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    • T911, Nick, thanks, I got there in the end! Without boring you with the details, it is precisely the most ridiculous cases that end up being lost - because the Cagger knows the other party's case is rubbish so doesn't do the necessary work on their own case. G24 are well aware of double dipping.  They have either done it deliberately or else have cameras which can't handle multiple visits to the car park which G24 happily leave malfunctioning so the £££££ keep rolling in. Sadly most people aren't like you.  I've just read various reviews for the Retail Park on TripAdvisor and Parkopedia.  Virtually all of them are complaining about these unfair charges for daring to spend time & money shopping in a shopping centre.  Yet no-one is refusing to pay.  They moan but think they have been fined and cough up. G24 are unlikely to do court, but it's not impossible with two tickets. Try to get evidence that you were elsewhere at these times. Often retail parks will intervene, but I've Googled & Googled and cannot find an e-mail address for the place.  Could the manager of one of your favourite shops give you a contact e-mail address for the company that run the retail park? Right at the moment I'm supposed to be teaching someone who runs two shops at the local shopping centre, but I'm not as he has had to go to a meeting with the company that runs the shopping centre, so I know for a fact that these business relationships exist!!!
    • Afternoon DX, The files were in date order. How would I put them into an acceptable format? I'm not that pc literate.  
    • I think you need to tell us what actually happened. Your original post gives the impression that you were taken to court for a speeding offence. But you go on to say that you received no paperwork. So you could not have been summonsed for a speeding offence because the police had no evidence that you (or anybody else) was driving (and it seems you were not anyway). You were probably summonsed (or more likely received a Single Justice Procedure Notice) for "failing to provide the driver's details." You would not normally be banned for this offence if you were convicted - it carries six points. So did you have any earlier points which meant you were liable to a "totting up" ban?  If you were originally convicted (as it seems you might have been) how was that conviction set aside? Did you perform a Statutory Declaration? There is simply too much missing for any meaningful help to be given. It seems as if there may have been an error by the DVLA but before you consider suing those idiots until the cows come home, you need to explain exactly what has happened.  
    • Point 4 and 10 duplicate Point 5 and 8 duplicate  Try to keep to one para with regards the agreement...various paras duplicating the same. Statement of truth is out of date refer to the claimants statement    
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    • 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.

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

      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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Help Urgently Needed Northern Rock Small Claim Refusing Further Info


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Ok, as you have filed your AOS, you have 33 days from 28/7 to file your defence, you have sent the claimant a CPR request which they say they dont have to comply with, this is rubbish, but is normal for them.

provided you get your defence in in time you should be ok.

The fact that they have failed to respond to your CPR18 request is in your favour, and will go into your defence.

 

Just to be sure of the facts,

1. have you ever sent a CCA request for this, and have you had a reply to it?

2. Have you ever recieved a Default Notice for this?

3. have you had Notices of Assignment from both the original creditor and CL for this?

4. Who is the original creditor?

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Have you got another thread running on this one mate just checked and there's about a dozen threads there?

 

Are you saying you have NEVER recieved a copy of an aggreement on this?

And you have never received a default notice?

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Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Ok, so you filed your defence in time,Who is the claimant now, as on the front of the claim form?

Can you post up your defence, without any personal details, this will help going forward.

 

On the plus side mate, if you have asked for and not recieved ANY of the relevant docs i.e. agreement, default notice, notice of assignment, and nothing in response to your Cpr request, then you are in a strong position here.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hi again, a bit of background here CL are part of Lewis group/ cohen solicitors, they always say they do not have to comply with the CPR, which is rubbish.

Your defence is very thin, i wish you had come here sooner, but no matter, since you have filed a defence this will now be moved to your local court, the other side will have 28 days to decide whether to continue, if they do then the next trhing you will get is an Allocation Questionaire, this thing appears at first to be daunting to most people on here, but isnt really.

 

Come back if/when you get it, you can then make diections for the court to order that the other aside provide all said documents.

 

Dont worry too much at this stage, you havent made the best of starts on this, but you can still get this right.

For instance when AQs have to be submitted, they have to pay again and you dont!

Regards CCM

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 3 months later...

I could certainly sort out a proper defence for you,on the basis that you have had no co-operation from the claimant with regard to any further info on this claim, but, will it be allowed? i.e. would you have to make an application to the court to file an amended defence now.

 

I really think it would be worthwhile contacting the court to find out your options...an Application Notice would cost £45-£75, but is recoverable should you win. If you phone them, write as well you need a paper trail.

 

 

That reply from the judge looks unusual, but you didn't go about defending the POC in the normal manner.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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