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    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
    • urm......exactly what you filed .....read it carefully... it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue. you need to get readingthose threads i posted so you understand. then you'll know whats maybe next how to react or not and whats after that. 5-10 threads a day INHO. dont ever do anything without checking here 1st.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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thanks for that.still havent heard anything yet,how about you gizmo111.gettting a bit sick of waiting,but nothing i can do i suppose

 

Yeah I am getting a bit fed up now - 28 days is the 24th for me so I am expecting to hear in week - I wouldn't be as lucky for them to not issue a defence!

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The 28 days were up for the NatWest on friday but i still havent heard anything.What am i supposed to do now.Have you heard anything yet gizmo.

 

I haven't heard a thing - but haven't had todays post yet. I guess this is the point where you go to court and ask for judgement - if you issued MCOL you can do it on line.

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I haven't heard a thing - but haven't had todays post yet. I guess this is the point where you go to court and ask for judgement - if you issued MCOL you can do it on line.

 

Nothing in todays post - this is so frustrating.

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the 28 days for the reply from the solicitors were up on friday and i still havent heard anything.does anyone know what i am supposed to do next.do i leave it til the end of the week or enter judgement against them.

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I found this matter a little confusing,when I read my acknowledgement from the court it says, the defendant has 28 days from the date of service of the claim form with particulars of claim.

I read this to mean from the date the court served particulars of claim on the bank, am I wrong then?, would really like to be sure about this because the bank filed two acknowledgements, one dated 10th august, the other dated 17th august.

if it is from when the court served the papers on the bank, the time will be up on monday 4th september

CHRIS WATKINS

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i think it is the time from when the courts served the papers.the 28 days are now up on mine and i have had no reply so will be applying for judgement today.Does anyone know what happens after that.as i havent seen anyone else that has had to do this.

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i think it is the time from when the courts served the papers.the 28 days are now up on mine and i have had no reply so will be applying for judgement today.Does anyone know what happens after that.as i havent seen anyone else that has had to do this.

 

You send the baliffs in - My 28 days are up tomorrow so I will be applying for judgement Friday.

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its normally 28 days from when they acknowledged it.

 

It's 28 days from the day the claim was started. 14 if they don't acknowledge.

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it was acknowledged on 25/07 so the 28 days are still up from that date.ill try again today if there is nothing in the post today.have you heard anything yet gizmo

 

No I haven't - my 28 days is up today - ack on 27th can't understand why you can't get judgement, have you spoke to court cos my calculations make your 28 days up 2 days ago - so you should have been able to get a judgement yesterday.

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just been onto mcol.they have filed a defence.they are disputing all the money owed to me.it said i will be notified of the court it will be transferred to.im worried now.what should i do

 

Wait now for a/q. When did they file defence?

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