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    • So I am now in receipt of a second Letter of Claim this time from DCBL although their letter head now says " DCBLegal"  😱 Now I'm guessing one response to a letter of claim is sufficient and I could ignore this but having been inspired by other snotty letters I wanted to have another bash at one. How does this sound? Dear Lackeys of Company with Unconscionable Morals, Thank you ever so much for gracing me with yet another Letter Before Claim on behalf of Excel Parking Services. How many of these delightful missives do you plan on sending before you muster the courage to follow through on your threats to take me to court? Just so we're clear, here is the response (in italics by that I mean the slanted text below) I previously sent to Excel’s Letter Before Claim, in case your attention to detail is as lacking as I suspect: I am currently 2-0 up in terms of Small Claims Court proceedings and I look forward to the opportunity to claim a hat trick, this case being more straightforward than my previous two. I will be asking the court for an unreasonable costs order under CPR 27.14(2)(g) due to your conduct over this absurd claim. Despite my best efforts, you continue to assert that I have breached your terms. However, I cannot breach terms that I was not present to accept. Have you even read my initial response? I suggest you review it thoroughly and save yourself some money. Additionally, please refer to section 13 of the IPC Code of Practice, 2023 edition. I eagerly await your deafening silence. Remarkably, I haven't heard a peep from Excel since my response; instead, they've passed the baton to you to perform this tiresome routine once more. Consider this my official notice that I am sending a cease and desist letter to Excel Parking Services. Their relentless hounding has crossed the line into clear harassment. Any further demands for payment from you, as Excel's lackeys, will be regarded as nothing more than shameless acts of intimidation and harassment. I now look forward to the deafening sound of your silence. Yours sincerely,
    • Personally I'd go to it and object for the sake of it. They have to attend anyway so I can't see you being liable for any costs or anything (if they try to ask for attendance costs, just say that firstly it is their application, secondly it is from their own making, thirdly that they would have to come anyway so you shouldn't need to bear their costs.   When you turn up you should object on the basis that the witness has been in office since the time of the order, and could have done their witnes statement in advance of their AL. Their poor planning is not your fault, 7 days is too rushed for you as a LIP and there is no good reason that a company can't organise itself to sort WX in time. Also they say finalise so they already have something, its not like thye have nothing. Their amendments cannot be so important if they are being added so late.   see what @AndyOrch says but that's my thoughts  
    • Yes, in the main your understanding of my case is right. Linked below to the post with the final WS sent to the court and to Evri.   
    • Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
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      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.

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It's no worries saviour. Different forums work in different ways. Because this is a self-help and advice forum we tend to have all points relating to one persons dilemma in the same thread. That way - as none of us has perfect recall - we can run through the entire thread if needs be and get things in perspective.

As it is also a fast moving forum, your original thread can disappear down several pages if it hasn't been added to for a few days.

If you click on your user name, then on the 'statistics' tab, there is a facility to locate all threads or all posts that you have written. That may be a quicker way to locate your threads...

Best wishes

Rae

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Dear Mr. XXXXX

Thank you for your further correspondence which we received on 23rd May 2010 In light of your continued dispute regarding the fees incurred on your account, as a gesture of goodwill and in an effort to resolve this situation for all concerned, we are willing to offer a refund of fees totaling £42.50. This offer is made in full and final settlement of this matter and I would respectfully request that you indicate your acceptance of this offer by return within the next 7 days

Allow me to take this opportunity to apologise for any distress or inconvenience that these events may have caused you and I sincerely hope that the actions that we have now taken will bring these matters to a close; should you require any further assistance however, please do not hesitate to contact me in writing at the address provided below.

 

xxxxxx

Edited by saviour1263
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Taking that offer makes no sense to me sav.

 

Even if you conceded that the levy was OK, then that it is OK to charge the attend to remove on the same visit (which it is not), you are still left paying a waiting fee of £60.

 

If we concede that the levy was lawful, then in my opinion they owe you the rest (i.e. everything but the levy fee).

 

They know it - hence the time pressure and the phrase "full and final settlement.", they know you can come back for more otherwise.

 

EDIT - "gesture of goodwill" that's what these clowns said to me when they deleted the FULL £355 from my account , you've got to laugh!!

Edited by Thegreenpimpernel
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council tax ......................... .................£138.00

levylink3.gif fee...................... ......................... £32.00

Attendance to attempt to levy distresslink3.gif .....£42.50

attendance removal.................. .............£160.00

 

 

total.................... ....£372.50

 

this was the original amounts he charged

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03/01/2008 debt £912.58

10/01/2008 visit 1 £24.50

18/01/2008 visit 2 £18.00

30/01/2008 levylink3.gif fee £51.00

30/01/2008 walking possession £12.00

30/01/2008 attendence /van £90.00

30/01/2008 waiting £60.00

01/02/2008 payment by d/c £1.00

 

total £1,169.08

 

I'm going off the figures you quoted (above).

 

By getting rid of the 42.50, they seem to be conceding that the 'visits without a levy' did not take place.

 

This agrees with your version of events.

 

If he turned up, placed a levy and then you paid him, then its just the Liability Oder + the appropriate levy fee, lets assume they got that right (haven't checked it) thats £964 total.

 

If you paid 1169.08.

 

That's a £205 overpayment, (more properly called fraud).

 

 

Edit - even if we give them another visit (24.50) that's still £180 overpayment.

Edited by Thegreenpimpernel
Edit - even if we give them another visit (24.50) that's still £180 overpayment.
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