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    • I've read loads of old messages about what to do but feel my case is different, it's a bit of a back story so ill break it down. - Had a letter from an Italian province in July of 2020 for a speeding offence in 2019 for 575 euros, was in a hire car I used for work, no longer work for them and heard nothing from either. - Thought blimey, but went to pay it anyway, it had doubled to over 1100 euros, yeah I can't afford paying that, filled out the attached information sheet to say it was me driving but I have no money or job due to COVID (true story) and sent it back (durrrr) - Heard nothing until December of 2023, a letter from an appointed solicitor from Florence saying if I don't pay, we will chase you through the legal system with costs beared to you. - May of this year, I get a letter from CLI (Credit Limits International) basically saying they have been appointed to carry out the collection, £1475. - Stupidly, I started the 'three letter process' asking for proof etc, and they replied a few days ago with a copy of the fines I had received from Italy, they stated the debt has no terms and conditions as it relates to a fine in Italy and the debt is not subject to the Consumer Credit agreement. I translate that to "at the moment we don't own the debt and have been given authority from Italy to pursue the debt". That is where I am currently at, I would begrudge giving in and paying an obscene amount. As seen from similar threads, I know a threat of a visit is coming, followed by a threat of court action, but annoyingly it hasn't been mentioned how these cases were concluded and the threads are now locked. I've read to ignore them, but can't help but feel that because it's such a substantial amount that they will feel it's worthy of pursuing this no matter the hoops they have to jump through. Along with admitting it was me driving and opening the can of worms by contacting the DCA, it wouldn't look good for me should it ever get to a courtroom.  Has anyone with previous experience managed to 'get away with it'? Anyone know what they're capable of other than nagging me? I'm not after any moral judgment.
    • take the SD card out and put on a pc/laptop then run recuva on it in  select videos only option select specific location hit browse then select drive letter of the SD card. then next  then deep scan then go have a cup of tea..  when done dont recover the all files back to the card select a new folder on your pc/laptop        
    • hi all, i will list my curmcumstance first then list the details of the penalty charge - we are 2 diabled people being affected by the cost of living crisis and are skint etc. i am disabled with mobility issues(arthritis in knees and ankles and gout) and cant operate car pedals anymore so i let a friend up the road use my car in exchange for her driving me about. its a good arrangement as i get a 'chauffer' and she gets the use of car. the car is parked in her drive which is better as i was refused a disabled space (even on appeal) and too much congestion to park the car outside my house. my friend is vulnerable as she has suffered depression and suicidal thoughts since the loss of her mother a few years back, she is dyslexic, she is a carer for one of her sons that is disabled due to mental illness and mobility. she lives in a council house and cannot work. we went to iceland ..attracted by the 10items for £10 offer - we've never been there before. a large artic lorry was parked accross the car park blocking the view of one of the parking signs and blocking the disabled bays where the pay&display machine is. by the time she helped me out of the car and then went to see if it was pay&display then came back to me at the car she said she thinks it was pay even for disabled, so we looked for change in the car which we didnt have (she normally goes asda which dont need to pay for parking)so then we said we'd either go get change or go to asda...so then by the time it took her to help me back in and get out the car park took 15 minutes...5 minutes overstay past the 10minutes grace. the letter from excel parking came through and i sent it back giving her name as driver (before i saw on here that you shouldnt name the driver) then i appealed explaining what happened (lorry blocking etc) and even said we were being descriminated (advised by citizen advice)as we are disabled and 15minutes is not long enough for a crippled disabled man and a woman with dyslexia to read and understandd the sign and get out, then back in the car and look for change then get out the car park in 15minutes. i even explained she was a vulnerable person on anti-depressants and even sent a photo of medication and said if you need a doctors note then let me know....the appeal was rejected. i've emailed iceland over 50 times and they just wont tell excel to cancel this charge - they are ignorant and ive even asked them why they have a webpage saying 'iceland combatting the cost of living crisis' pretending to help their customers and they wont comment...they'd rather put more stress and anxiety on an already suicidal vulnerable person just to get money out of them..so their 'help' during this crisis is a lie as it wont even extend to disabled customers. she has now received 2 letters from DCBL saying she owes £170 for 5minutes of overstay. the last one is a final demand. as she cant read or write very well ive sent a recorded letter to DCBL (as advised by citizen advice) asking not to attend the property due to a vulnerable woman inside the property as it will only exasperate the situation, they have ignored it and basically said we dont care, you still owe. could anyone please advise - we are not very good with letters or these situations and are slow on the uptake.   1 The date of infringement? 28th dec 2023   2 Have you yet appealed to the parking company yet? [Y/N?] yes   If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]cant do that - will have to get my son to do it when he visits   Has there been a response? yes   Please AS A PDF FILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]cant do that - will have to get my son to do it when he visits   If you haven't appealed yet - .........DONT ! seek advice on your topic first.   Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] yes   What date is on it? 15th january 2024   Did the NTK provide photographic evidence? yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'scant do that - will have to get my son to do it when he visits   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] not on the front - maybe on the back but cannot find the letter now   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] yes   5 Who is the parking company? excel   6. Where exactly [Carpark name and town] did you park? gravesend in iceland    
    • Hi Dave, I had no updates on this PCN since my last post in July 2019.  I received no further communications from the parking company.  I changed my address in May 2022. Thanks, I will send a letter to Excel parking to inform about the change in the address. 
    • I have a BMW Advanced Car Eye 3 Pro - I think it's 50/50  In any case, none of the documents / photos sent in the SAR showed a ticket on the car. 
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Cap1 & CCA return


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Maybe the answer lies in the word SHOULD(??)

 

 

Can see where you're coming from jax

 

Dictionary definition of 'shall' (should - past tense of shall) - '...express obligation, command, condition or intention'

 

Doesn't say 'may' or ' might' does it? :wink:

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are you still going to appeal?

 

Yup, absolutely - I am waitign for everyone to check over what I want to put on the form and when I get the order and teh N640 (which should be tomorrow or the enxt day) the the N164 (appeal form) will be submitted straight away!!

 

Bring it on! :)

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Maybe the answer lies in the word SHOULD(??)

 

 

the answer lies in that the judge will see it how they want to be honest - doesn't matter what you tell/show them, if they agree they agree, if they don't, they don't - even if was a a specific paragraph of a specific act saying "the document must be original, otherwise it cannot be used and the court must assume it does not exist" personally signed by the Queen, it would still only mean whatever that specific judge thought it was!!

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Actually now you've thrown a different slant on what I was thinking FG.

 

'shall' ... express obligation, command ... to my mind is interpreted as MUST

 

I was thinking that 'should' would mean 'it ought to be, but doesn't have to' as opposed 'must be'

 

Do you follow?

 

Jeez we really are flogging this one for all it's worth, eh:p

 

And all this started because I have what appears to be an enforceable agreement but not a 'true' copy ... only what looks like a reconstructed scanned document.

 

So even if I get Lloyds to admit to not having the original document ... where does that leave me in terms of getting it deemed unenforceable on the basis there is no 'original' document??

 

Thinks .... I'll write to Lloyds and see what they come back with, ask to inspect the original and then take it from there!!

 

jax

:cool:

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link above doesnt get the one i want Regards gaz

 

Try this: CPR - Parts and Practice Directions

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link above doesnt get the one i want Regards gaz

 

More speifically:

 

PRACTICE DIRECTION – STATEMENTS OF CASE - This practice direction supplements CPR Part 16

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

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Actually now you've thrown a different slant on what I was thinking FG.

 

'shall' ... express obligation, command ... to my mind is interpreted as MUST

 

I was thinking that 'should' would mean 'it ought to be, but doesn't have to' as opposed 'must be'

 

Do you follow?

 

Jeez we really are flogging this one for all it's worth, eh:p

 

And all this started because I have what appears to be an enforceable agreement but not a 'true' copy ... only what looks like a reconstructed scanned document.

 

So even if I get Lloyds to admit to not having the original document ... where does that leave me in terms of getting it deemed unenforceable on the basis there is no 'original' document??

 

Thinks .... I'll write to Lloyds and see what they come back with, ask to inspect the original and then take it from there!!

 

jax

:cool:

 

To be honest Jax, I really think that you'll struggle with this without having to take it to the house of lords and court of appeal.

 

don't forget that in a county court, it's balance of probably over proof beyond resonable doubt - and we've all seen that, despite the explicitness of the CCA, that the DJ's have been making "illegal" rulings that go against the act and in most cases, making rulings against rulings already made by a higher court (hope that makes sense).

 

the court would probably accept a certified copy of an agreement as an original - they have accepted a template pro-forma I was apparently sent as confirmation that the default notice would have looked like that, despite them not having the original.

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That's the same as I posted Uniboy

 

jax

:cool:

 

Oh, sorry! lol :)

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un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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My question again is that, if the judge forms his own opinions, then what is the point of having these practice directions? Doesn't make sense

 

jax

:cool:

 

Je ne sais pas!

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un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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What constitutes a 'certified' copy then?

 

Personally, I think that it shoudl be the original that is produced because otherwise they could say that anything was included and get away with it, but I have first hand experience of what the DJ's are like.

 

A certified copy could be anything - just because the bank has provided it in response, a DJ COULD say it was certified, or if the bank have written "certified" on it, it COULD be seen as a certified copy.....I really don't know mate!

 

Don't forget that they submit this as evidence to the court and the judges don't expect them to lie becasue they could get done for conntempt of court and the judges don't think they would lie.......we all know however that this not the case and the banks would do anything to get their own way.

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My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Personally, I think that it shoudl be the original that is produced because otherwise they could say that anything was included and get away with it, but I have first hand experience of what the DJ's are like.

 

A certified copy could be anything - just because the bank has provided it in response, a DJ COULD say it was certified, or if the bank have written "certified" on it, it COULD be seen as a certified copy.....I really don't know mate!

 

Don't forget that they submit this as evidence to the court and the judges don't expect them to lie becasue they could get done for conntempt of court and the judges don't think they would lie.......we all know however that this not the case and the banks would do anything to get their own way.

 

So .... in your opinion, would you say it would be futile to take this further even if the bank admits to not having original??

 

soz im blind oopsss found it

 

No worries gaz LOL ;)

 

jax

:cool:

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So .... in your opinion, would you say it would be futile to take this further even if the bank admits to not having original??

 

If they have admitted to not having the original then I think it's difficult for them to enforce it anyway.

 

My friend took a credit card co to court regarding them not having an agreement (which they admitted) and the judge allocated it to the fast track - my mate withfrew the claim and did a balance transfer because e did not want to run the risk of and could not afford the costs involved (he would have needed legal rep).

 

It's entirely up to you Jax, it depends on the DJ lottery and how far they decided to take it in terms of to court etc......and again, what the DJ says when it is presented to them.

 

If you asked me before my last experience, I would have said - yeah, do it, I would. right after it, I would have said, "think twice". But now, I would probably say, try to go for it, if you are confident enough and have enough time/money.

 

My claims have been going for over a year and I only just got to trial, which hasn't helped. I don't really have the time or money to concentrate on both claims at the same time so I am only taking the credit card oneto court.

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*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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A certified copy could be anything - just because the bank has provided it in response, a DJ COULD say it was certified, or if the bank have written "certified" on it, it COULD be seen as a certified copy.....

 

That is EXACTLY what a certified copy is Un1 - however it also has to be a 'true' copy & how can the bank (or its solicitors) claim that if they don't have access to the original. And if they do have access to the original, what are there reasons for not producing it in court and are they valid?!

 

and the judges don't think they would lie.......we all know however that this not the case and the banks would do anything to get their own way.

 

Lie - me, m'lud?!! We all know financial institutions are respectable responsible organisations (just look at Barings, N. Rock etc. etc.) & we all take great care of our customers' data (RBS) :wink::grin:

 

FG

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thanks uni

 

What I am thinking is to find out whether or not they have the original agreement. If they do, then I won't pursue it on the basis that the copy I have received is a scanned one.

 

If they ADMIT to NOT having the ORIGINAL, I will take a view when the time comes.

 

Thanks for your advice. It gives you food for thought.

 

jax

:cool:

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I clicked on the link for the £60.00 copy.. looks as though someone has purchased it :D

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Thanks pt:)

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