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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Karalius
      ParkingEye/DCB(L) ANPR PCN no.1. 15/09/2020 - Letter of Claim now Claimform - - Hallsville Quarter, London Basement And Surface

      By Karalius · Posted

      Thanks. Have sent it off. 
    • lookinforinfo
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By lookinforinfo · Posted

      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. 
    • little old lady
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By little old lady · Posted

      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?
    • mystic_bertie
      UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ ***Claim Discontinued***

      By mystic_bertie · Posted

      lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • tobyjugg2
      I see Octopus have started using the old EON 'tricks to try an install smart meters

      By tobyjugg2 · Posted

      Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

welcome finance ppi - ive issued a court claim!

andie_303

By andie_303
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andie_303

andie_303

Posted
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Posted

quick question - can I use a SAR template (data protection request) under the CPR rules??

 

i.e. just ammend the top of a SAR to say as I am a claimant in an action against them I am asking for release of the information contained in the SAR under CPR??

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faza

faza

Posted
Posted

cant see why not, but do not add SAR in the letter, just say that you are requesting all the information relevant to the case under the CPR rules and tell them failure to comply will mean you will report them to the court.

 

 

 

 

 

 

 

I am not a legal expert I might have made mistakes in what i have written. If you have found any mistakes please feel free to point them out. Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.

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andie_303

andie_303

Posted
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They "may nots" in the account in dispute letter - can someone tell me where these come from i.e.

* you may not demand any payment on the account, nor am I obliged to offer any payment.

* you may not add further interest or charges to the above account nor are you to pass this account to a third party.

*you may not register any information in respect of this account with a credit reference agency nor are you allowed to issue a default with regards to this account.

 

The reason I ask is that I have had a response from a company saying they do not have to abide by these as these are in relation to the banking code - and as they aren't a bank they do not have to adhere.

 

Is this true??

 

Thanks

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nicklea

nicklea

Posted
Posted

clemma,

 

There is nothing in the act that stops them doing these things. The only thing that the act states is that they may not enforce the agreement until they do comply with a s77/78 request. The Rankine case does have a lot in it that is questionable but it did confirm that enforcement means proceedings in court.

 

There is nothing to say that they cannot continue adding interest or using dcas etc. It is simply that they may not enforce the agreement through a court.

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andie_303

andie_303

Posted
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ok - confused now...

 

basically the account is in dispute as I dispute the amount owed - the compnay added on PPI without consent and where the amount of the borrowing has been satisfied I refuse to pay for insurances I neither wanted nor could have used.

 

The matter is currently with the court and so I have disputed what is left owing, as previously stated the actual amount borrowed and interest has been repaid.

 

The company concerned were sent the dispute letter in March and it gave them 21 days to respond if they did not agree - they didn't and I have confirmation that on 10th March they put a note on the account to take no collection activity until the outcome of litigation. Therefore I was verbally told by a customer service member of staff my account was on hold

 

However, they have continued to process my data with the CRA and have so far logged 3 late payments and increased the balance - I assume with charges and interest.

 

When I questioned them on this they said they did not accept the account to be in dispute and did not deem a response necessary to the original account in dispute letter!!

 

They then go on to say that as they are not a bank they do not have to abide by the "do nots"

 

So basically Nicklea - can they do whatever they like to my credit file even though I do not accept, and will prove I do not owe them anything??

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diddydicky

diddydicky

Posted
Posted
clemma,

 

There is nothing in the act that stops them doing these things. The only thing that the act states is that they may not enforce the agreement until they do comply with a s77/78 request. The Rankine case does have a lot in it that is questionable but it did confirm that enforcement means proceedings in court.

 

There is nothing to say that they cannot continue adding interest or using dcas etc. It is simply that they may not enforce the agreement through a court.

 

my take on this is that they could continue adding interest because you don't know that they don't have a valid agreement simply by virtue of their failure to comply with s78

 

however they cannot enforce whilst they are in default of s78 and i don't agree that enforce just means court action

 

any form of action which punishes or penalises you other than normal addition of interest for not making payments must be enforcement therefore the imposition of charges (which otherwise would not have been added in the normal course of events) are enforcement- they are designed to make you pay up (IMO)

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nicklea

nicklea

Posted
Posted

diddydicky,

 

again, in your opinion. However, the High Court has a different opinion. As I said, there is a lot wrong with the Rankine decision but at the end of the day, it is a high court decision.

 

Would you want to stand up in front of a judge and argue against that when it was the likelihood that it would be you getting a CCJ if you were wrong?

 

clemma,

 

They can continue doing it until you get a court to stop them and, as pt said above, it is up to you to bring an action against the lender to enforce your rights

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diddydicky

diddydicky

Posted
Posted
diddydicky,

 

again, in your opinion. However, the High Court has a different opinion. As I said, there is a lot wrong with the Rankine decision but at the end of the day, it is a high court decision.

 

Would you want to stand up in front of a judge and argue against that when it was the likelihood that it would be you getting a CCJ if you were wrong?

 

clemma,

 

They can continue doing it until you get a court to stop them and, as pt said above, it is up to you to bring an action against the lender to enforce your rights

 

hi, not sure why you underlined "your"- - of course it is my opinion - ins't that what the forum is for?

 

i was pointing out that enforcement IMO is NOT just court action .

 

 

I am well aware that despite the fact that it is not permissable they can still do it-

 

there is nothing in the cca which says i can make a charge everytime i write a letter t the creditor whilst he is in default but i DO, and i charge them 7.50 each time i write

 

(what's good for the goose is good for the gander!) and it is equally up to them if it gets to court for them to ask the court to rule my charges are unfair)

 

 

a DN is enforcement action is it not? that occurs before any court action

 

Even the creditor recognises it as enforcement

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nicklea

nicklea

Posted
Posted

Yes, I agree with you that a valid DN is a necessary prerequisite before a creditor can enjoy the benefits of section 87.

 

However, I would suggest that, there is a big difference between charging interest or default fees, restricting credit or using debt collection agencies on one hand and serving a dn followed by terminating the agreement on the other hand.

 

The reason for this is that the Dn clearly states that it is part of an enforcement process. Default fees and the use of internal/external collection agencies are not part of any enforcement process, these things are contained within the terms and conditions of the agreement that we all sign up to (whether they are fair or not is another matter) .

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diddydicky

diddydicky

Posted
Posted
Yes, I agree with you that a valid DN is a necessary prerequisite before a creditor can enjoy the benefits of section 87.

 

However, I would suggest that, there is a big difference between charging interest or default fees, restricting credit or using debt collection agencies on one hand and serving a dn followed by terminating the agreement on the other hand.

 

The reason for this is that the Dn clearly states that it is part of an enforcement process. Default fees and the use of internal/external collection agencies are not part of any enforcement process, these things are contained within the terms and conditions of the agreement that we all sign up to (whether they are fair or not is another matter) .

 

or, didnt sign up to as is the case with 99.99% of folk on here!

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andie_303

andie_303

Posted
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Hi all

 

Hope someone can help.

 

I am the claimant in a court case and we were given a case date and instructed by the judge to deliver doscuments we would use to each other by a certain date.

 

This date has passed and whilst I provided documents I have received nothing from the defendant.

 

Can anyone tell me what I should do now?

 

I have just phoned the court and they say I have to write to the court and tell them formally the information has not been provided.

 

Do I just write and say they haven't sent it and leave it at that or should I be asking the judge to do something?

 

Thanks

 

Thank you

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AndyOrch

AndyOrch

Posted
Posted

Did the Defendent Acknowledge service and intent to defend?

If not then you can request Judgement.

 

Regards

 

Andy

We could do with some help from you.

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andie_303

andie_303

Posted
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The defendant filed a defence but hasn't provided discovery - someone has told me that normally this means they cannot present any evidence if they attend the actual hearing but as I really am not well versed on this I don't know how correct this is.

 

I have just written a letter that goes.......

 

Dear Court Manager

 

I am writing to you on the advice of the pre-trial division to make you aware that the defendant in the above action has failed to provide dislosure as directed by the judge when a hearing date for the case was issued.

 

The court has also confirmed that it has also not recieved any disclosure documents.

 

I would ask for the judge scheduled to hear this case be made aware of this issue at the earliest opportunity.

 

Any thoughts?

 

I would really like to get this letter off today so sorry for being impatient but if anyone could offer any advice I would really appreciate it.

 

Thank you

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AndyOrch

AndyOrch

Posted
Posted

Hi Andy

 

Ok you issued a summons for what ever reason.The Defendent Acknowledged service and submitted a defence.I summise they requested you to disclose information pertaining to your claim.The was allocated and you have both submitted AQs.The DJ as Ordered disclosure by xx xx xx and they have failed to disclose.

 

Did you disclose on time?

What exactly are you requesting from the Defendent?

 

If the Defendent fails to disclose on time the Claimant may make application to strike out the Defendents defence and attain Summary Judgement game over!!

 

Regards

 

Andy

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andie_303

andie_303

Posted
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Hi Andy

 

Thanks for the reply - you have it spot on.

 

Yes I did disclose on time and have the proof that it has been recieved by both defendant and court.

 

It is a PPI mis-selling complaint.

 

Should i then be asking in the letter for the judge to strike out the defendants defence and make a summary judgement or do I need to file a specific form for that?

 

Thank you again for your help

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AndyOrch

AndyOrch

Posted
Posted

No you do this vis a vis the N244 Application form.You can download one from the Gov website.There will be a cost of £75 but you add this to your costs.

 

Andy

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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