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    • hi all, i will list my curmcumstance first then list the details of the penalty charge - we are 2 diabled people being affected by the cost of living crisis and are skint etc. i am disabled with mobility issues(arthritis in knees and ankles and gout) and cant operate car pedals anymore so i let a friend up the road use my car in exchange for her driving me about. its a good arrangement as i get a 'chauffer' and she gets the use of car. the car is parked in her drive which is better as i was refused a disabled space (even on appeal) and too much congestion to park the car outside my house. my friend is vulnerable as she has suffered depression and suicidal thoughts since the loss of her mother a few years back, she is dyslexic, she is a carer for one of her sons that is disabled due to mental illness and mobility. she lives in a council house and cannot work. we went to iceland ..attracted by the 10items for £10 offer - we've never been there before. a large artic lorry was parked accross the car park blocking the view of one of the parking signs and blocking the disabled bays where the pay&display machine is. by the time she helped me out of the car and then went to see if it was pay&display then came back to me at the car she said she thinks it was pay even for disabled, so we looked for change in the car which we didnt have (she normally goes asda which dont need to pay for parking)so then we said we'd either go get change or go to asda...so then by the time it took her to help me back in and get out the car park took 15 minutes...5 minutes overstay past the 10minutes grace. the letter from excel parking came through and i sent it back giving her name as driver (before i saw on here that you shouldnt name the driver) then i appealed explaining what happened (lorry blocking etc) and even said we were being descriminated (advised by citizen advice)as we are disabled and 15minutes is not long enough for a crippled disabled man and a woman with dyslexia to read and understandd the sign and get out, then back in the car and look for change then get out the car park in 15minutes. i even explained she was a vulnerable person on anti-depressants and even sent a photo of medication and said if you need a doctors note then let me know....the appeal was rejected. i've emailed iceland over 50 times and they just wont tell excel to cancel this charge - they are ignorant and ive even asked them why they have a webpage saying 'iceland combatting the cost of living crisis' pretending to help their customers and they wont comment...they'd rather put more stress and anxiety on an already suicidal vulnerable person just to get money out of them..so their 'help' during this crisis is a lie as it wont even extend to disabled customers. she has now received 2 letters from DCBL saying she owes £170 for 5minutes of overstay. the last one is a final demand. as she cant read or write very well ive sent a recorded letter to DCBL (as advised by citizen advice) asking not to attend the property due to a vulnerable woman inside the property as it will only exasperate the situation, they have ignored it and basically said we dont care, you still owe. could anyone please advise - we are not very good with letters or these situations and are slow on the uptake.   1 The date of infringement? 28th dec 2023   2 Have you yet appealed to the parking company yet? [Y/N?] yes   If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]cant do that - will have to get my son to do it when he visits   Has there been a response? yes   Please AS A PDF FILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]cant do that - will have to get my son to do it when he visits   If you haven't appealed yet - .........DONT ! seek advice on your topic first.   Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] yes   What date is on it? 15th january 2024   Did the NTK provide photographic evidence? yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'scant do that - will have to get my son to do it when he visits   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] not on the front - maybe on the back but cannot find the letter now   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] yes   5 Who is the parking company? excel   6. Where exactly [Carpark name and town] did you park? gravesend in iceland    
    • Hi Dave, I had no updates on this PCN since my last post in July 2019.  I received no further communications from the parking company.  I changed my address in May 2022. Thanks, I will send a letter to Excel parking to inform about the change in the address. 
    • I have a BMW Advanced Car Eye 3 Pro - I think it's 50/50  In any case, none of the documents / photos sent in the SAR showed a ticket on the car. 
    • I've seen on your other thread that you say you moved in 2022. It is essential you tell the parking company about your new address. Every couple of months or so we get someone here who moves, doesn't tell the other party they're in dispute with, court papers turn up at the old address, the Cagger doesn't know anything about this and doesn't defend, they lose by default - and end up with a backdoor CCJ. So get a quick letter off to Excel - Dear Simple Simon, Re: PCN no.XXXXX will you please note that I no longer live at XXXXX and that my new address is XXXXX. Yours, XXXXX Invest in a 2nd class stamp and get a free Certificate of Posting from the post office.
    • Yeah thanks guys - I'm just going to ignore them now.  Can't be ar$ed digging around in the loft!  Can I still send them a notice not to send people to our door?   I know we did 10 years ago but not sure if that's still a "thing"!
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CCJ from Bannatynes Fitness


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As I suspected I have received a CCJ from Banatynes fitness from 2007. I have recently been having problems with obtaining credit and after a credit search found three defaults and a CCJ.

 

To my knowlege I never received any paper work from Banatynes or the County Court regarding this. Although I did have a period abroad from late 2007 to 2008. As far as I am aware I completed my year contract and was under no obligation to renew my contract with them.

 

Please could someone advise me as to my next step regarding this CCJ as I understand laws regarding CCJ's are different. If I find the debt is correct is it possible to remove the CCJ (upon settlement) or am I stuck with it regardless of payment. I am under the impression that if I didn't receive the paper work there are legal avenues I can persue to remove the CCJ.

 

I currently have about 6 months off work due to injury and so can devote a large amount of time to this matter.

 

Any help would be appreciated.

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I think you would need to apply to set-Aside judgment, on the grounds that you never received a summons

 

Do you have a copy of the original Gym membership agreement ?

 

Here is a link to a set-aside for somone who did not receive a claim form

http://www.consumeractiongroup.co.uk/forum/legal-issues/211496-judgement-notice.html#post2319626

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Here is a link to a set aside, where the claim form was served at an old address and the person never received it. They won this case :-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/214746-court-action-advice-needed-2.html#post2365989

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The links you provided just direct me to something asking ne for £17!

 

Try right mouse clicking the links above. Select properties from the drop down list and make sure the link starts with the URL of this website. If you get a pop up for a book - just ignore it or close the window.

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hiya

 

this thread is in the CRA's forum

 

so have moved it to the correct forum for you - Legal issues

 

ida x

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I have searched all my records and i can find no letter from any court relating to a CCJ. I was for a short time (6 months) out of the UK but this would be hard for me to prove as it was in EU.

 

Any suggestions which route to go down next?

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I have searched all my records and i can find no letter from any court relating to a CCJ. I was for a short time (6 months) out of the UK but this would be hard for me to prove as it was in EU.

 

Any suggestions which route to go down next?

 

I had a CCJ served on me despite having never had any paper work from the court to say that my lender was applying for a CCJ and applied to have it set aside having had advice from someone supposedly 'in the know'

Turned up at court expecting that it would be sufficient to tell the judge I had never received the original papers but not prepared for what judge said.

He said that as far as the law was concerned the fact that the court had posted the original documents was proof that they had been served on me,the fact that in reality they may have been lost in the post or whatever was completely irrelevant!

He then said for him to consider setting aside the CCJ I would have to produce evidence there and then that I had a reasonable argument that the original request for the CCJ could be defended.

I was totally unprepared for this so my request for set aside was denied and I ended up with another 395 quid costs for my trouble.

This was all before finding out about CAG but be very careful who you take advice from before going to court

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  • 3 weeks later...

Their standard terms are that you have to give three months notice in writing to cancel the contract, which at or more than 12 months. Did you cancel the contract with the gym in writing or just stop the DD?

 

This is where they get most people. So, with what axiom has, quite correctly said, be careful.

 

How much was the CCJ for and how was it made up?

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