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    • Hello I've got a parking ticket, see here... https://ibb.co/DfHqg9F https://ibb.co/QvqH52m https://ibb.co/pbPPdDg https://ibb.co/X2F1X25 I've been parking at a particular corner in a small Tesco car park for years. Recently they put two electric charging plugs, one where that spot is and one at the bay next door, so I stopped using them out of courtesy in case they need to be used (I use that Tesco every day and drive past every day but have yet to see anyone use them). Recently I went back to Tesco when it was reasonably dark. All the bays were full, including the three blue badge bays. I have one but none of the cars parked in the bays did, I noticed as I walked past them (nobody ever gets pulled for that because Tesco have never policed this small car park before). Since there was two free electric bay spaces, and since I wasn't going to be long (just one product), I parked into my former 'regular' spot. There was a notice on the wall but if I'm honest I didn't read it because (a) I'm thick, and (b) I honestly thought it was just telling people how to use the device (like I said, I'm thick) rather than this being a parking fine. I went back during daylight and the sign is very obvious (as you can see from the picture), although not so obvious at night, although probably still obvious enough for you to tell me "tough luck, pal". Now they want £100 or £60 if I pay quickly. Am I doomed?
    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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  • 3 months later...

Bank Fodder, your link at Post 1 on this thread does not seem to provide the correct document for Mercantile Court. Your link does not deal with CPR (Civil Procedure Rule) 59, which is specifically for Mercantile Courts.

 

I hope the following may be of use for those who have had their claim for bank charges ransferred to the Mercantile Court and wish to know more about CPR 59 (Mercantile Courts) and the Case Management Information Sheet (CMI Sheet) etc.

 

Firstly, do not be frightened if your case has been transferred to the Mercantile Court. The Courts will have made the transfer to make it easier for themselves as they have been inundated with hundreds/thousands of claims for repayment of bank charges and this is their way of pulling several claims together for a group hearing all on one day. At Leeds Mercantile Court for example, they listed 99 cases for a 7th February directions hearing (not a trial) and another 77 cases for a 26th April 2007 directions hearing, with many of those cases actually being settled by the banks in the days before those planned hearings. Experience has shown that the Mercantile Court route should turn out to be easier and quicker for you than going down the County Court individual claims route. See the various threads on this Mercantile forum to see what has happened at previous Mercantile Court hearings.

 

A word of warning. If your case is transferred to the Mercantile Court and you are invited to attend a group directions hearing, it is imperative that you inform the Court as soon as possible if you will be unable to attend. (Telephone the Court to discuss with them and confirm in writing).They are usually very understanding. They will either agree to you not attending or they will give you a new date to attend.

 

The Civil Procedure Rules CPR 59, CPR 18, CPR 31 etc are obtainable by clicking here Department for Constitutional Affairs - Home Page (web site dca.gov.uk). They come in the form of the actual Rule eg CPR 59 entitled 'Mercantile Courts' and a separate 'Practice Direction' document (clickable in the top right of the CPR front page). Either use the 'Search' facilty on the DCA web home page eg search for 'CPR 59' or to get straight in, forget the home page and click here PART 59 - MERCANTILE COURTS (web site justice.gov.uk/civil/procrules_fin/contents/parts/part59.htm)

Change the 59 to 18 in the www. address to get to Part 18 and change to 31 to get to Part 31 etc. (Once you get into the relevant 'Part', don't forget to click on the top right of the page to get into the 'Practice Directions' document for that Part).

(Changing the number to 27 will give you info about the Small Claims Track and changing the number to 29 will give you info about the Multi-Track).

You might also find the HMCS guidance booklet EX305 for the Multi-Track useful, click here www.hmcourts-service.gov.uk/courtfinder/forms/ex305_0806.pdf . (The Multi-Track is normally the only track used in the Mercantile Court. The Mercantile Court does not normally use the Small Claims track, but see the note below).

 

Note: some Mercantile Courts up to now have dealt with the bank charges cases slightly differently depending on which Mercantile Court. For example Leeds Mercantile state in the letter of invitation to the Hearing that the claimant is to send a CPR 59 Case Management Information Sheet (CMI sheet) to the Court prior to the hearing. Other Mercantile Courts (eg London) do not make any mention of a requirement for a CMI sheet. If in doubt, I suggest you phone the Court to ask what they require to be sent prior to the hearing.

Also Leeds Mercantile mention the Multi-Track (see CPR 29) which is the normal method in the Mercantile Court, whereas London Mercantile mentions the Multi-Track but has specifically stated the intention that the 'Small Claims' rules for costs will apply even though it is the Mercantile Court.

 

PS 7/6/07: since writing this post 3 and the other posts/threads about the CMI sheet, to make life easier, those posts and threads have now been brought together complete with example answers for the CMI sheet on one sticky thread Case Management Info Sheet in this Mercantile forum so I suggest you go there for the CMI sheet rather than taking the CMI sheet from here. In particular see Post 15 of that thread.

 

[Anybody wanting the Case Management Information sheet, I have extracted the CMI sheet, see below, and you should be able to lift it from here. Alternatively if you have any problem doing so, you can get it from 'Practice Direction to CPR 59' at Annex A of that document.

(If you download it from Annex A, save it on your pc as a pdf file.

Then open the saved pdf file on your pc, then save it again as 'editable text' or 'save as text' (eg this will be saved on 'Notepad').

Then open Microsoft Word. Choose 'all files' and you should be able to open the Notepad file. Then save as a 'Word' document and you can fill in the answers and alter the font/layout).

 

Note that on the CMI sheet that CPR 18 is entitled 'Further Information' whilst CPR 31 is entitled 'Disclosure and Inspection of Documents'. Therefore if you want the bank to provide information, I assume this is under CPR 18. If you want the bank to disclose documents that it has in its possession then I assume it comes under CPR 31.

 

If a CMI sheet is required by the Court, you should also serve a copy on the defendant.

 

 

Case Management Information Sheet

 

 

Insert Title - v -

 

(Claim No. )

 

 

 

Party filing: The Claimant

Solicitors:

Advocate(s) for trial:

Date:

 

Substance of case

1.

Parties

2. Are all parties still effective? -

3. Do you intend to add any further party? –

Statements of case

4. Do you intend to amend your statement of case?

5. Do you require any “further information” - see CPR 18? -

Disclosure

6. By what date can you give standard disclosure? –

7. Do you contend that to search for any type of document falling within CPR 31.6(b) would be unreasonable within CPR 31.7(2)? -

8. Is any specific disclosure required - CPR 31.12? –

9. Is a full disclosure order appropriate? -

10. By what dates could you give:

(i) any specific disclosure referred to at 8? - .

(ii) full disclosure? -

Admissions

11. Can you make any additional admissions? –

Preliminary issues

12. Are any issues suitable for trial as preliminary issues? -

Witnesses of fact

13. On how many witnesses of fact do you intend to rely at the trial (subject to the court’s direction)? -

14. Please name them, or explain why you do not. -

15. Which of them will be called to give oral evidence? -

16. When can you serve their witness statements? -

17. Will any require an interpreter? -

Expert evidence

18. Are there issues requiring expert evidence? -

19. If yes, what issues? -

20. Might a single joint expert be suitable on any issues (see CPR 35.7)? -

21. What experts do you intend (subject to the court’s direction) to call? Please give the number, their names and expertise. -

22. By what date can you serve signed expert reports? -

23. Should there be meetings of experts of like disciplines, of all disciplines? By when? -

24. Which experts, if any, do you intend not to call at the trial? -

25. Will any require an interpreter? -

Trial

26. What are the advocates’ present estimates of the length of the trial? -

27. What is the earliest date that you think the case can be ready for trial? -

28. Where should the trial be held? -

29. Is a Pre-Trial Review advisable? -

A.D.R.

30. Might some form of Alternative Dispute Resolution assist to resolve the dispute or some part of it? -

31. Has this been considered with the client? -

32. Has this been considered with the other parties? -

33. Do you want the case to be stayed pending A.D.R. or other means of settlement - CPR 26.4; or any other directions relating to A.D.R.? -

Other applications

34. What applications, if any, not covered above, will you be making at the conference? -

Costs

35. What, do you estimate, are your costs to date? -

36. What, do you estimate, will be your costs to end of trial? -

 

 

Signed:

(Claimant)

 

 

Before proceeding any further, ignore the next paragraph and see the PS at the bottom of this post.

 

If you want to see how a CMI sheet has been completetd, go to the thread entitled 'Mercantile Hearing 20th Feb'. In particular see Post 12 to 14 of that thread. Also see my additional notes at Post 5 of this Mercantile Court Guide thread.

(Sorry this information is a bit long-winded, but it has developed through time as and when new information has come to light. It might seem complicated at first, but it is not - stick with it).

 

PS 7/6/07: since writing this post 3 and the other posts/threads about the CMI sheet, to make life easier, those posts and threads have now been brought together complete with example answers for the CMI sheet on one sticky thread Case Management Info Sheet in this Mercantile forum so I suggest you go there for the CMI sheet rather than taking the CMI sheet from here. In particular see Post 15 of that thread.

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  • 2 months later...

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PS 9/6/07: All of this post 5 is now updated and covered at Post 15 of the new sticky thread http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/96212-case-management-info-sheet.html

 

Original post 5: Additional notes that I have compiled for completing the CPR59 Case Management Information Sheet (CMI sheet):

 

Item 4. The ‘statement of case’ can also be taken as being the ‘Particulars of Claim’ on the N1 claim form. If you have made any error in your claim, here is a good place and opportunity to correct matters. If you want to fundamentally change your claim, eg the amount of the claim or the items claimed for, then you can say so here, but you will also need to complete the N244 court form and send to the court.

Item 13. If the claim were to be dealt with on the Small Claims Track, the claimant would be able to take a ‘lay representative’ (e.g. a friend or a relative) to any hearing/trial to speak on the claimant’s behalf if the claimant did not feel confident enough to speak him/herself (HMCS Booklet EX307 ‘The Small Claims Track’ page 9 states so). The Mercantile Court normally only deals with cases on the Multi-Track and as such normally only recognises the claimant (ie 'the litigant in person') and the claimant's professional legal representative if the claimant has one. The fact that your case has been transferred to the Mercantile Court, not the County Court Small Claims Track, should not preclude you from taking a lay representative with you, but you will need to write to the Mercantile Court to ask the Court's permission for you to take a ‘lay representative’ with you stating the reason as being that the Small Claims Track would have allowed you to do so and through no fault of your own the case has been transferred to the Mercantile Court. You should give the Court the name and address of your intended lay representative. If you are taking a lay representaive with you, the anser to item 13 should be 'two' and the answer to item 14 should be 'the claimant and his/her representative', and then answer 15 accordingly.

Items 35 and 36.

The rate of £9.25 per hour is the allowable charge for ‘claimant in person’ (also often referred to as ‘litigant in person’) on the Multi-Track in the Mercantile Court. If the matter gets as far as the Court hearing, you will have to justify the hours claimed and the expenses. (Where possible keep a log of your time spent and receipts for expenses e.g. photocopying, special delivery postage etc.). I suggest that you be sensible about the hours claimed - do not go 'over the top' if, as a novice, you wasted an exorbitant/unreasonable/unjustifiable amount of time getting nowhere before you eventually found what you were looking for.

Up to now, some Mercantile Courts have dealt with the bank charges claims different to other Mercantile Courts. For example, the Leeds Mercantile Court’s notice of case management conference/ directions hearing refers to allocation of cases to the Multi-Track, not the Small Claims Track. (Under the Multi-track, the winning party can request that the losing party pays the winning party’s costs). However, the London Mercantile Court’s notice of hearing refers to a Small Claims Hearing and the intention that the Small Claims rules for costs will apply. Therefore in respect of the London type of hearing you might wish to delete the answers given at items 35 and 36 on the example answer sheet and insert ‘See the Court’s notice of hearing dated ………… regarding costs’.

 

PS 9/6/07: All of this post 5 is now updated and covered at Post 15 of the new sticky thread http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/96212-case-management-info-sheet.html

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  • 1 month later...
Additional notes that I have compiled for completing the CPR59 Case Management Information Sheet (CMI sheet):

 

Item 13. If the claim were to be dealt with on the Small Claims Track, the claimant would be able to take a ‘lay representative’ (e.g. a friend or a relative) to any hearing/trial to speak on the claimant’s behalf if the claimant did not feel confident enough to speak him/herself (HMCS Booklet EX307 ‘The Small Claims Track’ page 9 states so). The Mercantile Court normally only deals with cases on the Multi-Track and as such normally only recognises the claimant (ie 'the litigant in person') and the claimant's professional legal representative if the claimant has one. The fact that your case has been transferred to the Mercantile Court, not the County Court Small Claims Track, should not preclude you from taking a lay representative with you, but you will need to write to the Mercantile Court to ask the Court's permission for you to take a ‘lay representative’ with you stating the reason as being that the Small Claims Track would have allowed you to do so and through no fault of your own the case has been transferred to the Mercantile Court. You should give the Court the name and address of your intended lay representative. If you are taking a lay representaive with you, the anser to item 13 should be 'two' and the answer to item 14 should be 'the claimant and his/her representative', and then answer 15 accordingly.

Hi Calculator

 

Your posts are very helpful in this forum and make things a whole lot clearer for those of us who are struggling with this, as many others of course

 

I have a little question regarding the lay representative and writing to the court. Do I write to the courts first and wait to hear back from them before sending my cmi sheet or is it possible to send my request along with the cmi sheet?

 

Regards

Mick

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Mick,

 

Thanks for your note of appreciation. It's nice to know that my posts are of some use.

 

With regard to writing to the Court about taking a lay representative with you, you can either send a letter separately from the CMI sheet or send the letter with your CMI sheet.

 

If you have plenty of time until the hearing and are not yet ready to send the CMI sheet, then you might like to send a separate letter in advance.

 

If time is short and you are ready to send your CMI sheet by Royal Mail Special Delivery, it's probably best to send your letter about the lay representative with that so that at least you can track the letter and know that both the CMI sheet and lay representative request letter have reached their destination. Then if the Court do not have the time to reply (they are probably inundated with the number of cases at the moment), you can take a copy of your letter (and your lay representative) with you to the hearing and can demonstarte that the letter was sent.

 

You might like to phrase the the letter to the Court something on the lines of the following (use your own words by all means):

 

Case No. and title

 

1. As requested in the Court's notification of hearing, I enclose my completed CMI sheet. I have served a copy on the defendant.

 

2. I also request permission to take a lay representative to the hearing to speak on my behalf. My reasons for this are ............ (refer to what it says in the small claims notes for guidance HMCS Booklet EX307 page 9 and make specific reference to that item).

State the name and address of your lay representative.

 

In completing the CMI sheet items 13, 14, 15 assume that you will have no trouble in getting the Court's permission to take a lay representative and complete the sheet on the basis that the lay representative will indeed be attending. (The court are usually very obliging on this matter). I don't think you need state the lay representative's name and address in the CMI sheet at this stage. Hopefully your claim will be settled before it gets to the hearing.

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Hi Calculator,

 

I'm also due at the Leeds Mercantile Court Hearing on 28th June against Lloyds/TSB, I've been looking for a link/thread you mention regarding filling in this CMI sheet but I can't actually find the 20th Feb thread where you say there are example sheets?! I'm anxious to get this CMI sheet filled in asap but haven't a clue where to start could you tell me the quickest way to find this thread?

 

regards,

 

Tenmen10:cool:

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Hi,

 

Forget that last one, after two days of looking I've found it. For anyone else looking for the thread with suggestions on filling in a CMI sheet for a Mercantile Court Hearing, go to the A-Z link and follow the second link, there are 2 posts but read BOTH to see which applies to you!!!

 

regards,

 

Tenmen10:cool:

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