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    • The incident was 03rd March 2024 - and that was the only letter that I have received from MET 15th April 2024 The charge I paid was at the Stansted Airport exit gate (No real relevance now - I thought this charge was for that!!).   Here is the content of email to them (Yes I know I said I was the driver !!!!) as said above -  I thought this charge was for that!! "Stansted Airport" Dear “To whom it may concern” My name is ??  PCN:  ?? Veh Reg: Date of Incident: 03rd March 2024 I have just received a parking charge final reminder letter, dated 10th April 2024 - for an overstay.  This is the first to my knowledge of any overstay. I am aware that I am out of the 28 days, I don’t mean to be rude, this feels like it is a scam My movements on this day in question are, I pulled into what looked like a service station on my way to pick my daughter and family up from Stansted airport. The reason for me pulling into this area was to use a toilet, so I found Starbucks, and when into there, after the above, I then purchased a coffee. After which I then continued with my journey to pick my daughter up. (however after I sent this email I remember that Starbucks was closed so I then I walked over to Macdonalds) There was no signs about parking or any tickets machines to explains about the parking rules. Once at Stansted, I entered and then paid on exit.  So Im not show where I overstayed my welcome.. With gratitude    
    • Just to enlarge on Dave's great rundown of your case under Penalty. In the oft quoted case often seen on PCNs,  viz PE v Beavis while to Judges said there was a case for claiming that £100 was a penalty, this was overruled in this case because PE had a legitimate interest in keeping the car park free for other motorists which outweighed the penalty. Here there is no legitimate interest since the premises were closed. Therefore the charge is a penalty and the case should be thrown out for that reason alone.   The Appeals dept need informing about what and what isn't a valid PCN. Dummies. You should also mention that you were unable to pay by Iphone as there was no internet connection and there was a long  queue to pay on a very busy day . There was no facility for us to pay from the time of our arrival only the time from when we paid at the machine so we felt that was a bit of a scam since we were not parked until we paid. On top of that we had two children to load and unload in the car which should be taken into account since Consideration periods and Grace periods are minimum time. If you weren't the driver and PoFA isn't compliant you are off scot free since only the driver is liable and they are saying it was you. 
    • Thank you dx. I consider myself well and truly told :) x Thank you dx. I consider myself well and truly told :) x
    • Doubt the uneconomic write off would be registered, unless you agreed to accept write off settlement of the claim. It is just cosmetic damage. All that has happened, is that the car has been looked at and they realised the repair costs are going to exceed the value of the car. If the car is perfectly driveable with no upcoming normal work required to pass next MOT, your current Insurers will continue Insurance and you can accept an amount from third party Insurers to go towards you repairing the scratched bodywork.    
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Thanks for responding so quickly onlyme. I didn't know whether to get it in straight away or not. They said they were going to get a copy of the statutary default notice to me, but I'm still waiting!

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Hi all

 

Received a letter this morning from CQ saying that they were reminding me that they would still be willing to resolve without going to court for the set-aside and wasting court time and incurring costs on either side?

 

If I lose, will I have to pay costs? I was under the impression that this wouldn't cost me anything (except the hours of work involved!).

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Hi all

 

Received a letter this morning from CQ saying that they were reminding me that they would still be willing to resolve without going to court for the set-aside and wasting court time and incurring costs on either side?

 

If I lose, will I have to pay costs? I was under the impression that this wouldn't cost me anything (except the hours of work involved!).

 

Just the usual scaremongering Capquest Bobity, they are the ones who are wasting court time and should be made to pay for it - be polite to the Judge but state your case firmly.

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hi

 

Just getting things together and a further complications rise.

 

Re service of the SD. I had got the rule down as IR 6.3(2) Requirement to Service (mentioning creditor trying to effect personal service and about how the creditor has to demonstrate he tried to contact etc and only when all this fails, then and only then can they post the SD). Then I looked back at something I'd written awhile back and this says it is CPR PD INSOLV 11.4 Which I looked at and it looks right - but so did the other? Anyone know which I should go with?

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Hi Bobity,

what I've got is that the SD does not comply with the rules of insolvency in that the demand was served by 1st class mail and not by a process server and then CPR PD INSOLV 11.4 blah blah, then the bit about Barry and this is in contravention of rule 6.2 of the Insolvency Service, if you haven't got the longer version of this, I'll post it up for you tomorrow sometime - don't stress.

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Do not only focus on the poor service of the demand as after all you have admitted that you have received it!!

IMHO Better to focus on the fact that you put the account into serious dispute as you had not received the agreement and that you believe the agreement is unenforceable and has unfair charges and interest added to it this is exactly what I did and they didnt even turn up

They sent me a similar letter to yours which I ignored and went on to gain my costs

only me

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Thanks both

 

I am working through the points one by one on the witness statement - the delivery of the sd being the first.

Next point is that a statutory notice of default has not been forthcoming. I actualy SARed Egg, and they say they dont have anything that matches my details! Must have destroyed them.

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Better to focus on the fact that you put the account into serious dispute as you had not received the agreement

 

I did receive the agreement, but it was a microfiche barely readable copy, of an Egg agreement from 2000 which I believe are missing a few prescribed terms.

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Got a letter today from CQ saying that they have filed their witness statement and enclose a copy covering letter to the court saying that they can't add anything more to the witness statement, asking to be excused from attending the hearing.

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Got a letter today from CQ saying that they have filed their witness statement and enclose a copy covering letter to the court saying that they can't add anything more to the witness statement, asking to be excused from attending the hearing.

 

Honestly, what a cheek Bobity, wonder what the Judge would do if you sent in a letter requesting the same, I presume your hearing is imminent? Their costs must be mounting, don't seem very confident do they?

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I am surprised that they haven't withdrawn the SD (if they can do that). I'm hoping it will be easier without them there. Just need to finish off my documents (will probably be posting like mad over the next day or two), and get my costs in now. This time next week I will know one way or the other.

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Hi Bobity,sorry for the delay been busy last few days - in answer to your panic question, wouldn't think they would because it would cost them big money and they are already trying to limit their costs by asking to be excused from the hearing!

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Been to court today... and Won! The judge told me to sit down, appologised for keeping me waiting, said he'd read everything I'd put on the witness statement and that as the other party weren't there to defend he was granting the set-side. Big thanks to everyone who helped me with this, especially Miss Muppet who practically mentored me through the whole thing! Got costs as well.

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Well done Bobity, so pleased to hear you got a switched on Judge who didn't let Crapquest waste his time, proud to be of assistance, don't forget a little something for the site when you get the dosh and don't forget to help other people with the same probs as onlyme has done as well.

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Yes I will definitely make a donation. The judge was really lovely and it wasn't as scary as I thought it would be. Although one fear was that someone would see me going into court! Onlyme, you were right about not focussing on the poor service. After he'd granted the set-aside he did point out to me the very same thing that you did! Anyway, glad this bit is over, waiting to see what they come up with next.

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Yes I will definitely make a donation. The judge was really lovely and it wasn't as scary as I thought it would be. Although one fear was that someone would see me going into court! Onlyme, you were right about not focussing on the poor service. After he'd granted the set-aside he did point out to me the very same thing that you did! Anyway, glad this bit is over, waiting to see what they come up with next.

 

Hopefully a large cheque - lol!

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  • 2 weeks later...

Hi

 

 

Capquest have gone a little quiet now so think it is about time you reported them to the OFT if you haven’t done so already.

 

 

Please bear in mind that the template letter on the first page of this thread:

http://www.consumeractiongroup.c o.uk...=1#post3422496

 

may not be suitable for all and you will have to adapt it to your own circumstances I.E

You applied to get it set asidelink3.gif and CQ didn't turn up

You applied and CQ agreed to discontinue

You ignored and CQ did nothing

 

 

Today the OFT set out some new guidance and sending SD's as a debt collectionlink3.gif tool is now frowned upon.

If you want to read it, here's the link

http://www.oft.gov.uk/shared_oft/con.../OFT664Rev.pdf

 

You can complain by email and the OFT will email you back a form to sign and post back to them for them to be able to add your complaint to their list.

 

 

http://www.oft.gov.uk/contactus;jses...1D83BF00 04F6EA

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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