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    • I received a Claim Form issued on 19 Jul 2021. The claimant is ParkingEye Limited.    The alleged offence took place on 22/10/2019. The particulars of claim read as follows:   "Claim for monies outstanding from the Defendant in relation to a Parking Charge (reference xxxxxx/xxxxxx) issued on 25/10/2019. The signage clearly displayed throughput University Hospital of Wales, Cardiff - Staff 4, Heath Park, Cardiff, CF14 4XW states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and consitions, including auhotisation being required for parking, by which those who park agree to be bound (the contract). ParkingEye's ANPR system captured vehicle xxxxx entering and leaving the site on 22/10/2019, and parking without authorisation. Pursuant to Sch 4 of the Protection of Freedoms Act 2012, notice has been given to the registered keeper, making them liable for the Parking Charge payable upon breach."   As they claim the PCN was issued in October 2019, I do not recall receiving anything in the post. I did receive a Final notice of Debt Recovery from dcbl, demanding £140. However, it had no reference on the letter so I just ignored it. I logged on to ParkingEye's portal to access photographic evidence and did not manage to find the complete PCN, however, there were just two pictures of the car with a time stamp (please see the attached files). I have copied the parking charge details from ParkingEye's website:   Parking charge details Parking Charge Reference: xxxxxx Vehicle Registration Number: xxxxxx Contravention date/time: 22/10/2019 19:41:52 Contravention location: University Hospital of Wales, Cardiff - Staff 4 Location address: Heath Park, Cardiff, CF14 4XW Stay duration: 0 hours 30 minutes Allowed duration: 0 hours 10 minutes Status: Open Outstanding balance: £155.00 (Please allow 24 hours after payment for it to be reflected on the balance)   I do not recall parking there, however I may have entered the car on multiple occasions on the day to turn the car around.   I visited the car park yesterday to take some pictures (please see the second attached file)   I have completed the AOS on moneyclaim.gov.uk   I am looking to file my defence based on the following points: The photographic evidence supplied by the claimant does not prove the car parked in the above mentioned car park. It just shows the front and the back of the car with two different time stamps. The notice which states that it is a staff car park is located right at the end of the car park, which is not noticeable as you approach the car park and the board seems fairly new to me, the claimant has not provided any proof to suggest that it was there when the alleged alleged offence took place? As they have allowed a 10 minute grace period, a £70 charge for 20 minutes is unreasonable.   Any advice would be much appreciated!! Thanks a lot. Parking Eye 2-converted.pdf 20210725_232345-converted_compressed.pdf
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    • Just need a bit of clarification on this. I run my own online business so I think I've got it right, but just good to have some clarification. I bought some items via ibidder auction site. Typically trade and liquidated items for sale there.  The items were men's fragrances and as I gather, auctioneers skip out of a load of the legal consumer right act jargon (from what I recall). Anyway. Several of these fragrances arrived smashed to bits. I logged it with the auction house with all photo's and evidence, and the staff responding even agreed with me that it was clearly damaged in transit.  Anyway, rather than refund me right away or ask me to return said damaged items to get a refund (as should happen right? After all, they pay insurance for their own benefit, to protect themselves as the sender), they put a claim in without refunding me. It's like they have been waiting for compensation to pay me, and if that didn't happen, it's no money for me.  To stop this getting long, the courier refused the claim because the items they sent were prohibited. Terms state anything made partly of wholly of glass won't be compensated and even so, fragrance rules is no more than 4 per parcel (they sent me around 10). Of course that's not my fault, they are responsible for shipment of goods and if they choose to cut corners, then regardless of it being trade lots, that's on them, not me. They've breached compensation terms of the courier and yet because of them not getting compensation, they wont give me my money back, even though they agreed from the evidence that items were clearly damaged in transit.  My thoughts on this (please tell me if I'm wrong): First port of call as they aren't forthcoming via emails is to put the pressure on them. Truthful bad reviews on sites like trustpilot will surely make them want to do the right thing? (That step is already done, by all means I'm happy to hear that I was wrong or it was stupid).   If that fails then it's down to an LBA, not just for the amount lost out on but also for loss of value of other items in the package (glass, liquid damage to those items reducing the value) and reasonable hours lost where instead of putting into my own business, I've been dealing with them.    The sum is low, some £50 or so. Yet it's the principal. I have to deal with customers day in, day out and if I cut corners by not fully insuring shipments, then it's me who takes the brunt and has to refund the customer anyway, so why should another businesses risk mean I've lost out? Thanks
    • both pages are in the earlier upload LFI   dx  
    • You have only shown part of the PCN. Could you please show the rest of it. Parking Eye are usually pretty good at complying with PoFA but not this time.
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Set aside hearing against hsbc


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I instead of amending my claims against the banks applied to have new claim forms issued. No probs. One has been accepted and 2 have been refused. The two that have been refused are by the same judge. The one that has been accepted has been by another judge. Same court. I then did a n244 application and have recieved a date for 24/08/10. The reason given is :

 

It is ordered that :

 

1. The claimants application to amend the claim form is refused on the grounds that the proposed amended particulars of claim do not disclose any viable grounds of challenge under the unfair contract terms consumer contracts regulations 1999.

 

2. Claim dismissed

 

3. No order for costs.

 

What do i do at the hearing to set aside. apart from taking in the permission to reissue from the allowed one anything else i can do ? Only received this notice on Saturday.

So whats cooking today ?

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Sorry I missed this, lmam............

 

How did it go on 24th ?

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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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As we were going in the barrister for hsbc gave me a witness statement which they had already passed to the court a few weeks ago. The judge asked me if i wanted to go outside for 10 mins and read the statement and then come back in. I said no as i would need longer to seek legal advise on which he allowed me 28 days adjourned with liberty to restore. Counsel were asking for £1650 plus vat for costs which the judge refused at the same time saying there is nothing stopping them from claiming the expenses by restoring the hearing.

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Well done lmam, :)

 

They will keep playing these sneaky tricks ,,.. hoping to stampede you into hasty decisions..... I'm sure the judge recognised what their game was ...you should have been given a copy at the same time as the court ......... that won't endear them .....

 

Gives you time to prepare a really good case , and don't forget to point out to the court the shenanigans the bank has been pulling to try to win this .....I think it comes under the heading of abuse of process ........... trying to bulldoze you (and the judge ) into accepting iffy evidence .....

 

Because IMHO , if their evidence was strong they wouldn't need to resort to these underhand practices ......

 

Let's know how it progresses , mate , be interesting and will help others in the same boat ...........:)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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They are duty bound to give you copies of everything they intend to rely on in court ............. so you should write and ask them for a copy of the WS , you can't progress with your case unless you know what argument the other side is using ............

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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They are duty bound to give you copies of everything they intend to rely on in court ............. so you should write and ask them for a copy of the WS , you can't progress with your case unless you know what argument the other side is using ............

 

I wrote off to them asking for it. I also previous to the hearing wrote to them several times and phoned them several times but got no reply. Judge says if position is same at next hearing then hsbc are facing major costs.

So whats cooking today ?

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I'd say let 'em hang themselves then Lmam, especially if you get the same judge ........

 

Whatever , the old judge should have made case notes so whoever picks it up should know that the bank are playing silly beggars ....... IMHO it is a cynical 'Abuse of Process ' and they should be made to pay dearly for it ............. the courts are getting cheesed off with being (mis) used by banks to frighten people off ......then the banks solicitors turn up , usually woefully unprepared and hope to get away with it ......

 

If the court sees that you have made all the right moves and the bank hasn't , you should be quids in ....... lol (to coin a phrase ! )

 

If you have time to look at 'FedUpAnd FightingBack's thread on his/her court case you'll see a classic example of how to stuff 'em .......

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim-**SUCCESS**&p=2598209&viewfull=1#post2598209

Edited by johnnymitch
added link ..............

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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The order came through today it says :

By consent hearing adjourned generally with liberty to restore if the court has not received a request from either party to restore the hearing by 4 pm XX September 2010 then at that time on that date without further order MR XXXX application XXXXXXXX will stand dismissed and the proceedings will accordingly remain concluded.

So whats cooking today ?

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