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    • Which Court have you received the claim from ? Civil National Business Centre If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) Name of the Claimant :           PARKINGEYE LTD Claimants Solicitors: (if one is stated)   Date of issue – 22 April 2024   Date for AOS - 11 May 2024 Date to submit Defence - 24 May 2024 What is the claim for –  Claim for monies outstanding from the Defendant in relation to a Parking charge (reference *************) issued on 22/01/2024.  The signage clearly displayed throughout Welcome Break Leicester Forest East (North), Northbound, M1, Jct 21/21a, Leicester Forest, Leicester, LE3 3GB states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including the payment of parking tariffs, by which those who park agree to be bound (the contract).  ParkingEye's ANPR system captured vehicle ******* entering and leaving the site on 16/01/2024, and parking without paying to park and parking tariffs apply after a free stay period.  Pursuant to Sch 4 of the Protection of Freedoms Act 2012, notice has been given to the registered keeper, making them liable for the Parking Charge payable upon breach. What is the value of the claim? 100.00 ? Amount Claimed 125.00 court fees 35.00 legal rep fees 50.00  Total Amount 210.00 Have you moved since the issuance of the PCN? No Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Y dated 10 March 2024, no reply
    • Obviously I'm ignorant and don't know the local area - but to me the images show the front of the car entering, and the rear of the car exiting, both times. On a second point - do you have any proof of your being elsewhere during the two times they reckon you were three hours in the car park? BTW, I've just done a search and we have 81 G24 threads apart from yours.  This is a company that huffs & puffs but very rarely does court.  In fact of the 81 cases, in 79 they haven't done court In one court case sadly the Cagger didn't defend and lost by default. In the second case G24 issued a court claim ...and then wet themselves and discontinued the case once the Cagger defended.
    • Often vehicle insurers will refuse to deal with third party property damage claims. They will by lack of willing rely on the third party to use their company Insurance  and the companies Insurance would try to reclaim through your Car Insurance. Agree with Ethel, but sometimes Insurance claims staff will try to avoid additional work.
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    • If you are buying a used car – you need to read this survival guide.
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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.

      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 
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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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CCa 1974 and credit cards


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Jayjay, having looked at your scans on page 2, something strikes me as odd - the first scan would seem to be an application form, but the second page containing the terms (which I'm presuming they are asserting is on the reverse of the first page, otherwise it would not be within the four corners of the agreement), states at the top 'Credit card conditions -bank copy'. Maybe I'm wrong, but this seems to be peculiar wording on an application form; surely you only have a bank copy where you also have a customer copy. Don't know about you, but I've never had a customer copy of a credit card application form:confused:

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thanks for your reply maybe cus its monday morning....:-x but what are you getting at then??

 

What I'm getting at is I think they are pulling a fast one with the attached T&Cs - they do not seem to belong to a credit card application form. Have you ever seen an application form that says 'bank copy'? There isn't usually a specified 'bank copy' nor a specified 'customer copy' - there is (in my experience) one copy of the application form that is filled in, sent back and retained by the bank.

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Can anyone give advise /views where to go from here ? do i ned to reply to the letter they sent saying the account is in dispute and ask if they have the origonal agreement why i cant view it at my branch? or should i phone them ?

 

It's up to you how you choose to procede, but personally, I would write to them and ask to inspect the original document in a branch - if they refuse, demand a detailed explanation as to why not.

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I got one of those from ****; nothing has happened - yet.

 

A friend of mine got one in August and has yet to hear any more.

 

You could write to them and ask to see a copy of all docs they intend to rely on in court, or to make it more official, as they have threatened court action use CPR rules to make them disclose the docs

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How about this one?

 

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

 

Should it be necessary, I will obtain an injunction.

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Hi again Got 2 letters this morning 1 from TSB( the third FINAL RESPONCE) saying that they are sorry i was unhappy with thier responce to the cca s78 request and again say they have complied with S78. Now this is at least the 3rd time theyve sent this letter and ive replied every time saying i do not dispute this point and that the requests where for CPR rules i dont think they will every 'cotton on' to that one

and again as i have used the account and made payments i have acknowledged an account and that all the banks agrements have always complied with all legislation:rolleyes: and they are confident of this therefore i should make payments:eek:.. And a threat o gram from BLS collections and a threat of personel visit :eek::eek: Did i see a good letter on here re visits? Still no reply from SAR letter asking for disclosure of notes on file manual intervention

 

To paraphrase Mandy Rice Davies "Well they would say that, wouldn't they?";)

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Hi jayjay,

 

the first you know when a debt has been sold or assigned is usually contact from the acquiring DCA. I believe the original creditor is supposed to inform you, but in practice they usually do not.

 

Best of luck with your case. If it has been purchased by a DCA, you should be able to settle for a much smaller sum than the original debt:-)

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