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    • @KingsParent thank you for sharing your experience.  I also tried contacting the CEO but didn’t get very far. Do you mind sharing his contact details?  kind regards   
    • Thank you Rocky for the clarifications though they did cause a problem at first since an original windsccreen ticket was  of a different breach some time before. The current windscreen ticket only states that you were parked there for 6 minutes which is just one minute over the minimum time allowed as the Consideration period. There is no further proof that you parked there for any longer than that is there? More photographs for example? Moving on to the Notice to Keeper-it does not comply with the Protection of Freedoms Act 2012 Schedule 4. First there is no parking period mentioned on it. there is the time 20.25 stated which coincides with the W/S ticket but a parking period must have a starting and finishing time-just one time is insufficient to qualify as a parking  period as required in Section 9 [2] [a] . Are there any different photos shown on the NTK comapared to the w/s PCN? Not that that would make a difference as far as PoFA goes since the times required by PoFA should be on the NTK but at the moment Met only appear to show that you stayed there for 6 minutes. Another failure to comply with PoFA is at S9([2][e] where their wording should be "the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; ". You can see on your NTK that they misssed off the words in brackets. Met cannot therefore transfer the charge from the driver to the keeper. Only the driver is now liable. Then their is the discrepancy with the post code on the NTK  HA4 0EY which differs from the post code on the contract and the Post Office Postcode Finder which both list it as HA4 0FY. As you were not parked in HA4 0EY the breach did not occur. In the same way as if you were caught speeding in the Mall in London, yet you were charged with speeding in Pall mall London [a street nearby] you would be found not guilty since though you were speeding you were not speeding in Pall Mall. I bow to Eric's brother on his reasoning on post 12 re the electric bay abuse  That wording is not listed on their signs nor is there any mention on the contract of any electric charging points at all let alone who can park there or use them. He is quite right too that the entrance sign is merely an invitaion to treat it cannot form a contrct with motorists. Also the contract looks extremely  short no doubt there will be more when we see the full Witness statement. As it stands there is no confirmation from Standard Life [or Lift !] on the contract that Savills are able to act on their behalf. Also most contracts are signed at the end of the contract to prevent either side adding extra points. So their percentage  chance of winning their case would be somewhere between 0.01 and 0.02.    
    • @dx100uk no, haven’t received any correspondence as of yet. Still waiting on a court date but seems to be taking forever. Have noticed an increase in unhappy customers on here
    • They threatened to do this to me (as per the thread I made). Sent me some over-dramatic emails and texts counting down the days until someone would visit me (and advising I still I had a chance to "resolve it amicably" rather than deal with their agent). Not only did they never send anyone, but any underpaid monkey that did turn up would have only got a  two word response. Just a new scare tactic, even if they arrive. 
    • I'll have a good read through tomorrow evening. As dx says, anything in the public domain ... Two things.  No WS from CEL yet, right? By coincidence I had a quick look through your thread last night while half asleep.  I see there's nothing about Keeper Liability in the WS.  To avoid another half-asleep search ... did you out yourself as the driver when you appealed?
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Court extended stay until August?


Zorro01
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Hello Wise ones.

 

I recently recieved a letter from the county court regarding my stayed claim against HSBC and to my amazment they have extended the stay until August of this year.

What would be my best option going forward from this point?

I was going to send Castlebeast's holding letter to the bank and court making all parties aware of my intentions and I was going to ask the court and the bank could I amend the POC slightly.

Any ideas?

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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Bump - Any help with what to do now. Can anyone offer up some advice please.

Thanks.

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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Hiya Zorro and welcome back :) I think a form of my letter to suit your own claim is still the best policy at the moment.

 

Things are moving a little slowly with the solid way forward but steps are slowly being made, see this announcement posted yesterday

 

The Consumer Forums - Announcements in Forum : HSBC Bank

 

Obviously this is one claim in a Scottish court but the reasoning behind it seems to be sound and should hold true for and English court too but the Govern Law Centre are bound by client confidentiality in this particular case so until a generic version of the revised particulars of claim become available we need to try to gain as much time as we can :rolleyes:.

 

pete

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Reading that CB things seem a little more hopeful for us all compared to a couple of months ago

So should I just leave my old POC with the court until there is some more difinitive info for me to actually add and then ask the court for permission to amend or should I just send a doctored copy of your letter to both the court and the bank.

Thanks in advance CB

Edited by Zorro01
amended info regarding POC

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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