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pickle29

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About pickle29

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  1. Hi, don't know if it's relevant but it may be should this matter ever reach the courts. The car park for Aldi in Upminster is not owned by Aldi, it is leased by them from Havering Council. If I understand some of what I've read, both the parking firm and Aldi must be licensed to hold the Data from CCTV images (& probably the council too). This may form a good basis for any court claim to be thrown out ( but I'm sure those of a legal persuasion will correct me if necessary)
  2. LOL I thought that too, but I couldn't think of another way to put it
  3. Thanks Ting, I'm sure the notice to owner had a bit on it which said under grounds for appeal that it had to have been served within 6months of the offence date. Grr I wish I could find it. Going to go look for it whilst I wait for OH to come home.
  4. Ok, I'll have to wait until my techie OH comes home 'cos I dont know how to do it myself. One thing I was wondering was could I maybe claim that the paperwork was issued out of time? ie. The Notice to Owner (which I cant find) was dated 10/6 but not received by me until days later because it had been delivered to a neighbour's address. Now 18/6 would've been 6 months after the date of offence so therefore it was received by me "out of time" ? Don't know if that's right but will get doc's posted up asap. Thanks for all your help so far.
  5. Sorry I'm probably being dim, do you mean you want me to post a copy of the documents?
  6. That's great Ting, thanks for all your advice How would I find any of this out? I know my Local council was pulled up a few years ago for issuing invalid tickets which only showed one date ie date of offence but not date issued & they had to cancel all tickets issued but how would I find out if there was any problem with what was issued to me?
  7. Hello to you very knowledgeable people, Pleas could someone help me with a Charge Certificate which I have received from my local council? It relates to a parking offence on 18/12/2007 which I shall explain. 18/12/07 I was parked in a Disc Parking Area & displaying a parking disc, however, I had not realised that the disc had run out some time previously. I don't dispute the offence but it being nearly Christmas etc I'll be totally honest I forgot all about it. June 08 A neighbour brought round a letter addressed to me from the Local Council the actual address on it was 4 B******s Close & I live at 24. Fortunately/Unfortunately the neighbour knew my name & brought the letter down personally. Naughty me I ignored it, but it said that I had to pay the fine within 14 days or further action would ensue. This was Headed Notice to Owner 20/8/2008 Neighbour delivers a further letter from the council headed Charge Certificate Road Traffic act 1991 addressed to 4 B******s Close not 24 but with my name on it. So what to do now?? The certificate says I must pay £90 within 14 days but should I? I admit the original offence but none of the following paperwork has been correctly administered by the council (wrong address) I know DVLC have the correct address so this is an error by the council, I'm happy to pay the original fine but If I do nothing now I will get a debt registered against me, etc & the charge certificate threatens County court & Bailiffs Any advice? (and yes I know I should have just paid it at the start)
  8. Thanks Saintly, I called the court & they said the case is in front of the judge for him to give directions & I should hear in the next week whether I need to do an AQ & If I have to pay regardless of whether I do an AQ or not. Will send off my SOC & spreadsheet to Barclays & the court again.
  9. Sorry, my numbering seems to have gone a bit awry, this is a 10 point defence:o
  10. Hello all, Well as expected Barclays have entered a Defence I was kind of hoping they would forget me & I would be able to enter judgement, but no such luck so here goes.... The particulars of claim do not provide details or particulars of the account in question and/or the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the Claimant incurred Bank charges on the Claimants account for unauthorised borrowing (whether unpaid fees for returned cheques “Paid Referral fees” or any other such fees) the defendant puts the Claimant to strict proof of each charge and the date thereof. The Particulars of Claim are summary in nature. Accordingly this defence id summary in nature and the Defendant reserves the right to amend this Statement of Case in due course. The Defendant is entitled to charge the Claimant for unauthorised borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the account was opened, including (in particular but without limitation) the following terms and conditions (which are summarised. a) The Defendants right to charge a “Paid referral Fee” where the Defendant pays an amount (either by compulsion or election) which causes the account to become overdrawn - £30 (previously £25) b) The Defendants right to charge an administrative fee if any cheque, standing order, or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30) c)The Defendants entitlement , if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance. The Defendants standard terms and conditions give the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the claimant exceeds the authorised overdraft limit) If, and to the extent it is the Claimants case that the failure to make necessary payments and/or failure to remain within authorised overdraft limits and /or failure to arrange an authorised overdraft constituted a breach of the terms applying to the account ant that the contractual entitlement to debit charges from the Claimants account constitutes a liquidated damages clause, the same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms and conditions of the account and were consideration for the Defendant advancing credit to the Claimant, which the Defendant was under no obligation to advance. The Defendant was entitled to impose such charges and interest when the claimant incurred the overdraft. Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such terms constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999, or the Unfair (Contracts) Terms act 1977. (or any other provision) or are unreasonable within the meaning of s.15 of The Supply Of Goods And Services Act 1982 (or indeed any other provision). Therefore it is denied that the charges were unlawfully debited from the account. If, and to the extent the Claimant incurred charges on the account, this was caused by the claimant having gone into overdraft without having agreed with the Defendant an authorised overdraft facility or to increase the overdraft facility and / or the failure to make payments to bring the balance of the account back into credit. It is averred that the said charges are and remain lawful and enforceable and that the Defendant was entitled to debit the same. Therefore the Defendant denies that it is liable to the Claimant for the sums claimed and interest as pleaded or at all In the alternative, and without prejudice to the matters stated above, if ( which is denied) the said charges and interest or any part therefore are unlawful or unenforceable as alleged by the Claimant or at all, and the charges were a consequence of the breach of contract by the Claimant, the Defendant has nonetheless suffered loss and a damage as a consequence of such breach of contract in allowing the account o go into unauthorised overdraft. Accordingly in the event that the Defendant id unable to rely on its express entitlement to enforce the charges as set out above, it will seek to recover to the extent necessary such loss and damage as it actually suffered which will not necessarily be limited to the value of the said charges, and the Defendant seeks to set off such sums against any liability owed hereunder to the Claimant. Now I filed the POC as suggested by CAG so I know that paragraph 1 means Barclay say they haven't received it in full even though I sent it to the and the court.So I will send in my spreadsheet agiain & hope they get the message this time. Is there anything else in this defence I should be worryin about or is it pretty standard? Along with the defence MCOL ordered that the Allocation questionnare be dispensed with unless the District Judge at the Court of Transfer disagrees. The case has been transferred to my Local court, Romford. Am I right in thinking I just need to call them to find out if the AQ is being dispensed with & If I need to pay the fee? Anything else I need to do now?
  11. Hi I called MCOL & it seems I got my sums wrong a bit I Thought I had to count from the date the papers were deemed served but MCOL tell me I have to add 5 days so I have to count from 9th June. So.... defence must be in by Monday (since B's get an extra day to allow for the weekend) so if nothing by Tuesday I can file for judgement (although MCOL say if a defence is filed within 48hrs of that they will accept it anyway. So roll on Tuesday.... although I fully expect a defence to be filed before then
  12. Hi, Thats a good idea. Why didn't I think of that Think I was just getting all excited that maybe I wouldn't have to go all the way to the court door to get my money back. I'll give them a call tomorrow.
  13. Hi Guys, My MCOL claim was deemed served on 4/6 and was acknowledged on 14/6. Barclays 28 days have been up since Monday & still no defence. Should I go for a judgement now or wait a bit longer??
  14. Indeed! especially with the summer hols approaching. I'm just enjoying watching my 8% growing daily & looking forward to a settlement in time for Christmas
  15. Well, at last Barclays have realised I exist & made an offer.... £1225.00 against my claim of £2194 I have sent them the standard "Go Forth & Multiply" letter and await them filing a defence to my claim which is due next week:D
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