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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 arrived too late but do I have to prove it and if so how?

      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 arrived too late but do I have to prove it and if so how?

      By little old lady · Posted

      Hi 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? 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    Have you had a response?  n/a 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'  
    • 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.

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Tinnud

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Tinnud

Tinnud

Posted
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Posted

Thanks for your help so far.

 

Can someone please advise me on what Martin should do next?

 

The case is due to be heard on 9th September so need some advice pretty quickly please :-)

 

Thanks again

Tinnud

 

Successfully reclaimed £3379 bank charges from NatWest - 2007 :D

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middenmess

middenmess

Posted
Posted

As time is of the essence here,I think that you and Martin should re-read the advice and points made on this thread so far and write down all the points that you are going to dispute in court and all of the explanations that you want from the claimants.

 

The case should be judged on points of law and not on the moral issue of whether Martin owes the sum claimed or not,therefore it is paramount that you are fully conversant with everything that you rely on in court.

 

Set everything out in chronological order in an easy to access way so that you can refer to it quickly and easily when you need to.

 

Work out the PPI that you are owed [look at some of the threads that pompeyfaith has posted on] as that should be an impressive figure to bring up I would think.

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pompeyfaith

pompeyfaith

Posted
Posted

Im off to bed now but i will take a look at the PPI issue tomorrow morning and do some calculations for you and come up with a figure you can counter claim.

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Tinnud

Tinnud

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Hi all,

 

I've spoken to Martin and he has a few questions...

 

 

  1. What exactly is wrong with the CCA?
  2. How does Martin put across the fact that Abbey never officially informed him that the debt had been assigned to RW?
  3. How does Martin counter-claim regarding the PPI?
  4. How does Martin explain that his £5 payments weren't knowingly being paid to RW, even though they are saying this is an admission of guilt on his part? Martin has never even spoken to anybody from RW!
  5. Does Martin go to court or just send his defence to RW and the court and how likely is it that RW will actually attend themselves?

Tinnud

 

Successfully reclaimed £3379 bank charges from NatWest - 2007 :D

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middenmess

middenmess

Posted
Posted
Hi all,

 

I've spoken to Martin and he has a few questions...

 

 

  1. What exactly is wrong with the CCA?
  2. How does Martin put across the fact that Abbey never officially informed him that the debt had been assigned to RW?
  3. How does Martin counter-claim regarding the PPI?
  4. How does Martin explain that his £5 payments weren't knowingly being paid to RW, even though they are saying this is an admission of guilt on his part? Martin has never even spoken to anybody from RW!
  5. Does Martin go to court or just send his defence to RW and the court and how likely is it that RW will actually attend themselves?

 

OK,I'll have first dibs at giving some answers.

 

1. Martin must read around these forums to familiarise himself with the CCA 1974 to get a basic understanding of how it must be set out to be enforceable as he is the one who will be making his defence in court. The way it which it has to be set out is very specific. RW will have to produce the original in court if Martin challanges the CCA.

2. As above,read around as again the NOA has to be sent to him by the original creditor-they need to have written to martin informing him that they have sold the debt to RW.

3. Wait for pompeyfaith to come back to this thread.

4. Others will advise on this but Martin could say that he was pressurised to make a payment under threat of charge on house/attachment of earnings/ccj etc.etc.-=was not aware of his rights.

5. Has to attend to defend and put over his arguements otherwise they'll win.

 

Those answers are only my opinion,others might see it differently.

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Tinnud

Tinnud

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Thanks Middenmiss I'll get Martin to get clued up.

 

Also, would it be an idea for Martin to speak directly to RW telling them that he has been receiving advice from CAG and is confident their case will be thrown out? If nothing else it will show them he is not going to just roll over and let them walk all over him!

Tinnud

 

Successfully reclaimed £3379 bank charges from NatWest - 2007 :D

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cymruambyth

cymruambyth

Posted
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Hi, if you look at this thread it will show you what should/should not be in a CCA. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

This gives some suggestions (both good and otherwise!!!) about what to argue re payments http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191353-what-if-judge-asks.html

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cymruambyth

cymruambyth

Posted
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I would never recommend speaking to a DCA, they can have selective memories and can harrass people.

When they see the arguments that Martin is using they may realise that he is receiving help and where it is coming from! They can withdraw at court when they realise that they are being defended. They are bullies who often win b default.

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middenmess

middenmess

Posted
Posted
Thanks Middenmiss I'll get Martin to get clued up.

 

Also, would it be an idea for Martin to speak directly to RW telling them that he has been receiving advice from CAG and is confident their case will be thrown out? If nothing else it will show them he is not going to just roll over and let them walk all over him!

 

 

 

 

Why give them any information--they certainly haven't kept him fully informed. Keep what he learns to himself-no point telling them to come onto this thread and find out what his defence will be.

 

Let Martin do his talking in court.

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lilly white

lilly white

Posted
Posted

) Further, it is submitted that the mere fact of giving a notice does not, of itself, create an assignment and that there must be an actual assignment in existence. It is the actual Assignment, not just the Section 136 notice, under which the Claimant derives title to bring the claim and the Claimant is put to strict proof that such Assignment exists. It is further averred that I am entitled, in any event, to view the document of assignment as a matter of law (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824)

 

 

 

18 ) It is further averred that to be valid the the alleged notice of assignment must accurately describe the assignment (W F Harrison & Co Ltd v Burke & another [1956] 2 ALL ER 169). It is submitted that the alleged notice of assignment cannot be accurate as it refers to an incorrect agreement number.

 

So the assignment cant be right because it has a large portion of miss sold PPI

Also you require to see the deed that is what we are asking for proof and proof

 

 

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lilly white

lilly white

Posted
Posted

the cca ,.i must ask why is the sum still £5000 after 12 years

 

the main thing to remember is that you have two agreement within one document, so there must be a set of prescribed terms for each piece of credit, it is permissible to add the prescribed terms together and then state them as total amounts BUT they must be also stated in their separate parts.

 

How could you work out what the ppi was ie the total charge.

 

 

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pompeyfaith

pompeyfaith

Posted
Posted

you can send in WS and a defence so as long as it gets there 24 hrs before hearing if you do this you must also send same to other side.

 

Thats my understanding but im sure i will be corrected if not

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
Posted

Ok how many months was the PPI paid ?

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
Posted
can you have a look at the apr on the loan it does not seem to work

 

What you mean it dont work lilly can you expand on this please.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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pompeyfaith

pompeyfaith

Posted
Posted

This agreement dates August 1997 so that is likely i had one like this.

 

Anyway i will do calculation and post here in a few minutes.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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