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    • 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.
    • 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.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
    • 1 Date of the infringement 16th March   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received unsure   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.   Have you had a response? [Y/N?] post it up Yes, rejected:   Site: Sea View Car Park, PL27 6SR Date of Event: 16th March 2024 We are in receipt of your challenge in relation to the above Parking Charge. Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error. As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'. 'The Contract' also details that there is an exception for those with a valid mobile session in place. Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'. Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined. We note that you have submitted evidence of payment; however, said payment is not for this location. It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay. In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter. Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to. Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter. 7 Who is the parking company? Alliance Parking LTD   8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall   For either option, does it say which appeals body they operate under. IAS Hi there, thanks in advance for any help on this.   Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense. I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.) I only had receipts for two instances so I assume the first it didn't go through as had terrible signal. Paid £60 for one of the fines. Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.   Have now received the attached letter of claim. I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance. LOC-alliance-1.pdf Apologies, 2nd page of LOC here. LOC-alliance-2.pdf
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beatsurrender v yorkshire bank**WON**


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Hi, if they have until 13th to reply you shouldn't raise your claim until 14th. If they reply after you've lodged your claim they're too late and will have to follow the court procedure which means acknowledging your claim and defending it or admitting it is owed, because your claim will have increased to include court costs and possibly county court interest.

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  • 4 weeks later...

letter recieved today 3-11-06 saying they have an intention to defend all of the claim the defendant has 28 days from the date of service of the claim form with particulars of claim or of the particulars of claim to file a defence .

 

whats my next step do i just sit it out or will i have to go to court to defend it myself ? god this is scary now willl they sit and squirm for 28 days AND PAY UP ? PLEASE ANY HELP ?

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Don't panic - sit tight. YB seem to be waiting til the last minute to send thier defence - they are also making some offers at this point of varying amounts. You just have to wait and do nothing for 28 days - you are nowhere near the point of standing up in court - as yet I don't think any one has had to do this yet.

Yorkshire Bank: Claim for £4777.85! :o MCOL sent 03/10/06

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Read up on the court process on the MCOL site. I found that helped a lot, and keep reading the FAQ's etc and the threads so that you get a feel for what to expect. There are a few cases that YB have settled now, so look at the Successes sub-forum as well. As Judi says, you are a long way from court yet, so get reading, because the more you understand, the more confident you will become about the whole thing.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, 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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Yorkshire Bank PLC

Customer Relations(box14)

Clydsedale Bank Exchange

20 Waterloo Street, Glasgow, G2 6DB

Re: RH/YBR/06-001092

Response to settlement offer.

 

Dear Neil Mckirdy

Thank you for your letter dated 03/11/2006

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account.

 

I will accept the sum offered (£569-50p) only as part settlement and on the clear understanding that I will pursue recovery of the remainder, and will continue with a County Court claim to which you have until the 29-11-2006 to respond positively.

 

You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

is this letter appropriate as the yorkshire have replied to my court papers and have filed acknowledgement of service which gives them 28 days to file a defence am i right ?

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i have recieved a arrears outstanding letter from yorkshire bank for £119-46 p from 2004 is there a letter to send them to say hang on a minute you owe me £1,120 from your bank charges dont you think you should be sortin this out before chasing me for this small sum ? there saying there taking legal proceedings its through jeremy sutcliffe solicitors ?

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Due to some recent events the advice on partial settlements has changed, and it may be unwise to accept this as part payment. YB tried to strike out JulesTools claim as he had accepted the cheque as part payment, but in his case he hadn't cashed it so it wasn't a problem. You could ask YB if they will accept a change to their conditions and pay on the understanding that you will pursue the balance. I doubt somehow that they will accept this, in which case you reject the offer. If they have sent a cheque, cut it in half and send it back.

 

Is the arrears letter regarding the account that you are claiming for, or were there and charges on it. If either of these are the case, then write and tell them that the account is in dispute and they should take no further action until the dispute is resolved. What are the legal proceedings they are threatening?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, 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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i wont be cashing the cheque should i send it back with a letter and what would i quote in the letter ? yes it is the account im claiming for is owed when they closed my account and it says our client yorkshire bank has passed this debt to commence legal proceedings in that the event you may be liabl;e to pay court costs and solicitors fees ! can i ring the solicitors to telll them this or is it best to write ?

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Put everything in writing. Send the cheque back cut in half, to the person who sent it (Neil McKirdy?) and tell him that you require the full amount of the claim to prevent your court case proceeding.

 

Also write to the person stated on the arrears letter pointing out that the account is in dispute and that no further action should be taken until the dispute is resolved. Send a copy of that letter to Neil McKirdy and to the solicitors who I assume are a debt collection agency. Always put everything in writing, and keep a copy for your own records for when you need to do a bundle of documents for the court.

 

Keep us posted.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, 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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Got it in one.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, 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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My goodness it's on time. There's a turn up for the book. In the next few days you will get an allocation questionnaire from the court which you will need to complete, and probably pay a fee, which you will also get back when you win. There is a sample AQ in the the Bank Templates Library on how to complete it.

 

Don't worry about the defence. As long as there isn't a counterclaim on the end of it that will be all you need to do for now. Take a deep breath and read the defence without panicking. I suspect the defence is nothing more than a series of denials that they are in the wrong, that you agreed to abide by the T's and C's, it's all your fault and that they have systems to pay for.

 

If there is anything radically different post it on here and we'll try and help. I found it useful to look at the law that they are quoting, which is in response to the law you quoted on your POC. You will find it all in the forums Statutes Library and if you can pick out the sections referred to you will see you have right on your side. Once you understand the legal bit it all fits into place and is much less scary. You have plenty of time to get your head round it so keep reading.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, 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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It's just a part of the process to allow the judge to decide whether it should be allocated to small claims, fast track or multi track.

 

The guidelines on MCOL explain the court process.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, 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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