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    • He was one of four former top executives from Sam Bankman-Fried's firms to plead guilty to charges.View the full article
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    • further polished WS using above suggestions and also included couple of more modifications highlighted in orange are those ok to include?   Background   1.1  The Defendant received the Parking Charge Notice (PCN) on the 06th of January 2020 following the vehicle being parked at Arla Old Dairy, South Ruislip on the 05th of December 2019.   Unfair PCN   2.1  On 19th December 2023 the Defendant sent the Claimant's solicitors a CPR request.  As shown in Exhibit 1 (pages 7-13) sent by the solicitors the signage displayed in their evidence clearly shows a £60.00 parking charge notice (which will be reduced to £30 if paid within 14 days of issue).  2.2  Yet the PCN sent by the Claimant is for a £100.00 parking charge notice (reduced to £60 if paid within 30 days of issue).   2.3        The Claimant relies on signage to create a contract.  It is unlawful for the Claimant to write that the charge is £60 on their signs and then send demands for £100.    2.4        The unlawful £100 charge is also the basis for the Claimant's Particulars of Claim.  No Locus Standi  3.1  I do not believe a contract with the landowner, that is provided following the defendant’s CPR request, gives MET Parking Services a right to bring claims in their own name. Definition of “Relevant contract” from the Protection of Freedoms Act 2012, Schedule 4,  2 [1] means a contract Including a contract arising only when the vehicle was parked on the relevant land between the driver and a person who is-   (a) the owner or occupier of the land; or   (b) Authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land. According to https://www.legislation.gov.uk/ukpga/2006/46/section/44   For a contract to be valid, it requires a director from each company to sign and then two independent witnesses must confirm those signatures.   3.2  The Defendant requested to see such a contract in the CPR request.  The fact that no contract has been produced with the witness signatures present means the contract has not been validly executed. Therefore, there can be no contract established between MET Parking Services and the motorist. Even if “Parking in Electric Bay” could form a contract (which it cannot), it is immaterial. There is no valid contract.  Illegal Conduct – No Contract Formed   4.1 At the time of writing, the Claimant has failed to provide the following, in response to the CPR request from myself.   4.2        The legal contract between the Claimant and the landowner (which in this case is Standard Life Investments UK) to provide evidence that there is an agreement in place with landowner with the necessary authority to issue parking charge notices and to pursue payment by means of litigation.   4.3 Proof of planning permission granted for signage etc under the Town and country Planning Act 1990. Lack of planning permission is a criminal offence under this Act and no contract can be formed where criminality is involved.   4.4        I also do not believe the claimant possesses these documents.   No Keeper Liability   5.1        The defendant was not the driver at the time and date mentioned in the PCN and the claimant has not established keeper liability under schedule 4 of the PoFA 2012. In this matter, the defendant puts it to the claimant to produce strict proof as to who was driving at the time.   5.2 The claimant in their Notice To Keeper also failed to comply with PoFA 2012 Schedule 4 section 9[2][f] while mentioning “the right to recover from the keeper so much of that parking charge as remains unpaid” where they did not include statement “(if all the applicable conditions under this Schedule are met)”.     5.3         The claimant did not mention parking period, times on the photographs are separate from the PCN and in any case are that arrival and departure times not the parking period since their times include driving to and from the parking space as a minimum and can include extra time to allow pedestrians and other vehicles to pass in front.    Protection of Freedoms Act 2012   The notice must -   (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;  22. In the persuasive judgement K4GF167G - Premier Park Ltd v Mr Mathur - Horsham County Court – 5 January 2024 it was on this very point that the judge dismissed this claim.  5.4  A the PCN does not comply with the Act the Defendant as keeper is not liable.  No Breach of Contract   6.1       No breach of contract occurred because the PCN and contract provided as part of the defendant’s CPR request shows different post code, PCN shows HA4 0EY while contract shows HA4 0FY. According to PCN defendant parked on HA4 0EY which does not appear to be subject to the postcode covered by the contract.  6.2         The entrance sign does not mention anything about there being other terms inside the car park so does not offer a contract which makes it only an offer to treat,  Interest  7.1  It is unreasonable for the Claimant to delay litigation for  Double Recovery   7.2  The claim is littered with made-up charges.  7.3  As noted above, the Claimant's signs state a £60 charge yet their PCN is for £100.  7.4  As well as the £100 parking charge, the Claimant seeks recovery of an additional £70.  This is simply a poor attempt to circumvent the legal costs cap at small claims.  7.5 Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practice continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (…) the claim is struck out and declared to be wholly without merit and an abuse of process.”  7.6 In Claim Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ''It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverabl15e under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4)) of the Civil Procedure Rules 1998...''  7.7 In the persuasive case of G4QZ465V - Excel Parking Services Ltd v Wilkinson – Bradford County Court -2 July 2020 (Exhibit 4) the judge had decided that Excel had won. However, due to Excel adding on the £60 the Judge dismissed the case.  7.8        The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.   7.9        It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4).   In Conclusion   8.1        I invite the court to dismiss the claim.  Statement of Truth  I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   
    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • 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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Recently, I asked MM for a settlement figure, which was quoted at £907. I need this settled ASAP as I can no longer afford the repayments of £200 per month. However, I was not able to settle at this time. After some rejigging of household bills, I proposed to repay the £900 by way of 4 payments of £200 and a final payment of £107. This would fully repay the debt and release security on my car. I offered this as I have already paid un excess of the amount borrowed. The monthly payment was due on the 1st, but due to major household expense, and a change of pay date, I had to delay this to the 23rd. When I spoke to an agent in MM, he refused my proposal and suggested that I increase the monthly amount. The exising amount of £200 per month is unaffordable, and I can only stretch this by 'putting other creditors aside' for a short period. Any advice would be very helpful. The loan was taken out in August 2011 for £1200, to be repaid at £200 pm over 18 months. You can imagine the total amount that would repaid and has been repaid already. When I questioned them about whether the BOS had been registered, they quoted a registration number and date. I am concerned they will try and take the car due to the amount of scare stories I have heard on here.

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When I took out the loan with Mobile Money, they retained the V5 and the MOT certificate as part of the loan agreement. Since then, I have been sent the new V5C by the DVLA. Technically, I should destroy the old V5, but as MM have it, I cant do this. How much power do MM have if they got as far as repossing the car. God forbid, I dont have to get this far. As far as I am concerned, they do not have a current valid registration document.

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  • 2 months later...

Hi there, I'm trying to settle a debt with mobile money, but they are refusing point blank to help. I have £750 in cash obtained from family, but the settlement quoted is £915.41. I will attach the email history below. Can anyone help with this, as I need to sort this out. They already forced me into refinancing after refusing to help before. Many thanks.

 

Dear Mr McGuire,

With reference to your proposal to pay £750.00 to settle your account, I am afraid this is not acceptable . As per your previous conversation with the branch the figure required to settle your account is £915.41 valid until 26/09/2012 .

Should you require any further information please feel free to call the office .

Kind regards, Mobile Money Limited

Good morning,

Further to my email last Friday, to which I have yet to receive any acknowledgement, I now have funds in place. I wish to call into Faraham branch to make my proposed payment of £750 in order to settle the account. I appreciate this is less than what was quoted, but in accordance with my letter and previous emails, I believe this is the best way I can settle this accound, and is what I can afford.

I look forward to hearing from you soon.

Best regards, David McGuire

Good morning Mr Nicholls,

I refer to previous correspondence between me and your company. Despite previous efforts to negotiate with you, I was forced into renewing my loan to avoid going into default. Having taken advice from National Debtline, I am now in a position to settle this account. Please find attached my proposal. Please give this your close attention as I wish this matter dealt with as a matter of urgency. I look forward to hearing from you soon.

Best regars, David Mcuire.

NATIONAL DEBTLINE.

For you, I have attached corresponce between myself and Mobile Money. Please advise if there is any further way you can help with this.

Good morning Mr McGuire

Thank you for your email, I am sorry you are having problems selling your Corsa. We fully understand that once sold the proceeds will be used to settle your loan, however until this happens (which currently is unknown) monthly payments need to be maintained. We therefore require either a payment of £200.34 or full settlement £853.28. The settlement figure is valid until Saturday 28th July.

Kind regards David Nicholls

Good Morning Mr Nicholls,

The time has come for my monthly payment. However, I have decided to email rather than ring. I am in the process of selling another car which is owned by me. This car was expected to be sold so that I would be in a position to settle the account this morning. However, due to timewasters at the weekend, the car remains unsold. The car is a Vauxhall Corsa, used solely by myself to get to work. My wife needs the Focus as the family car as we have two young children. The corsa is listed on ebay, Autotrader and Gumtree. Is there some way I can place a hold on the account as I expect the car to be sold within the next week. I need to settle this account as soon as possible and need all the support that has been lacking so far in order that I can do this. Please can you also confirm the up to date settlement figure, as I suspect this has channged since my last contact with you. This is despite me trying to raise funds based on the previous settlement figure. I am away on site all day and tomorrow and am unavailable on the phone. However, I can answer emails later on today. I look forward to hearing from you very soon.

Best regards, David McGuire

Good afternoon Mr McGuire

Further to my last email, I have not been able to stop any future late payment letters going out before you are next due to pay on 23rd July 2012. This is due to an automated system. I can however, confirm that providing the arrangement is keep, any fees applied when the letters are sent will be removed. This will ensure that you achieve your aim of settling the agreement as quickly as possible . I am sorry for the inconvenience this may cause

David Nicholls

Good afternoon Mr McGuire

I have reviewed your agreement and see that an automated letter was sent to you on 21st June 2012, this was before you paid and made the current payment arrangement. I have however, today removed the £12.00 fee which was applied at the time this letter was sent.

I have noted on the agreement that you will be paying on 23rd of each month, this as you state will ensure no more late payment fees

Should you have any other questions please do not hesitate to contact me

Kind regards David Nicholls

Good afternoon Mr Nicholls,

I was dissapointed when I rang the Portsmouth Office last Friday to make my monthly repayment. I was offered the chance to refinance the credit agreement over another 18 months. This contradicts my aim to affordably repay this debt as soon as possible. Today, I have received a letter threatening repossession of my car despite making a payment on Friday.

May I now request that the new payment date is set to the 23rd of each month. This will avoid any further arrears charges being added to the account and allow me sufficient time to try and find funds to settle this account. If I cannot raise the funds, I will have to pass your recent letter along with my income/expenditure forecast to a debt counselling agency. I look forward to hearing from you soon.

Best regards, David McGuire

Good Morning Mr McGuire

Thank you for your response, and further explanation of your current situation. Unfortunately we do not negotiate on early settlement figures and can only accept what the full settlement figure is on the day of settlement, this ensures that you receive the correct level of rebate to which you are entitled. Please contact the Fareham (Portsmouth) branch direct to make payments and arrange any future payment plans

Kind regards David Nicholls

Good afternoon Mr Nicholls,

Many thanks for your prompt reply. We seem to have a bit of a sticking point in this, so I will look at seeking advice from one of the debt counselling agencies. In the meantime, I am looking to raise as much cash as possible to finally settle this account. This is proving difficult, hence my letter and emails. What is the minumum you will accept as full and final settlement. I cannot afford the full settlement figure quoted last week. However, I may be able to raise some funds if you are prepared to negotiate. Also, do I continue to make payments to the Portsmouth Office or to head office, or by bank transfer. Please bear in mind that I need an answer to this before I consult any debt counselling agencies. I look forward to hearing from you soon.

Best regards, David McGuire

Good afternoon Mr McGuire

Please find attached my response to your letter and emails, I have sent the original letter in the post today

Kind regards David Nicholls

Hi there,

I spoke to your colleague, Ash this morning regarding the account, and despite the content of my letter, there was no negotiation about freezing the interest to allow me to repay the loan quicker. In fact, Ash even tried to convince me to increase my payments and allow the loan to be repaid in full. This is unnafordable and unsustainable. As the letter explained quite clearly, I wanted some negotiation on this, as I need an end date on this loan sooner rather than later. The alternative is to reduce my payments to this account and pay off all my outstanding bills in a truly pro-rata amount. I would prefer to prioritise this debt and pay this off in four payments of £200 and a final payment of £109.62 to clear the settlement figure quoted today by Ash. Please give this proposal your serious consideration as adding any further interest to the loan will only exasperate the situation. I look forward to your prompt responce on this.

Best regards,

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43 views and no replies. Can anyone help with this. I've had more repllies from Mobile Money local branch saying that they are under direction from Head office. H.O are copied in my emails, but are ignoring me and leaving it to the branch.

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Update on this one. Called into office with agreed amount of £750 to settle the account. Staff in branch argued Ts &Cs etc. You've probably heard it all before. Anyway, on way home, I received phone call saying Head Office have agreed to meet me halfway between my offer and their required amount. Okay, I've only saved £80 here, but its the principle that counts. Obviously, I'll be happy when car is free of HPI mark and all documents returned to me, but they have confirmed by email, this is what will happen. Next stop, PPI reclaims!

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I can't believe no one responded to you and thanks Davy for responding to my post :) I wish I could advise you but I'm at a loss myself with my own problems with car cashpoint :( :( I was trying for a time order on my account not sure if you could do the same but now been told I can't for a bill of sale :( good luck Davy

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