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    • Yes that's right-Parking Eye are usually very good at getting their PCNs compliant with the Act. So both being out of time means that PE cannot transfer the liability for payment from the driver to the keeper. So only the driver is liable to pay the PCN not the keeper. I understand from you that at least one of the keepers was not driving at the time which puts them in the clear providing PE are not told who was actually driving on that day. However even if with the other car the keeper and the driver were the same person the driver can still successfully argue that they are not liable to pay. The arguments are that there  appears to be no entrance sign advising that the car park is now private. That no signs were there advising that this was a new car park as it was at that time. That the signs are prohibitory so even if PE do have a contract with the landowner, the contract cannot extend to the motorist as there is no  offer other than no parking for those without a permit. You cannot form a contract with motorists trying to park if you are not allowing them to park there because they do not have a permit.  In those circumstance [parking without a permit ] you may be considered to be trespassing but only the landowner can sue for that not PE. And its not worth the landowner suing because the cost of suing would probably not outweigh the fine for trespassing.   PS  I sent you a private message-not about your case.    
    • Please accept my apologies for the delayed update, but i have been trawling through emails for supporting evidence, you see we are in the consultation phase and there will be three meetings during the process. So as i have said  my role is at risk due to the scoring and mine being low. As explained i never received my report as my line manager left during December and i was on leave. So i was not afforded any meeting, i received no feedback at all, so how am i meant to know any areas to improve or to attain a higher grade. So with this in mind i gathered my supporting evidence, i found the email from my then line manager and the objectives that he set out and we agreed.   I then supplied 20 emails that  showed that not only did i reach the targets, i smashed them, highlighting areas that i had saved the company a considerable amount of money, idented issues  implemented process and solutions with ongoing support. All emails are verified and prove that i should have received the highest possible grade going by their criteria. I also included the email from HR when i challenged  the score and they replied with " the outgoing manager supplied thorough feedback to the incoming interim manager who should have provided this (this was never received, and report i received was blank with just a score. Highlighted was the email from HR stating " a two is not a concerning grade"  well clearly it is as less than a month later it is what was used to decide i was at risk. I have supplied this information to the line manager and the external HR rep that was on the call as i have 48 hours to supply this. Had i had a proper and fair review like everyone else had then i would have been able to provide this evidence when he issued the score, he could not argue with the sheer volume of evidence that i had. This proves what was said to me when i took this position, " there was some politics in me getting the role, their line manager had promised the role to one of his guys, they cant really do anything but watch your back" He should not have promised this anyway as two interviews were required in the process *which i sat) so i earned the right to the role. This was because the three of them knew there was a lot that would be uncovered and they wanted it covering, i started to see this after two weeks, had i not said anything then it would have looked as though i was incompetent or stupid. I did try to work with them on this to remedy but sadly they went the other rout instead.    
    • He'll be asking Truss for advice and help next ... or maybe go straight to a lettuce He already asked Swella How do you survive all those breaches of ministerial code etc She is rumored to have replied - dunno - if the positions were reversed, I'd have sacked me in without a seconds thought
    • Dear Stu. I have been very annoyed that they put this fee on my account right now, as you said the court might rule that i have to pay it further on. This sounds like a dodgy practice. Below is what the account manager sent to me when i asked her why this was getting added to my account right now. Is this legal what they are doing i.e. pre-empting the judges decision it seems. 'Thank you for the email.  The court fees have been added to your account as you have not vacated the property. If the court decide that the landlord is not able to recoup the costs, we would remove the charge from your account.  At present, the court costs have not been deducted from the payment you made towards the rent.'
    • Yay!! Plan to submit tomorrow. Thanks for all the support. I'm so out of my comfort zone. Will keep thread updated and continue reading. Just want them gone!   
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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HSBC vs SupermanX-Victory after OFT


SupermanX
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Thanks

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I would like to thank everyone on this site for their valuable advise and help. Without this site it would have been a lot harder to fight the banks.

 

My special thanks to;

 

lateralus, rob-the-viking,freakyleaky and castlebest.

 

My court date was last week, the judge rejected the HSBC's attempts to stay. HSBC's solicitor decided to withdraw their representation once the stay was rejected and I won by default.

 

What was quite helpfull in my case against their attempt for stay which i would recommend is that one should emphasis and point out to the judge D&G's delaying behaviour during the claim; missing deadlines, showing no respect to the court procedures & the court's authority, wasting court's time etc....

 

Their solicitor was claiming that i didn't send my court bundle and they didn't receive an objection letter from me to their intention to apply for a stay. I was lucky that i had sent all my vital documents recorded to D&G, I produced those at court-Very useful

 

My total claim is 1975.01 pounds, I also managed to claim the following;

 

postage, interest @8%, transport, bundle preparations (printing costs @20p per page).

 

Make sure you have the breakdown of your costs as well as your total amount when you are at court, it is easy to forget items to claim...

 

I will be making a donation to this site.

 

Good luck everyone

SupermanX

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Excellent news. Well done..:) As Pete has said could we possibly have your claim details eg Claim Ref No. and the name of the court that was dealing with your claim, so that I can add it to the list of settled claims.

 

Congratulations

 

JW

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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  • 4 weeks later...

Hello and well done, you are one of the few,how did you argue the case, what did you put together in writing to present,lots of us are at trying to fight the stay you won,great,majority dont,what so different re your case, it would be great for you to write up the arguement on the day or as you have given claim no, can this/transcript be got onlinie, if so how so, it is so rewarding to hear your success this inf from you could assist thousands of us, me am at court again this friday for a 2hour time slot to hear/discuss the stay.

Terrified, with the problems to date, you could help me AND L;OTS OF OTHERS.

DIZZY BIZZY

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Superman's court had struck out the defence due to abuse of process (DG Solicitors had yet again ignored the court and missed deadlines to submit their doucumnets)

 

we have had a few successes along these lines but it does depend on DG's lack of response to the courts directions.

 

pete

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I second dizzybizzy, would realy like to hear what happened in as much detail as I'm in court in a fortnight today and hoping for some strong arguements to lodge.

 

Also be interested to hear how you managed to claim costs and what form you submitted for that.

 

Thanks

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thanks for the feedback, but what did dg miss to do, it seems they do/have not done much rgarding the courts and got away, they did not send in a bundle to the court by the said deadline in my case and seemingly most of all the others or did they, when i found out they had not and before the court date i wrote in to the courts and asked to be "struck out" heard nothing went to court in front of the judge she said doesnt matter they will or would have argued the points of law, my case was about 8 days after the oft filing of court, she wanted to move onto the stay i objected, not enough time to duiscuss, resheduled for this friday for TWO HOURS !!

so should they have sent a bundle in to court as me by the date, if yes why was it not struck out, is this not an abuse of process.

spoke to the court today to try and get copies of case, impossible, but given a little info"judgement given by default"

i am also told that a "lay representative"casnnot represent the claimant.

 

would be very pleased to receive any/all comments as within this.

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Castlebest thanks for the response above, have watched you and your colleagues for months, my thanks, only due to you lot giving the support you have/do are we able to "go forth" me us on computers, i try.

 

you say have had some success on the way, you have done great, anyone able to give more success claim no's SINCE the oft filing to assist me,thanks. dizzy bizzy

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freaky leaky, thanks for that, it helps me. can you healp re lay representative, to represent another at court with/for the individual, am told a mckenzie rep/friend cannot but just assist, lay representative can i was told but told by judge NO.i have after hours found a reference to "CPR 27 Representation at a hearing" but cannot find a reference to CPR, please can you or anyone help me asap. dizzy bizzy

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