Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • anotheruser0000
      Parking Fee Paid But Input Incorrect VRN

      By anotheruser0000 · Posted

      Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Although, any individual in a similar position should decide for themselves what they think is an appropriate course of action. Also, I continue to be grateful for any advice you give on my own particular case.  
    • dx100uk
      Parking Fee Paid But Input Incorrect VRN

      By dx100uk · Posted

      you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • anotheruser0000
      Highview/DCB(L) ANPR PCN - Letter of Claim - Now Claimform - overstay - Riverside Retail Park in Norwich, Norfolk.

      By anotheruser0000 · Posted

      Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • lookinforinfo
      Highview/DCB(L) ANPR PCN - Letter of Claim - Now Claimform - overstay - Riverside Retail Park in Norwich, Norfolk.

      By lookinforinfo · Posted

      Though it would be Highview you would  pursue. DCBL are nonentities-on their best day,
    • anotheruser0000
      Highview/DCB(L) ANPR PCN - Letter of Claim - Now Claimform - overstay - Riverside Retail Park in Norwich, Norfolk.

      By anotheruser0000 · Posted

      Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

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

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Three Mobile / Lowell / Dryden court claim

thunderballs

By thunderballs
in Telecoms - mobile or fixed

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2931 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Mike_hawk

Mike_hawk

Posted
Posted

Ok, will keep an eye on your thread.

 

You can attach your defence in pdf or word/doc format on here. Only visible to forum members so it should keep it fairly safe from prying eyes if it worries you.

 

Just stick to the facts, don't open yourself up to argument that doesnt exist in its pleading.

Link to post
Share on other sites
  • Replies 245
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

thunderballs

thunderballs

Posted
  • Author
Posted (edited)
Ok, will keep an eye on your thread.

 

You can attach your defence in pdf or word/doc format on here. Only visible to forum members so it should keep it fairly safe from prying eyes if it worries you.

 

Just stick to the facts, don't open yourself up to argument that doesnt exist in its pleading.

 

It's more or less the same as the one you referred me to via PM, minus a couple of bits not relevant to my case.

 

Does it read OK to you?

 

Also, should the CPR letter be going to Drydens or Lowells - or both?

Edited by thunderballs
Link to post
Share on other sites
Mike_hawk

Mike_hawk

Posted
Posted
It's more or less the same as the one you referred me to via PM, minus a couple of bits not relevant to my case.

 

Does it read OK to you?

 

Assuming the paragraphs reconcile, can't cross check the 2 on my phone.

 

I would perhaps make the first point a tad stronger, denying any cca regulated agreement was ever entered into.

 

Plenty of time yet, wait on others to look in on monday.

 

Cpr to counsels stated service address on claim pack

Link to post
Share on other sites
thunderballs

thunderballs

Posted
  • Author
Posted (edited)
Have you ever received a notice of assignment?

If so, did it identify exactly what was being assigned?

 

I don't recall ever getting such a document, but I did get threat-o-grams from the usual suspects.

 

All the more reason for requesting a CPR letter, I guess.

Edited by thunderballs
Link to post
Share on other sites
thunderballs

thunderballs

Posted
  • Author
Posted (edited)
Assuming the paragraphs reconcile, can't cross check the 2 on my phone.

 

I would perhaps make the first point a tad stronger, denying any cca regulated agreement was ever entered into.

 

This is entirely true.

 

 

Plenty of time yet, wait on others to look in on monday.

 

That I will.

 

 

Cpr to counsels stated service address on claim pack

 

So, Dryden's get the CPR letter, then? Due to the wording of the CPR letter, it means that the CPR letter would have to be the next course of action.

 

And can the AoS and defence be submitted on the same day? Personally, I don't see why not, unless there's a relevant reason for not doing so.

 

Sorry for replying to the same comment twice - just there's always something else that comes to mind later on.

Edited by thunderballs
Link to post
Share on other sites
Mike_hawk

Mike_hawk

Posted
Posted

If it were me i'd ack now and serve the part 31 about 14 days prior to last date available to file defence. I wouldnt want its response prior to entering a defence.

 

Allow 3 days service for first class post and 7 days for it to respond.

 

This would leave you 4 clear days to file your defence in the event that you have any problems accessing your case online.

Link to post
Share on other sites
thunderballs

thunderballs

Posted
  • Author
Posted
I'm sure t would be regarded as a 'slip', the interest on judgment is the least of it's concerns.

 

Just having worked it out, it doesn't tally up so I thought it may have been something else I could have highlighted - may have been a bit more rope for them to hang themselves with, if nothing else.

Link to post
Share on other sites
  • 2 weeks later...
tifo

tifo

Posted
Posted

If the POC is wrong then the claimant should apply to amend it with the defendant claiming any wasted costs as a result of this.

 

Also, the POC has been signed (by the firm) as true when in fact it contains errors. At the most they will cite admin errors due to the claim being electronically done and that no prejudice has taken place. However, if the whole wording is wrong then you cannot draft a defence. So you should use an embarrassed defence and ask for the claim to be thrown out with no reasonable grounds of success with such pleadings.

Link to post
Share on other sites
thunderballs

thunderballs

Posted
  • Author
Posted

Defence is due in middle of next week apparently (confirmed this with the court), but wondering if I slightly amend one paragraph in my proposed defence submission. It reads :-

"By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

I have requested disclosure of the documentation that the claimant claims to rely on, but it has failed to grant relief."

Link to post
Share on other sites
dx100uk

dx100uk

Posted
Posted

hit the triangle

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
dx100uk

dx100uk

Posted
Posted

report a post

and ask for help

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
steampowered

steampowered

Posted
Posted
I have requested disclosure of the documentation that the claimant claims to rely on' date=' but it has failed to grant relief."[/size'][/color]

 

Personally I do not think this is necessary. You are not at the disclosure stage of the proceedings yet and your Defence already explains that they need to prove the debt. If you still want to mention it I think it would be good to be a little more specific, e.g. something like "The Defendant has made a CPR 31.14 request asking for disclosure of the documents referred to in the Claimant's statement of case but these have not yet been provided".

  • Haha 1

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites
citizenB

citizenB

Posted
Posted

Responded to reported post, however steampowered beat me to it :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
thunderballs

thunderballs

Posted
  • Author
Posted

Defence is now in - got a letter from Dryden's (later on in same day as it happens).

 

Their letter's the 'we'll get copies of the documentation you asked for and allow further time to respond' I was expecting.

 

So, what would happen now, especially now that the defence is already in?

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...