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    • 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
    • Would still like to see the court bundle  Any part ex as deposit or any deposit paid on the agreement does imo count towards the one third or the half in the case of a VT
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HELP! XMAS Claim from CABOT / WRIGHT HASSALL CLAIM for old EGG Card


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Ok thanks Andy, so anything disclosed later cannot be relied on, has to be now or never

(I think that's what you were saying?)

 

cheers,

gf2k

 

Disclosed later ? later than what?

We could do with some help from you.

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Disclosed later ? later than what?

 

Sorry, disclosed later than/after Standard Disclosure today.

I understand there is a running requirement to disclose right up until the trial hearing?

If so I imagine there must be a mechanism in place to file/submit/disclose new docs that come to light even after the Standard Disclosure deadline?

 

thanks

 

gf2k

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Okay with you...well its called a Supplemental Disclosure...but it has to be by application with fee and consent of the other party and it will require a further witness statement (supplemental)

 

So tricky and costly

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31#31.13

We could do with some help from you.

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Okay with you...well its called a Supplemental Disclosure...but it has to be by application with fee and consent of the other party and it will require a further witness statement (supplemental)

 

So tricky and costly

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31#31.13

 

ok thanks Andy, back to you later if I have any other questions.

Cheers,

gf2k

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Hi Andy,

I had terrible issues submitting my N264,

 

 

I completed it in good time but couldnt print it until yesterday at the library as my home printer didn't work.

 

As a result I had to email but it didn;t allow electronic signature so I still had to find a way to print it.

 

I downloaded the completed N264 to a usb and took it to the library

but their systems didn;t recognise it,

the N264 was blank and I was stuck at the library with an hour to go and no information to complete a new one.

I couldn't get back home in time

 

 

the only way I could redo the N264 was get my wife to send photos of the completed version on my pc at home.

 

She did this and I re-typed the form, printed it, signed it and re-scanned it

but throughout this the library system kept logging me out repeatedly and closing what was working on

so although I did finally email the court and WH it was pretty much dead on 4pm so slightly over time when they got it.

 

I've emailed a letter to the court tonight with a full explanation of the technical issues/extenuating circumstances which were a comedy of errors,

but I don't know if it'll do any good.

 

Am I scuppered irrevocably or is it possible the court will take into account those circumstances

and the fact that I'm LiP without the financial & technical resources of a solicitors?

 

Frustrated.:mad2:

Thanks,

GF2k

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N265 GF...dont worry time is not as critical as the actual Witness Statement and Disclosure itself.

We could do with some help from you.

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Thanks for coming back to me so quickly Andy,

That's good to hear but I'm going to go back to the library to scan/copy their receipt from yesterday and also print a hardcopy of a Screen Print of the printer problem.

 

Oops, N265, noticed that this morning too so corrected my letter, I'll email it again with everything when I have the receipt scanned in and print it off at the library too.

 

If I take that all in to the Court and submit it physically over the counter will that be dealt with/seen by the judge quicker than my emails?

I understand emails and post are usually running 10 days behind due to the backlog but perhaps over the counter is different?

 

Thanks,

gf2k

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GF the N265 is between you and the claimant only in the main...the court will not be too concerned what is actually on that list...as long as disclosure happens at the appropriate time.

You must serve copies on the court of your actual disclosure and witness statement

We could do with some help from you.

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Thanks Andy should i just send everything voluntarily to save time?

 

If this were smalls claim track I would say yes GF...but as we are in Fast Track you must follow the directions.

 

Disclosure List by xxxxxxx

 

Disclosure exchange by xxxxxxxxx

 

Witness Statement by xxxxxxxxx

We could do with some help from you.

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Thanks Andy,

My concern is that WH may use my being 3 mins over to use this strike out my defence.

The Order has a warning in bold at the top:

Warning: you must comply with the terms imposed upon you by this order otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make a formal application to the court before any deadline imposed upon you expires.

 

Also, when I got their N265 last week they had enclosed the only document in their Disclosure List that I had not already received, so i have nothing to request now.

 

Surely I may as well do the same proactively to be safe? They will most likely ask for the docs anyway this week (they have until next Monday) and at the least if I file everything in the list proactively it will dissuade the court from agreeing to any application they may make to Strike out?

 

Surely I won;t be penalised for providing everything voluntarily?

 

Thanks,

Gf2k

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Well visa versa they may not require anything you have on your list...the 265 as stated is not a stringent part of the directions...in fact some parties do not even use it in Fast Track.

We could do with some help from you.

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I understand it's not the done thing, in fact it's overkill but the letter of the Order hasn't been adhered to so I'm thinking overkill might help mitigate the risk of Strike Out on a technicality.

 

If I was in their position I would try any opportunity to Strike out given that there is a clear warning in the Order but do you think the court would see that as overkill on their part given that the 265 was only 3 minutes late, albeit by email?

 

I know it's my own little storm in a tea cup but I'd rather go overboard to be safe, I just keep remembering how unforgiving the judge was.

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I personally would leave it...sanctions imposed for a 3 min delay on a N265 exchange...you would be the first ever GF:-)

We could do with some help from you.

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I personally would leave it...sanctions imposed for a 3 min delay on a N265 exchange...you would be the first ever GF:-)

 

Thanks Andy, at least I'm ready for any request which may reach me tomorrow. fingers crossed...:-)

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Hi Andy/everyone,

An update and some questions if anyone can help please:

 

Disclosure

I've had no bounceback from WH's email address after submitting my N265 Disclosure List on Monday, but also no confirmation of receipt which I find odd/worrying.

I've still not sent any hardcopies, money is extremely tight so posting hardcopies (which I have to pay to produce too) means I can't unless absolutely unavoidable, however I'm wondering if I need to send hardcopies today to be safe?

 

Less urgently but also important some questions that may affect my Witness Statement:

Interest:

Since C@b0t bought the balance from egg c£14k in 2009 they have added interest "at a rate of 12% per annum on a simple basis." so they estimate now c£22k with legal costs.

This is despite not providing a Signed agreement at any time for an account opened in May 2004.

Do I have grounds to dispute this interest given the account is in dispute?

 

No Signed Agreement

I have always understood a signed agreement is needed for pre-2007 agreements but they seem to think not?

Could anyone clarify what the limits of this defence might be for me?

 

Many thanks everyone,

gf2k

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" Less urgently but also important some questions that may affect my Witness Statement:

Interest:

Since C@b0t bought the balance from Eggicon c£14k in 2009 they have added interest "at a rate of 12% per annum on a simple basis." so they estimate now c£22k with legal costs.

This is despite not providing a Signed agreement at any time for an account opened in May 2004.

Do I have grounds to dispute this interest given the account is in dispute?"

 

Given that the account has been terminated...how can they add interest ?

 

A reconstituted is fine with regards to complying to a section 77/78 request.....but if the agreement is pre 2007 they need the signed executed agreement to enforce it in Court

We could do with some help from you.

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Thanks Andy,

That's very much my view but WH are increasingly firm that it's reasonable for their client to charge interest and that they only need reconstituted docs.

As regards Termination would a "Your Egg Card account has been cancelled...", cut up your cards etc. letter be sufficient?

As regards Signed agreement what point of law may I quote in future/on my WS?

 

One last thing...WH have drafted a letter to request docs from my disclosed list but haven't sent it yet (apparently pending approval?) and the deadline is monday for requests to be in.

Their rep may give me a call to go make the request verbally.

Is this acceptable or is it a strict enough deadline that I should try an application to strike?

 

thanks,

gf2k

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Okay here is an upload which will tell you all about enforceability and section 77/8 requests...so glean from this what ever you need for your ws.

 

Guidanceonsections77_78_79oftheConsumerCreditAct1974.pdf

 

Parties are encouraged to discuss and agree disclosure so its fine to proceed with that.

We could do with some help from you.

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thanks Andy, I'll have a good read through but just on the question of the letter is cancellation essentially termination?

if as I hope it is then do I need to try to include it in disclosure in some way or is referring to cancellation in my WS enough?

 

cheers,

gf2k

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As regards Termination would a "Your Eggicon Card account has been cancelled...", cut up your cards etc. letter be sufficient?

 

 

I would say that any reasonable person would be under the impression that their account had been terminated - yes !

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thanks CB,

Egg definitely stopped charging interest from that point yet as soon as C@b0t bought the debt 3 years later they started to add interest.

Their claim includes c£6k+ interest which from what you and Andy have affirmed they have no right to charge.

 

Is this a potential claim killer or just a negotiation point?

Either way do I have to present the letter to prove the point? it isn't in the disclosure list.

 

Cheers,

gf2k

 

 

 

Also CB I'd appreciate your view regarding

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Also CB I'd appreciate your view regarding the signed agreement question.

Particularly if you know what case law I could quote to shut them down?

 

At the CMC their rep only provided reconstituted agreements but the judge lapped it up saying that it was a long time ago and the court accepts that sometimes in these situations original documentation gets lost/can't be found, the docs are all that the claimant has been able to find so they are acceptable...which completely contradicted my understanding.

 

Thanks,

gf2k

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