Jump to content


  • Tweets

  • Posts

    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)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; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
  • Recommended Topics

  • Our picks

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

Car mechanic problems!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2598 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

Not that its new ....its called Group Litigation in the UK and is covered by CPR Practice Direction 19b

 

Here is your list...

 

https://www.justice.gov.uk/courts/rcj-rolls-building/queens-bench/group-litigation-orders

 

:-)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 1 month later...
  • Replies 451
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

QUESTION!Can the defendant decide to counter claim and not inform me until I am with them in court? Is this allowed at all?

 

Full story for the appropriate advice...we cant advise on one line snippets.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I am going to court via MCOL small claims track.

 

Date is to be confirmed.

 

They refused the mediation service, I agreed to it.

 

I was wondering if the defendant could decide to counter sue on the day without prior notice.

 

I am not sure what other info you would want. Please tell me and I will provide any required information.

Link to post
Share on other sites

" I was wondering if the defendant could decide to counter sue on the day without prior notice "

 

No they cant...they must submit their counter claim (PT 20 claim) with their defence....if they wish to submit a counter claim after the defence they must get the courts permission.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 4 weeks later...

hi all....update!

 

ive been given a court date.

 

the letter I got is telling me that I need to supply all of the documentation I intend to rely on to the defendant 21 days before the trial. is this right?

 

i'm sure someone said earlier in the thread that I should hold back info until the court date so that the defendant doesn't have time to prepare?

 

please advise

Link to post
Share on other sites

Yes that's correct...as the court has directed it...if you fail to comply your claim can be struck out.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Both claimant & defendant will have the same time frame to file & serve. You can delay sending yours until closer the time to see if you receive theirs first but will have to submit by the date given and raise it with the court if you haven't received theirs.

Link to post
Share on other sites

hi all....update!

 

ive been given a court date.

 

the letter I got is telling me that I need to supply all of the documentation I intend to rely on to the defendant 21 days before the trial. is this right?

 

i'm sure someone said earlier in the thread that I should hold back info until the court date so that the defendant doesn't have time to prepare?

 

please advise

 

In English Court's there should be a cards on the table approach to litigation and not ambushing your opponent on the day of the trial with all of your evidence.

 

If you fail to submit your evidence in time the Court could either disallow it at the trial or strike out your claim completely.

Link to post
Share on other sites

ok thanks for the response.

 

does this mean I have to provide every single bit of my response to his defence though?

I have provided all of the evidence already.

 

its just that he has provided some additional defence recently and I have not responded to him directly,

I sent the docs to the court though.

 

the actual evidence remains the same.

actually there is one bit of additional evidence which is the written testimony of someone else that has an issue with his work. that's it, nothing else.would I have to provide this?

 

help please?

Link to post
Share on other sites

actually there is one bit of additional evidence which is the written testimony of someone else that has an issue with his work. that's it, nothing else.would I have to provide this?

 

If this is in the form of a witness statement, the court are not obliged to accept it unless the person concerned is prepared to attend the hearing.

 

Regarding the evidence, if you have already submitted all the documents you need to prove your case (and disprove the defence) then you need do nothing more. You will however need to prepare your witness statement and submit copies to the court and the defendant before the date on the order. This should be numbered paragraphs setting out in a logical order all the events leading up to the incident giving rise to the claim and detailing exactly what you are claiming for and why, where necessary making reference to supporting evidence, which should also be clearly labelled and identified. For example, you might say 'On x date, the defendant gave an estimate (exhibit A) stating that ...'. Stick strictly to facts which you are able to prove and keep it as concise as you can whilst covering all the issues - i.e. don't go off on any tangents ranting about cowboy mechanics etc. I would recommend doing this well in advance - it will take much longer than you think and it's a good idea to leave a few days for 'tweaking' and plenty of time for postage. You must send a copy to the defendant as well as the court.

 

Apart from making it really easy for the judge to see exactly what your case is, this is also your opportunity to make sure you have provided and explained all the evidence - if you're left with a bit of paper at the end that isn't mentioned in your witness statement then either you need to mention it or it's not relevant. Even if you've already submitted all your evidence, I would prepare at least three copies of your statement and the evidence, all properly labelled, and ideally with an index so that you can easily find, for example, the invoice dated 5th August. Keep one for yourself and highlight the most important points - a judge will sometimes only give you 5 minutes to summarise your case. Send one to the court in plenty of time, but be prepared for it not to make it all the way to the judge and have a spare, just in case. If you have genuinely already submitted all the evidence to the defendant, it's up to you if you want to send him just the witness statement or the whole bundle, but again it's good practice to have a spare copy to present to him/her at the hearing if only so that they can easily follow your case/find relevant documents. There's nothing more irritating to judges than having to fumble through 100 bits of paper to find the right one or watch someone else doing it. It may seem like a lot of work but anything you do to make life easier for the judge is worth the effort.

 

Bottom line is that the 'fail to prepare, prepare to fail' adage goes double for a court hearing no matter how informal small claims is supposed to be. At worst, you'll have thoroughly familiarised yourself with your case, at best you will be so obviously well prepared that the defendant doesn't bother turning up - but don't hold your breath! Good luck.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

How did you submit your evidence needadvice1 ...considering we have only just got to Standard Disclosure stage ?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks for the responses.

 

I have submitted my evidence via my response to his defence. I basically wrote a massive documents refuting all his points with evidence where possible. I sent this to the courts and the defendant has it too.

 

In terms of this additional witness statements. It's in the form or personal messages on an online forum that I've printed off. Do I need to send this to the defendant ?

Link to post
Share on other sites

the online forum I refer to is similar to the one we are on now.

so, if I were to send you a private message on this forum and you were to respond.

 

 

the record of that would be stored as private messages in your inbox

and you could print these off.does that make sense?

Link to post
Share on other sites

The messages can be used as evidence provided you attach them to your properly formatted witness statement...which you will sign a statement of truth on...that will become your evidence.

The witness statement and all documents relied on will be your standard disclosure.

 

Anything that you have already attached to the defence response and sent wherever means nothing...

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Ok Andy. Please can you clarify a couple of things. What is a "standard disclosure", how do I know the proper format for a witness statement is?

 

Why does my response to the defence mean nothing? I don't understand. I made many many valid points in there that disprove the defendants claims.

Link to post
Share on other sites

Your response means something...the evidence you attached means nothing because its not the appropriate stage of proceedings to attach evidence...standard disclosure is.

 

Standard disclosure is when you provide all the evidence you wish to rely on and have referred to in either your particulars of claim or witness statement...the courts advise within your Notice of Allocation when this stage happens along with exchanging witness statements and disclosure.

 

You will find an example of a Witness Statement at post #106 in the following thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?370562-Drydensfairfax-taking-me-to-court-on-behalf-of-honours-student-loans/page6

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I think I understand what your saying.

 

the latest is that ive been given a court date and been advised to submit all docs I am relying on in court.

is this not the point at which i'm supposed to supply my evidence etc?

 

to me,

the response I wrote to the defendant contains most of my evidence,

 

I would just resubmit this and call it my standard disclosure/particulars together?

 

I am not sure why it would be useful to anyone to separate the two?

 

I haven't seen anything from the court mentioning the words "standard disclosure" FYI.

Link to post
Share on other sites

The process is......

 

You submit claim....

They submit defence.....

You inform the court you wish to proceed.

The court sends out Directions Questionnaire (N180) to both parties.

You file DQ and the court sends out Notice of Allocation.

Claim is transferred to local county court

 

The Notice of Allocation contains the Courts directions that both parties must comply with in preparing for trial..the directions are usually you pay an hearing fee and and both parties prepare their standard disclosure/ evidence and witness statements and the dates on which it must happen.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

all of that has already happened.

The latest thing was a letter saying "x is your court date and make sure you send all of the docs you want to rely on in court to the defendant and the court beforehand plus pay the fee by a certain date"

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...