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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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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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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Yes, you can still claim the remaining amount, anytime, so why not give it a go?

 

Any refund during the test case MUST have stated it's not in full and final settlement, as per the FSA waiver rules.

 

i've got the fos involved on it at the moment but if they can't help i was just wondering if this could mean i could just start a new claim minus what i've been paid

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I've just posted (at #4904) on H.O.L. test case thread an urgent (and I believe valid) point on fine tuning of poc (for those of us who are obliged to compile some in advance of GLCs offering) including use of Limitation Act. If anyone here feels inclined to have a look please do so and help with a quick constructive response.

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Very exciting. Some excellent work by GLC - well done :)

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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This paragraph mentions it......very briefly!

 

"The basis for court claims

 

After the Supreme Court decision, we hired a top banking QC (see MSE hires top QC archive news story) to suggest possible new grounds for reclaiming to us.

They were just thought papers, and at this stage are untried (although in Feb 2010 a judge in Scotland allowed the amended arguments to be submitted) therefore there is no way to know whether they will be successful or not – the law is a fickle beast. However we have adapted the arguments and other sources and used them to draft up our sample Particulars of Claim (the part of a claim that mentions the legal argument being used)."

 

Source - MSE

 

In that case, it's VERY early days.

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After reading this interesting posts, I understand why Scabby have sent me a letter out lining the above ruling....no mention of the CCA 1974 S9 funny enough just banging on about the UTCCRs 1999

 

(9) If, in any such proceedings, the debtor or a surety alleges that the relationship between the creditor and the debtor is unfair to the debtor, it is for the creditor to prove to the contrary.

 

they have applied to the court to have my case stuck out and will not pursue me for charges.. that's nice..

Abbey Settled 3,600:cool:

 

Just started battle with

EGG

Virgin CC

Abbey

MBNA

 

 

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will not pursue me for charges..

 

and why not?

 

not so cock sure as they were I'd bet.

 

In that case, it's VERY early days.

 

I remember the "early days" well... it was all new territory back in '06, we were expecting a big fight in the courts that we didnt get a chance to get our teeth into due to all the "goodwill" payments and the OFT debacle.

Edited by HSBCrusher
something funny going on there...
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how weird. :confused:

 

I'll edit the post

 

 

Not just you, I have merged quite a few posts that have repeated themselves over the last few days :lol:

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and the liberal usage of phased-variance trans-warp technology coupled with a acute case of hiccups? :wink:

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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