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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • 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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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spannaman vs RBS


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Hello all,

 

Amazing to see such great advice and stories of success on here.

I've been checking the forum for a few months now & started my own claim a while ago.

 

I got as far as sending the two letters to the bank, requesting the amount of charges I was claiming back. 14 days after they'd not replied to the 2nd letter I was due to start the online moneyclaim process, however I didn't get round to it as was getting ready for my holiday. Upon my return I forgot all about it until a few days ago. Doh :rolleyes:

 

What I'd like to know from any experts please is am I still ok to go ahead with the moneyclaim after this delay of several weeks? The problem being that it will now be more than 6 years since some of the charges I am claiming for were applied.

 

Edit: I have been searching the site for an answer to this but haven't managed to find anything covering this scenario.

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I don't profess to be an expert, but I would say you can still go ahead with your claim. It may be wise to write to the bank again just to remind them of your intentions, then you can go ahead with it in the knowledge you have given them prior warning.

 

I think you may have to amend the original claim to take out the charges that are more than 6 years ago. You could put your amended claim schedule in your warning letter..... say something like

 

'I last wrote to you on xx.xx.xx requesting the refund of charges you have levied on my account which I now believe to be unlawful. I would point out that the original 14 day period I defined for resolution of this matter has now ended without satisfactory conclusion. As such please consider this notice that I am now beginning court proceedings against you for the full amount of £xxxx plus 8% interest at £xxxx plus costs. Please find enclosed my amended schedule of charges which reflects this.'

 

I hope this helps. Good luck :)

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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Personally I would just submit your claim now and not worry about those few charges that dropped off the end. If you think about it that would of happened to lots of people that have gone through this process, however it doesn't seem to make a difference.

 

You have given then sufficiant time to settle and they haven't, so there is no point writing to them again.

 

File with moneyclaim today. If the bank want to contest a couple of old charges they will, however it is very unlikely.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Actually, I may have better news. If you used the templates (or at least somethin akin to them), you will have already given notice to the bank that you would be seeking a full refund of these charges. I believe the date of your SAR will be where you can go back 6 years from.

 

Thats what I think, although I will no doubt be corrected if anyone knows better.

 

Hope this helps.

 

J

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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