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    • The incident was 03rd March 2024 - and that was the only letter that I have received from MET 15th April 2024 The charge I paid was at the Stansted Airport exit gate (No real relevance now - I thought this charge was for that!!).   Here is the content of email to them (Yes I know I said I was the driver !!!!) as said above -  I thought this charge was for that!! "Stansted Airport" Dear “To whom it may concern” My name is ??  PCN:  ?? Veh Reg: Date of Incident: 03rd March 2024 I have just received a parking charge final reminder letter, dated 10th April 2024 - for an overstay.  This is the first to my knowledge of any overstay. I am aware that I am out of the 28 days, I don’t mean to be rude, this feels like it is a scam My movements on this day in question are, I pulled into what looked like a service station on my way to pick my daughter and family up from Stansted airport. The reason for me pulling into this area was to use a toilet, so I found Starbucks, and when into there, after the above, I then purchased a coffee. After which I then continued with my journey to pick my daughter up. (however after I sent this email I remember that Starbucks was closed so I then I walked over to Macdonalds) There was no signs about parking or any tickets machines to explains about the parking rules. Once at Stansted, I entered and then paid on exit.  So Im not show where I overstayed my welcome.. With gratitude    
    • Just to enlarge on Dave's great rundown of your case under Penalty. In the oft quoted case often seen on PCNs,  viz PE v Beavis while to Judges said there was a case for claiming that £100 was a penalty, this was overruled in this case because PE had a legitimate interest in keeping the car park free for other motorists which outweighed the penalty. Here there is no legitimate interest since the premises were closed. Therefore the charge is a penalty and the case should be thrown out for that reason alone.   The Appeals dept need informing about what and what isn't a valid PCN. Dummies. You should also mention that you were unable to pay by Iphone as there was no internet connection and there was a long  queue to pay on a very busy day . There was no facility for us to pay from the time of our arrival only the time from when we paid at the machine so we felt that was a bit of a scam since we were not parked until we paid. On top of that we had two children to load and unload in the car which should be taken into account since Consideration periods and Grace periods are minimum time. If you weren't the driver and PoFA isn't compliant you are off scot free since only the driver is liable and they are saying it was you. 
    • Thank you dx. I consider myself well and truly told :) x Thank you dx. I consider myself well and truly told :) x
    • Doubt the uneconomic write off would be registered, unless you agreed to accept write off settlement of the claim. It is just cosmetic damage. All that has happened, is that the car has been looked at and they realised the repair costs are going to exceed the value of the car. If the car is perfectly driveable with no upcoming normal work required to pass next MOT, your current Insurers will continue Insurance and you can accept an amount from third party Insurers to go towards you repairing the scratched bodywork.    
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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.

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pmw1971 vs Capital 1 / **WON **


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Shadow, the following comments were posted by car2403 for you:)

 

He can discontinue at any time.

 

Just needs to make sure he's happy with the settlement and they are boxed right in, as once he's discontinued, he'd have a hell of a time getting back in front of a Judge who can do something for him.

 

He could recomment a Consent Order, outlining settlement, which is actioned between the Parties via the Court - that way, if they don't do as they have said they will, he will have come back on the claim. Effectively it will stay proceedings pending the parties settling, otherwise it's back to the normal process. Sounds safer to me.

 

HTH

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Good news Shadow. Another black-eye for CapOne even thought they fight a little harder these days.

 

Don't file the N279 until you have confirmed CRA data has been amended. Car's suggestion would be best if the time frame is too tight to confirm before AQ is due.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Good news Shadow. Another black-eye for CapOne even thought they fight a little harder these days.

 

Don't file the N279 until you have confirmed CRA data has been amended. Car's suggestion would be best if the time frame is too tight to confirm before AQ is due.

 

Cheers Alpha.

 

S.

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Hi Shadow

 

Well done getting this sorted out. You file the N279 form with the court, link here:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n279_0699.pdf

 

Don't forget an application for a wasted costs order as well. You can claim £9.25 an hour for your time, printing costs etc. Make sure you send a copy of the letter from Capital One etc of proof of them giving up.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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I made the mistake of filing a wasted costs order after the N279.

 

Court just refused to process it saying after N279 then that's it... case closed!

 

If you want to claim wasted costs (which I would try for), file that before the N279.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Thanks guy's but in truth I'm more than happy with the settlement so long as they stick to it. I've advised them that I need either the steps I've indicated to take place or a consent order otherwise I will file my AQ and its case continues with more costs :-D

 

As I said earlier this settlement is fair to both parties and I've already indicated that both parties bear there own costs in my offer to them.

 

S.

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Excellent :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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haha nothing is ever simple with this company... the consent order promissed to me on Weds has not appeared, an apology was given on Weds with a promise it would be with me on Thurs.. guess what.

 

The AQ has to be filed by Sunday so in reality I need that consent order today.

 

The monies have been applied to the account as they promised so its just the CRA information.

 

What do you think guys... send in AQ if I dont receive the order by 4.30pm tonight?

 

S.

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Yes, they messed about with me at end on timing and stuff. Guess they're getting no better.

 

Nice to see this finally put to bed.

 

Well done! :D

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Yes, they messed about with me at end on timing and stuff. Guess they're getting no better.

 

Nice to see this finally put to bed.

 

Well done! :D

 

Cheers... your POC and that FSA fine article all gratefully used :-D

 

S.

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All sorted... jobs a good un!

 

Thanks for all the support and help along the way, this one is now Closed!

 

S.

 

So did you receive the Consent order or have you filed the AQ ?:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Excellent news:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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