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    • Just remembered!   Now I know this is no laughing matter for either your or your parents, but I guarantee if you read the following  http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1  by the end you won't be able to contain the giggles 🤣   On a more serious note, quote this in your WS as a persuasive case in (5).  Here there is VCS, someone who left the site, no locus standi, lots of stuff similar to your parents' cases.  And VCS took one hell of a hammering!         
    • You are wonderful, Dave!!   I shall get the WS drafted soon as I can! Thank you so much for your help!
    • I thought they were not allowing people to sign for recorded delivery/special delivery now meaning it could still be argued that they ever received it     
    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
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Brenda/Bruce


brenda/bruce
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If you make alterations, this will only give them the excuse to drag on even longer. They will also see it as a weakness and find something else! It is exactly same bog standard letter that I got and you should stick it to them!

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Hi all

Need advice on the following letter which i intend to hand in tomorrow to the court with my AQ. (Not really very good at this sort of thing )

 

Claimant Me

Defendant NatWest

 

Dear Sirs

 

I would like to bring to the attention of the Judge the fact that I have received a letter from the defendants solicitors Cobbetts, telling me thet my claim is unfounded and will not hold up in a court, but if i withdraw the claim they will make a goodwill payment of £4500 as long as I agree not to disclose any detail relating to this payment to a third party.

 

I feel their letter is to cause me the Claimant the utmost distress and most of all to intimidate me. They seem to be using this also as a ploy to delay proceedings and to waste both my time and more importantly the time of the court.

 

As a law firm i find their conduct to be appalling and underhand and i respectfully request that their defence be struck out.

 

Yours faithfully

 

 

Does this sound o.k

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Just ignore this letter, they're just trying to make you think you've forgotten something.......typical tactics from Cobbetts!! :rolleyes:

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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  • 2 weeks later...

I have received this from the court. Is it standard and what do i do.

 

Upon the Courts own motion. The Court has made this order of it's own initiative without a hearing. If you object to the order, you may make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

 

1. Directions will be given in this case by the Designated Civil Judge, His Honour Judge G xxxxxxxxxx. On the 26th March at 10.30 am at Cardiff justice Centre.

 

 

2. The parties may appear in person or make written representation as to how the case should proceed provided a copy of the representation is the court and the other side at least 7 working days prior to the hearing.

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You don't really need to prepare anything for this as I can't honestly see the hearing actually happening. I feel they're using these prelim hearings as a scare tactic in the hope that panic will enter peoples minds and they will actually withdraw their claim.

Not going to happen I'm afraid Nat West.

I'm pretty sure you'll receive your cheque before reaching this hearing date.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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thanks for the info Brenda, the only thing that is worrying me, is i haven't received anything from Cobbetts and i haven't received an AQ yet, where as everyone else seems to have had both of these. Ah well i will just keep swotting up and just prepare myself just in case Cobbetts decide to turn up, i don't want to be caught off guard. Also i found this yesterday might be some use to us, http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/36034-case-management-conference-13th.html?highlight=management+conference

there is quite a lot to take in but it may be handy to know, just in case we end up in court:). If i find anything else i will keep you informed :)

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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Hi Brenda,don't know about you, but its all gone a bit quiet with my claim, i received my ammended POC the other day from the Courts,but stil not a peep out of Cobbetts, any joy with you??

 

Lee

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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Not heard anything Lee, but i do know my sister who is claiming from a different bank is also in the same court, at the same time, with the same judge as us. Now have they blocked booked because they do not think it will get that far or is the judge good at multi tasking.

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i'm hoping for the first option "because they don't think it will get that far" not sure but didn't Cardiff Courts do this in December, maybe they are fed up with all the time wasting by the banks

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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Hi All

Have received a cheque from Cobbetts for nearly £8000 with the usual conditions, my problem is my claim is for over £10000 but because i am desperate for money at the moment i really need to cash this. Is there any way i can cash the cheque and still try to get the rest of the money from them or am i just being greedy.

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Guest peed orf

Poop!

Shame I didn't think of that! :mad:

As the offer was made "without predudice" I thought I wasn't allowed to tell the Court!!!!:?

They are still givin' me a hard time! :-x

Might be worth considering if anyone else gets an offer.

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OK

Have just read a posting from Gizmo111 which makes it clear that if i cash the check i am agreeing to full and final settlement.

After much pondering i have decided that myself and Natwest have been fighting this for too long to end this loving relationship at this stage so the fight goes on.

I take it i send the cheque back with a letter saying thanks but no thanks. My next problem is the limitations act 1980 which they keep quoting to me as my claim runs for longer than 6 years is this going to be a major problem. Any advice anyone???????????

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Limitations should not be a problem. Lots of people have successfully claimed further back than six years. If I were you, I would ring Cobbetts and tell them you are not accepting their cheque. Might be quicker than writing.

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Guest peed orf

Hi Brenda/Bruce

Got mine this morning, they've deducted a bit for being over 6 years, and the daily interest, approx £400. What the hell, I can't spend it if I ain't got it.

So I accect.

Best of luck with whatever you chose to do.

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