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    • Thanks DX, required info as follows.   Which Court have you received the claim from ? MCOL Northampton If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) Name of the Claimant :  Parking Eye Ltd       Claimants Solicitors: DCB Legal Ltd   Date of issue – 20th March 2024   Date for AOS - Today, 13 April 2024 Date to submit Defence - 28th April 2024 What is the claim for – 1. The Defendant (D) is indebted to the Claimant (C) for a parking charge(s)issued to vehicle ******* at Lake Street Leighton Buzzard. 2. The PCN(s) were issued on 03/12/2021 3.The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions. 4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4. AND THE CLAIMANT CLAIMS 1. £170 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.3 until judgement or sooner payment. 3. Costs and court fees.   **IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION What is the value of the claim? Amount Claimed £202 court fees £35 legal rep fees £50 Total Amount £287 Have you moved since the issuance of the PCN? No Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? No
    • notice of assignment from busted and stupid. cant see the point of BS, they wont make you pay anything too heavy £PCM <£20 i expect. just type no need to hit quote dx  
    • Hi all, My Daughter has just returned home to Sheffield after staying with us for the last four weeks helping out with my Wife's care as we at at hospital every weekdays. During that time those lovely folks at Parking Eye issued a CC claim against her for an unpaid PCN from December 2021. The date of the claim on the summons is March 20th, I was under the impression that she was out of time to acknowledge it or defend it but she was able to acknowledge it via MCOL. Am I right in thinking that this is correct and she now has the additional time to defend as MCOL permitted her to perform an AOS?   Many thanks
    • NOA ? Is that Notice of attendance ? They haven't been here..... yet ! As for the LO details, I have requested them from WODC, but not heard anything yet, I'm sending a reminder today or tomorrow. I'm running completely blind on this at the moment as I've never received anything to do with it before last week.. Do you think it might be worth me contacting Breathing Space in the meantime as well ?
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Sheriff puts Bank of Scotland to proof on bank charges


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Very interesting and I will follow forward. Well done GLC!

 

I know this is a Scottish case with repercussions (CCA etc.) However, I have been royally stitched up by Halifax who are part of Royal Bank of Scotland who now may or maynot be part of Lloyds Banking Group (Maybe as this weeks statement doesn't even mention LBG.

 

Bottom line, does the Scottish/English divide even matter as the business (I was going to call it a profession Lol) is so incestuous.

 

H

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Very interesting and I will follow forward. Well done GLC!

 

I know this is a Scottish case with repercussions (CCA etc.) However, I have been royally stitched up by Halifax who are part of Royal Bank of Scotland who now may or maynot be part of Lloyds Banking Group (Maybe as this weeks statement doesn't even mention LBG.

 

Bottom line, does the Scottish/English divide even matter as the business (I was going to call it a profession Lol) is so incestuous.

 

H

 

 

Halifax are part of HBOS - (Halifax bank of scotland) and nothing to do with RBS

 

Just For info ;)

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This looks promising. As long as the judge doesn't get a funny handshake and a backhander to see the law the same way the banks seem to interpret it.

 

I can't wait for my day in court with Sh-Abbey / Santander. Unlawful charges, interest and fees, unlawful termination of account on the back of an improperly served default notice on an account that was in dispute.

 

After the undeserved bank bonuses and their crappy attutude to their customers, we should show them no mercy. They've already boasted about record profits, so we know they have the cash available to pay us back. Paying back the money they've stolen from us and the interest on it, will help with getting this country back on it's feet once peeps have spare cash after the recession. :)

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Well done Mike and the team at Govan Law Centre.

 

Is there scope for those with claims in court which have been on hold, to apply for an extension to the stay in the light of this new development?

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Advice & opinions given by Caro 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.

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Subbing.......it's looking very interesting news guys. Fingers, toes and all crossed.

Keep up the fight against Bank Charges.

 

 

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Looks like we Scots are showing the way ahead again!

 

Well done to al the team at GLC - maybe HBOS, RBS ertc, should hang fire and not start paying out the big bonuses just yet - they might need this cash to compensate their customers - now that would be a novel thought for those wily bankers - or is the more apt adjective bily followed by a different noun?

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I take my hat off to GLC and wish them every success.

 

However a word of caution, I note that HSBC have already responded to one Cager That their Legal Team asserts that, charges cannot be challenged under Regulation 5 or 6 and that there is no unfair case under s.140A of the CCA. They have no doubt taken Counsel's advice in this matter and take comfort from it. It will be very interesting to see what the Scottish situation produces.

 

Carningli

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In the words of the delectible Mandy Rice Davies "they would say that wouldn't they?" ;)

 

Mind you they must really believe it as they would never knowingly mislead us or state anything less than the truth! :rolleyes::rolleyes: - As we say in Glasgow "Aye Right!" - the only time two Affirmatives make a Negative!

 

BD

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If the banks were truly confident that charges were truly fair/lawful, they would have gone to court in a few cases years ago to stop everyone else claiming, they would not have made all their "good will" payments to prevent court action, and they would not have found it necessary to revise their charging regimes.

 

Although this would be a great win if it worked and blow the banks claims of having won out of the water, and people would be able to use the same arguments for their own cases, in legal terms, how much weight would it carry in other cases - ie would it set a precedent?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Caro

 

I totally agree with your first paragraph!

 

I think this will have two most welcome effects.

 

1. It might shut them up and stop them sending out their arrogant "ha ha we won - you punters and OFT lost at SC" letters - because things are clearly no longer quite so clear cut as they were making out. :D

 

2. They might start making lots of "goodwill" paymemnts again - to avoid losing in lots of cases in court! :D:D

 

Lets stick it to them where it hurts them most - in their wallets! ;)

 

BD

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I find it very hard to believe that the avenue presented to claimants by the SC would be closed at lesser levels by courts. I would imagine the SC would have looked long and hard at the other routes available to claimants and if there were any doubt about their success would surely not have even mentioned it in their verdict?

 

At the very worst, if the courts lean towards the banks on this alternate approach then surely GLC, the myriad of claims firms, consumer groups and individuals can use the same tools afforded to the banks during the OFT case and appeal, appeal, appeal all the way to the SC again?

 

I doubt it'll get quite as far as that though. I can see the banks getting squeaky bums over this latest development.

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Sorry to correct your spelling Bigdebtor, shouldn't that be 'Willey' :)

 

 

Wily (pronounced whiley)= Crafty, Cunning, Sly, Guileful, Devious, Scheming and Sneaky

 

Sounds like a perfect description to me :D

 

Although willy may have suited the second option :eek:

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

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All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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Hi,

 

Great news but my friend has a hearing for a strikeout Order coming up and he doesn't know what to do. Is there any way anyone can come up with something because I think it may be best to have a go at a amendment of PoC than just do nothing and have the claim struck out.

 

Any help greatly appreciated.

 

TheyrCriminals

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Hi,

 

Great news but my friend has a hearing for a strikeout Order coming up and he doesn't know what to do. Is there any way anyone can come up with something because I think it may be best to have a go at a amendment of PoC than just do nothing and have the claim struck out.

 

Any help greatly appreciated.

 

TheyrCriminals

 

Can your Friend not ask for more time in light of recent developments ?

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

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