant is purposefully stalling this case. • The defendant has had several opportunities to move this case forward; this is supported by the letters the claimant has sent to the defendant. Copies of these letters are included for your review. • The claimant believes that applying a stay to this case is unfair and after the proposed stay ends on July the 1st this case would be no further forward than it is now. • The claimant believes that the defendant has already settled many similar claims in a much shorter time scale. Sincerely MR. G.Wilkinson Hope i have done the right thing?

Ok so today as suggested i just rang the court and spoke to a very nice lady who informed me that she personaly just reffered my case to the judge about 10 minutes ago! what a bit of luck. Anyway she said it's entirly up to the judge what happens next, but expect to have something by the end of the week. She also said they are running 2 days behind due to volume of bank case's, cool. Thanks all so far.

yea i phoned the court at 4pm on the 25th. This was DG's last chance. The letter clearly states - it is ordered that the defence will be struck out AQ is not filled. This was already there 2nd chance to do so. So can i go ahead and file for judgment, or is it better to wait for a letter from the court just to make sure? Ive totally had enough of writting to DG, i have decied from here on in it's just going to be court action.

I already did read that link, and i have already sent them 2 letters in 2 weeks giving them a reminder that im still here. This link is reffering to cases where defence is not recived. I have there defence. DG failed to submitt an AQ.

Nope they never did file there AQ in time, i rang the court and checked. That was last Wednesday. Does this mean i have won? So how long do i wait to apply for judgement? What form is the best one to use? Is there any advice on filling it in?

Checked my online banking today, to see if i have picked up any charges this month because i have struggled with money so far this month. Lone behold there it is £166 so far this month, balls..... So i sent a letter to my branch today, asking for them to remove them or i would add them to my pending claim which i think is coming to an end, hopefully. 2nd AQ dealine for DG is 25th or struck out. Was this the right thing to do? Can i add more to my court claim at this late stage if they don't take em off? I gave them 10 days to respond. or else.

Just got an order from gloucester court saying my case would be struck out if i did not send a more detailed particulars of claim wich they are now calling a statment of case. I have been pointed to one on this forum and have modified it to suit. Im sending it tommrow. Also the the judge has ordered that if dg dont send in there aq by the 25th the defence will be struck out. I think this is very likley given dg's work load. So what happens then? How do i proceed if there defence is struck out.

Ok got a draft "Statment of case" as ordered by the judge, just getting it proofed by someone else, then i will put the main body of it up to see what you think?

yep just had a look at that, looks very good. Woh ever wrote, what a top bloke. Do you think that will be sufficant for them, can't really think of anything else they would need to know? If it isn't i dont expect they would tell you right? Probably just strike it out. Not many other people seem to have had this sort of problem this far in?

Yes, but what about section 2 of the order stating that the claim will be struck out unless i serve a further statment of case, what ever that is.

With the help of this forum i have as far as i know done everything exactly by the book. But today i have fallen off my horse. I recived a letter from my county court stating that (and i quote): IT IS ORDERED THAT 1. Unless the defendant files at court a allocation questionnaire by 4pm on or before 25th april 2007 the defence (and part 20) shall be struck out. 2. The claim is stayed on the grounds that the claimntsstatment of case discloses inadequate particulars of claim. Unless by 4pm on 25th April 2007 the claimant serves a further statment of case that sets out the full particularsof the claim, the claim will stand struck out. Ok, now im very worried. 1. What dose all this mean? 2. What else do they need to know - did i miss some thing? I need some help working out what i missed and what to include in a new particulars or statment whatever, very confused. The particulars of my claim exactly as i put it on the origianl claim form. The claimant hold's the accounts xx-xx-xx xxxxxxxx / 81224476 with the defendant, conducted on thier standard terms and conditions since 1993,. The defendant from 09/11/01 to 30/05/06 has applied charges to the claimaints accounts totaling £841.50. The defendants charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrcoverable at common law. The precedent for this was Murray v. Leisure play (2005) EWCA Civ 963. Also the defendants charges are contray to the unfair terms and conditions in consumer contracts regulations 1999. Para.8 ans sch.2(1)(e). The claimant has asked the bank to refund the charges or offer that they are a true pre-etimate. The claimant claims no more than £841.50., being the sum unlawfuly debited. The claimant also claims interst under section 89 of the county courts act 1984 at the rate 0f 8% a year from 09/11/01 to 30/05/06 of £188.58. Still with me, please give me your thoyghts or that's it it's all over and the Man wins!! Help me stick it to the Man... Please excuse the spelling mistakes, i can assure there were none in the important documents because 3 diffrent people checked em. Just tend to type to fast.... Thanks..

Yes i think your right. Was only a crazy idea. Thanks.

Great. Thanks. Will send it off this week. If it's possible i will rip the AQ pdf and fill it in with generic details ie xxxx's then post it back to the forum as a really easy example for prople to follow. What do you think?

Hi, today i got my allocation questionaire. Im going to use the notes form the CAG template library to fill it it, but should i send it of now, ie tommrow and get the ball rolling. Or wait until like the day before it's due in? Also bit concerned it's been transfred to a county court and not a local court does this matter? It's an hours drive ecah way to the court and will i be able to add expenses into my claim? Thanks.

Today i logged into mcol and it says hsbc have filled a defence and that the case can no longer continue online. I am no very worrried, i didn't expect it to get this far. What happens now? p.s can a mod please move my thread to the right section.

hi, HSBC Acknowledged my mcol claim on the 14/02/2007. What happens now? Thanks. Gavin.