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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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    • We have finally managed to obtain the transcript of this case.

      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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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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SWIFT ADVANCES - Excessive Charges


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Ha ha Just had to tell you this.:-D

 

I asked what Eastern Counselling meant (I knew full well it was their own "debt counselling dept" just checking). The girl stated it was because I lived in the Eastern Area. Couldn't stop laughing, got them well trained!! Maybe she meant East as in Asia or China. Will somebody in the west of GB pls ask the same question. Maybe their answer will be because you live in the West but might be moving to the East lol lol

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As I said we need to get a group of us together and form sowe can use presure on FSA OFT & MP's Also the media etc. Maybe evenn a class action!

 

I think the name Swift (they say fast etc) should be for the birds then we cld change it to magpies (thief) or cuckoo (always in soeone else's nest!)

 

I am going to set up an e-mail address callled [email protected] tomorrow (can't use myo wn as I used this for payments) and get the group under way.

 

Pam

 

Be warned any swifties watching we will know who you are as we will require definite proof and I know how to get it thanks to my friendly policeman friend!!!

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Hi

 

Just to let everyone know that I have set up the email address, [email protected] The aim is to set up groups in each area ie Birmingham, Leeds etc. Then when we need to take action these smaller groups can merge into one big bloody fighting force. Swifties think they deal with the "little man" and that we can't do or afford much that is how they think we're over a barrel. Lets see them when we number a vast group say of 100 or so! The object of this will be

 

a) to find out how many there are of us

b) set up a meeting at NO 10 with a finance Minister etc. Groups get much more notice than say 1 or 2 persons.

c) Present a casefile to the FO, the ICO & FSA with details of all our cases etc

d0 Support each other (which this website already does admirably)

d) Start up a petition

e) Trying to engage media/radio etc to listen to views and help present articles relating to Swift Advances

f) Try to stop them conning other people

 

Obviously we def don't want any Swifties joing our group so tomorrow morning I am going to draft up some terms & conditions we will all agree to abide with and also ways that will be needed to prove your identity - Swifties our terms & conditions will route you out so don't even go there!!!

 

If anyone is willing to be an area co-ordinator - no you don't get paid before you ask....but you might end up getting your charges back!!! There is very very little work to do you will just need to keep copy of members in your area and pass on details of any big meetings etc.

 

I will be the co-ordinator for my area and will also work on geting media coverage etc.

 

This is an open group so anyone can suggest ideas help canvass, go to meetings etc There are no bosses here we will all work as one entity to get our cases heard. You can still use yr nickname on emails etc but you will have to disclose whereabouts you are i.e. Sheffield, London etc. but you can read about that tmorrow.

 

AND if you write to swift at any time please write on the bottom

 

cc Beat theSwifties Group

 

 

:whoo:

Off to bed tonight to dream of Swifties leaving their offices and putting padlock on for the final time!

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Has anyone got any idea which bank Swift group use to accept payments. I paid by Visa card but can't remember who their bankers were when I used a Direct Debit. Why I want to know is that I have just got the business/corporate charges for the banks. For example Barclays Corporate charge their buisness customer's £2 for a returned cheque yet Swift charge the customer £35. Mmm seems like that's £33 too much!!!

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Hi John

 

I thought they did but not 100% sure as I cancelled m D/D & paid them using Visa. Just writing to Barclays Buisness Centre to confirm their charges.Barclays have told me that because a D?D is automated they do not have to intervene hence the small charge. They do charge a small amount for a cheque tho as they have to send it back physically. Mmmm wondered how Swifts justify their charges re returned D/D.

 

Pam

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Just a quickie

 

Been in touch with the Treasury Dept and spoke to them re our claims etc. They are willing to look at any documents/arguments etc re 2nd charge mortgages/Loans etc so I am now drafting a letter etc. I will enclose all relevant papers from FSA, FOS etc. It'll weigh a ton I expect. If any person who wishes to add their letter etc, documents etc pls email me at [email protected]. As I said the more of us who complain etc the better chance of us winning.

Pam

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As you can see I'm still up at 02.39 drafting how the dossier will be presented!! Got to make it count. Hoping you'll all support this and send me any info/documents/petitions etc you want included. It's going to the Right Hon Greg Clark at the Teasury. Also will forward it to the FSa & any other department I can think of including HMRC!

Pam

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  • 2 months later...

Hi guys

 

I have recieved my SAR from Swift Advances. There is PPI on there which i DONOT recall them telling me about. Its over £7k! I initially went through a broker to get the loan with swift. Who do i chase to get the PPI back? Any help will be much appreciated Please?

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Hi Guys

 

I have tried to email [email protected]. uk and keep getting a failure notice. Is anyone else getting this problem?

Hi Hunter, It is the Broker that you need to contact regarding a ppi complaint, If you find that the broker no longer is trading then you will need to contact the Financial Services Compensation Service (FSCS) and fill in the necessary form and have them look into you Ppi complaint. As far as i know the "Beattheswifties" group did not take off.Hope this helps.

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  • 1 year later...

Is their a template letter that I can send to swift advances to challenge unfair charges and interest charges and get them paid back to me my charges are currently at £1797.00 and £7545.23 in interest charges or do I have to get a sar

 

I took a loan out with swift advances for £8000.00 in 2007 according to swift advances I have only paid off £254.00 of the loan in 7yrs I find this astonishing I wish I had never heard of them

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  • 5 months later...
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  • 2 weeks later...

They have a rabbit of supplying redacted SARs.....check your paperwork carefully and especially the oil part....on mine there is no paper trail...broker gone bust...alleged ins co have no records at all...even in the actuary sheet no trace of anyone having been paid....

 

I instigated court action for charges and had to give up, cannot match their legal team.

If you kick a Tiger in the Ass youbetter have a plan to deal with its teeth :madgrin:

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  • 2 weeks later...
  • 3 months later...
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The Devil is always a tough beast to beat. There were probably successes before the brokers jumped ship as Swift's reason for not taking responsibility is the loans were not sold by them to the customers, but by brokers. They never say what a wonderful product we sold you, and brush away any critisism and helping people out of the mess they have created, because they can. It's not a wonderful product it's a scandal and they say they don't sell it. The battles continue.

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