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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • FTMDave
      Alliance Parking Letter of Claim - snotty letter help?

      By FTMDave · Posted

      I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • lookinforinfo
      Alliance Parking Letter of Claim - snotty letter help?

      By lookinforinfo · Posted

      OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • clou00
      Alliance Parking Letter of Claim - snotty letter help?

      By clou00 · Posted

      Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • lookinforinfo
      Alliance Parking Letter of Claim - snotty letter help?

      By lookinforinfo · Posted

      They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • lookinforinfo
      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By lookinforinfo · Posted

      Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.

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      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.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Got final reminder for unpaid fine from court after 5 years plz help!!

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Old-CodJA

Old-CodJA

Posted
Posted
You'll receive a court date through the post. You can offer a settlement to the company right up until the court date, but whether they accept is entirely up to them. You need to act sooner rather than later if you want to offer a settlement, as it's gone about as far as it's likely to now!

 

If you ignore the summons and don't say anything HMCS will assume you're ignoring it unless they get stuff returned to them presumably, such as 'not known at this address'. Of course that's all well and good, but if a Bailiff attends to recover the debt and you happen to be there, you'll find it's a helluva lot worse for you than simply holding your hands up in the first place. If you genuinely moved house or something, you have the right to have the case re-scheduled and the case re-heard, this is what's known as a Statutory Declaration, and you must do this to the court.

 

Perhaps you missed it Stigy, but this OPs case already stems from a Statutory Declaration. It is a re-issued Summons

 

In my experience the prosecution are less likely to accept an administrative settlement offer in such cases because there is always the chance that the alleged offender had ignored the original prosecution.

 

This does not prevent the OP from writing and offering to pay the fare and all the admin costs in an effort to avoid Court of course.

 

The one thing that is certain is that if the defendant ignores a re-issued Summons and either fails to turn up, or enter a plea after having already made a Statutory Declaration, the prosecutor will remind the Magistrates of this once a conviction in absence has been announced and they will normally take a very dim view in passing sentence.

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Stigy

Stigy

Posted
Posted
Perhaps you missed it Stigy, but this OPs case already stems from a Statutory Declaration. It is a re-issued Summons

 

In my experience the prosecution are less likely to accept an administrative settlement offer in such cases because there is always the chance that the alleged offender had ignored the original prosecution.

 

This does not prevent the OP from writing and offering to pay the fare and all the admin costs in an effort to avoid Court of course.

 

The one thing that is certain is that if the defendant ignores a re-issued Summons and either fails to turn up, or enter a plea after having already made a Statutory Declaration, the prosecutor will remind the Magistrates of this once a conviction in absence has been announced and they will normally take a very dim view in passing sentence.

Indeed I did miss it, although now clearly in the title...whoops, it was late, lol!

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Old-CodJA

Old-CodJA

Posted
Posted
The summons i have received are dated 5 and a half year back . They did not send me the new summons .What is meant by that.Ii am confused. Please advice .

 

If you told the Court you did not know about the original hearing, the rail company are permitted to re-issue the Summons alleging the offence without time limitation.

 

You are Summonsed to answer the charge that you committed an offence 5 and a half years ago.

 

It's now up to you to answer to the Court regarding that charge.

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shamsa01

shamsa01

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I am going to attend the the court on 12th jan. I have got a solicitor now he is going to convince them for out of court settlement if not we are going to attend the court . lets see what happens now I have paid 600 pounds to the solicitor.

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samsmoot

samsmoot

Posted
Posted

I just want to mention that summonses, fixed penalty tickets etc are often cocked up by the issuing party.

 

A similar case was won by a friend after it was spotted that the offence alleged on the summons was travelling without a ticket from station A to station B, whereas he actually got on at station B and off at station A - he simply did not commit the offence alleged on the summons.

 

And another friend got a fixed penalty notice for littering which failed to identify the offence - the actions of the person accused were described but the warden failed to identify the actual offence it constituted - he simply forgot to tick the box. Consequently the fixed penalty could not be paid, as no offence had been alleged, and that was the end of the matter because you have to be given the chance to pay the fixed penalty before it can be taken any further.

 

You lot on here are all very clever and know plenty but it's amazing what can sometimes be achieved by a little studying of the paperwork - standards have dropped a lot over the last few decades and you don't always get the professionalism you might expect. I would suggest that the OP looks (or I can do it if asked) at the paperwork to see if there are any discrepancies - you never know. I woudn't expect the solicitor to bother doing it.

YOU DO NOT HAVE TO SEND YOUR CHILD TO SCHOOL TOMORROW!

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Old-CodJA

Old-CodJA

Posted
Posted
IYou lot on here are all very clever and know plenty but it's amazing what can sometimes be achieved by a little studying of the paperwork - standards have dropped a lot over the last few decades and you don't always get the professionalism you might expect. I would suggest that the OP looks (or I can do it if asked) at the paperwork to see if there are any discrepancies - you never know. I woudn't expect the solicitor to bother doing it.

 

Sending personal and very private documents, such as Court papers via the internet, or to any unknown and possibly unqualified person to read, is a blindingly silly, not to mention possibly dangerous thing to do.

 

Reading the papers accurately is what you are paying a qualified Solicitor £600 to do.

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samsmoot

samsmoot

Posted
Posted
Sending personal and very private documents, such as Court papers via the internet, or to any unknown and possibly unqualified person to read, is a blindingly silly, not to mention possibly dangerous thing to do.

 

Reading the papers accurately is what you are paying a qualified Solicitor £600 to do.

Yes, absolutely correct - solicitors care a great deal about people and always do their best to help their fellow man - yes, best stick to those who really care.

YOU DO NOT HAVE TO SEND YOUR CHILD TO SCHOOL TOMORROW!

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shamsa01

shamsa01

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My solicitor has replied to them in writing and asked them for out of court settlement lets see if they agree or not. I know its going to be expensive but thats the best i can do to obtain legal advise.

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Old-CodJA

Old-CodJA

Posted
Posted (edited)
Yes, absolutely correct - solicitors care a great deal about people and always do their best to help their fellow man - yes, best stick to those who really care.

 

Your sarcasm is understood, but is misplaced samsmoot.

 

Working on the opposite side of the Courts from defence solicitors for a very long time leaves me with no illusions, BUT I would never advocate that anyone send any personal information via the internet, or via any other medium to an unknown third party.

 

I don't think CAG should encourage it either

Edited by Old-CodJA
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samsmoot

samsmoot

Posted
Posted

Sorry for having to answer and now it looks like a thread hijacking, but if personal info is redacted then what's the problem? Sometimes the only way to get to the bottom of things is by closely studying the documents and that's what needs doing IMO. I would not trust a solicitor any more than I would me to do this properly, so the offer still stands - it would not be the first time I have looked at stuff for a cagger. Whether or not I am unknown or unqualified has no bearing on my ability to find discrepancies in the paperwork.

YOU DO NOT HAVE TO SEND YOUR CHILD TO SCHOOL TOMORROW!

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rebel11

rebel11

Posted
Posted

As you say about solicitors, that might be the case, but solicitors are regulated and the consumer has a certain amount of comeback it they haven't carried out their work in a diligent way.

 

Sorry for having to answer and now it looks like a thread hijacking, but if personal info is redacted then what's the problem? Sometimes the only way to get to the bottom of things is by closely studying the documents and that's what needs doing IMO. I would not trust a solicitor any more than I would me to do this properly, so the offer still stands - it would not be the first time I have looked at stuff for a cagger. Whether or not I am unknown or unqualified has no bearing on my ability to find discrepancies in the paperwork.
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shamsa01

shamsa01

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I have got a very important question .In my case judgment was given in my absence on 25 september 2006 which is more than 5 and a half year ,so that means the criminal offence is already been spent, so is there a possibility if i pay the "court fine" which is 178 pounds before the court hearing date i will be fine. But bear in mind I have already given statutory declaration as well. Please advise.

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Old-CodJA

Old-CodJA

Posted
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Your Solicitor should already have told you that, when you made a statutory declaration to the effect that you 'did not know about the original prosecution' and once that was accepted by the Court, the original conviction was declared 'null & void'.

 

Therefore, you cannot now pay that fine because that conviction does not exist.

 

The rail company would have been advised by the Court that this was the case and they would have been told that the effect of the statutory declaration did not alter the validity of their information, so they could start the prosecution again without being restricted by the six-month rule.

 

This means that your summons date on 12th January is effectively a first hearing of the allegation. The prosecution starts afresh.

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shamsa01

shamsa01

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Is there going to be a trail on 12th or i just have to plead guilty or not plead guilty, and the trail would be on later date. i am asking this because I want to save some money by not taking solicitor on 12th and plead not guilty and take him with me on the later date. Thanks

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honeybee13

honeybee13

Posted
Posted

Hello again.

 

I don't know if you've seen OC's stickied thread about going to court, but here's a link in case it helps. There's more than one post about court days.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?313909-What-happens-when-you-get-to-court-by-Old-CodJA

 

Reading that, it looks as though if you plead not guilty, proceedings will be adjourned and there will be a trial another day. Would a quick call to your lawyer resolve that?

 

My best, HB

Illegitimi non carborundum

 

 

 

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shamsa01

shamsa01

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My solicitor has called me today and confirm that TFL has agreed for out of court settlement for 303 pounds. I am very thankful for all the support and advise I have received from this forum. Thanks to all of you. Bye

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