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    • His financial situation isn’t great, and the landlord has made lots of things up. The things he’s put isn’t true at all. My friend did tell the full truth with incoming and outgoing, I helped him fill in his form and he checked bills etc. to make sure it was right. His wage is ok, but not as good as the landlord thinks it is,  and he doesn’t have anything spare. How much are they likely to take from him? Should he send any reply?  the letter just says to take the court letter with him. 
    • Hi and thanks It looks like they ticked all the boxes to me but I'll try and upload the notice. I was wondering if a witness to late delivery might be considered proof - I'm assuming they posted it as normal but Royal Mail stuffed up delivery. If not then they're really saying it just has to be posted within 12 days of the incident, regardless of when it is received. Annoying! pcn front.pdf pcn back page.pdf
    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
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Test case vedict - what does it mean to me?


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Morning all!

 

Not been on here for a while since my case was stayed by the judge in August, but I'm digging out my paperwork, dusting it off and picking up where I left off - I think?!

 

What does the verdict mean? What do I have to do now or will the court process get moving all by itself again?

 

I would be grateful for any advice in idiot terms please!:p

 

Vicki

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Arses!!

 

Just read the BBC News story and I quote:

"Cases currently on hold in the county courts will stay on hold until the end of May, when the banks will decide whether they are going to appeal against the ruling."

 

Bottom Burps!

 

Vicki

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hi , im same as you got stayed in court in sept /oct , dunno if we have to apply for stay to be lifted or not im trying to find stuff out , just keep reading diff forums i guess some one will post answer soon enough :)

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I so hope that they dont appeal, I guess that will hopefully thrash out a deal behind closed doors where they can agree on say £1.00 per charge and we all get lovely fat cheques sitting on our mats within the next few weeks.

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Looks like it could take up to 12 months or when the case is finally resolved which ever is soonest.

The banks will surely appeal, we will just have to wait and see this looks like going on and on and on

In the mean time they can continue to rip us off

 

 

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I really don't think they will appeal, they are struggling enough to get people to bank with them, what with the credit crunch, so if they look like the good guys and pay out, they might think we will plough the money back into their coffers. (fingers crossed I am right).

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I really don't think they will appeal, they are struggling enough to get people to bank with them, what with the credit crunch, so if they look like the good guys and pay out, they might think we will plough the money back into their coffers. (fingers crossed I am right).

I am loving your optimism Jules. I hope you are right.:D

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I really don't think they will appeal, they are struggling enough to get people to bank with them, what with the credit crunch, so if they look like the good guys and pay out, they might think we will plough the money back into their coffers. (fingers crossed I am right).

 

 

Also the interest will be building in the meantime!!

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I havn't had the time or inclination to plough through the whole of the 119 pages of the judgement and there is no index, so my question is " is there anywhere in this judgement that relates to the Abbey National's historic T&C's and in particular their reference to a "Breach of contract" between the bank and the customer.

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I so hope that they dont appeal, I guess that will hopefully thrash out a deal behind closed doors where they can agree on say £1.00 per charge and we all get lovely fat cheques sitting on our mats within the next few weeks.

 

I feel if the banks and the OFT did thrash it out between closed doors and between them came up with a reasonable figure for charges, the banks would curtainly save some face. I worry the longer this goes on the more changes there are of the government getting involved and we all know who's side thet will take.

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I havn't had the time or inclination to plough through the whole of the 119 pages of the judgement and there is no index, so my question is " is there anywhere in this judgement that relates to the Abbey National's historic T&C's and in particular their reference to a "Breach of contract" between the bank and the customer.

 

I did plough through it all its heavy and there isnt a refference to the "breach of contract" although it is stated that their current terms and conditions arnt written in a way that makes them clear to joe public

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Hi CAG

 

So for all that have had "Stayed" Cases what happens next, Do I contact the Small Claim Courts, will the Small Claims Court Contact me, Do I contact the Bank or will they Contact me. If this was the other way round I bet the letter would have arrived in the post by FedEx from thee Banks I wont my day in Court or pay my charges and s69 interest with it back asap thus the "Credit Crunch" wont be a lack of it cash crunch I can pay off two credit cards and finally burn them for good "NO MORE CREDIT!".

 

So I hope some one on this forum can explain what we can or cannot do, As I assume I contact the Courts for my "Stay to be un Stayed and expect another Court Date!.

 

Regards

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

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Basically we have to wait till the 21st May to find out if the banks are going to appeal. If they are not going to appeal we have to wait for the OFT to decide if the bank charges are fair or not, after that the OFT and Banks have to settle on what is a fair rate of charge. I imagine that if the banks are not going to appeal we will be able to go to court to get the stays lifted, however I doubt very much that any judge will want to decide a case until the OFT has finished its investigations. No doubt someone out there will correct me if i am wrong.

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