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    • doesn't matter you've admitted about the DN and anyway where have you done that and to whom?   by assignment arrows are the creditor regardless to your acking of that fact or not.      
    • Just ignore the letter.   Block/bounce their emails or let them come through so you know what they're up to, and keep us posted.............   😎
    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • For PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH       For either option, does it say which appeals body they operate under. Yes    …………………..     This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.      My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.    POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.   docs1.pdf
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BaronessVerney

lost laptop repair case - want to appeal but refused by the judge.

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I really need advice please:

 

 

I went to court end last month:

 

 

Last yr laptop repairman took my laptop to quote on repairing broken screen,

brought back the next day with much damage to hinge area etc,

he denied it so I took him to court.

 

 

There he admitted fault, but I lost the case.

 

 

All my evidence was correct, half of which I sent to court was lost by court including quote I obtained,

 

 

judge had no idea about costs of repairing computers,

many court mistakes especially including the fact I lost the case.

I asked for appeal, it was denied by same judge.

 

Now I need to solve this,

 

 

so far all I have is vague suggestion to write letter of complaint to said court, or solicitors @ £500.00 per consultation alone.

 

 

Thanks for all you can do.

 

 

Sorry it's rather urgent due to court complaint policy.

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What was the value of the laptop originally ? And what would a similar specification laptop cost today ?

 

What was the cost of the repair ?

 

How old was the laptop ?

 

What was the reason for the judgement going against you ?

 

What did you claim for ?

 

Reason for asking questions, is that i think although there was additional damage caused, there was a problem with the claim you were making. The quality of plastic on laptops is not great and it is possible for damage to be caused replacing a screen. On an old laptop, it is questionable how much you could claim.


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Good day to you Uncle Bulgaria.

 

The original cost/value of the laptop was £325.00. A similar one today would be ave £399.00. Same make and same specs @ 5 core.

 

The quote to repair the damage done by the computer repairman (Greg) alone was approx £135.00 (I can't remember the exact price with pence, the quote was sent to the court, my copy is at my parents house, I will know for sure tomorrow). The damage to the hinge was such that it was completely off and the mechanisms inside were on full view with a few bits incl a small spring-type-thing hanging out, it was possible to see through the laptop from from to back, the whole of the lid was wonky and laptop could not be opened more than 2 inches when he brought it back. As the proper 25 years shop establish repairman (Volts UK) stated the whole back was to be realigned and part of the back replaced because of Greg's severe tampering. Previous quotes from Greg were £70.00 to fix the screen, and then £110.00 to fix screen and hinges after he'd had it for a while. That was supposed to be a "special deal".

 

At that time the laptop was 11 months old, it had been used only a matter of around 7 weeks as that's when the screen was broken.

 

The judge did not give a reason for why the judgement went against me, nor any inclination. She re-read the points of both sides, as such, said "Um" and then said "I going to give it to the repairman". Just to note: Many small-but-important things I said in the court APPEARED to be ignored too, whereas some of the same from Greg where taken notice of without proof ~ examples are that he said he didn't receive the last lost of information from me, although I asked him - as we are supposed to keep in touch about that - and refused to reply, and he mentioned his company feedback was great (actually ex-company as his company that used was not a company anymore as he was part of another previously made company, oddly he stated I should have sued his previous company and not him personally) eventhough it was not checked by the judge, I had looked up the new company feedback online and only saw 3, my previous one was not on there anymore at all.

 

I claimed for the sum of the quote and the £25.00 court fee.

 

Thank You.

Edited by BaronessVerney

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Sounds like you issued the court claim against an employee of a company and not the company. This could well be why the Judge refused the claim.

 

I don't fully understand some of what you have said. I would suggest that you phone Citizens Advice, so you can discuss this matter and perhaps you can proceed on the correct basis.


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Sounds like you issued the court claim against an employee of a company and not the company. This could well be why the Judge refused the claim.

 

I don't fully understand some of what you have said. I would suggest that you phone Citizens Advice, so you can discuss this matter and perhaps you can proceed on the correct basis.

 

It was his own company he was the only employee, which is why the court advised to sue him rather than the co. This is not the reason the judge refused the claim at all. I wrote on here to see if anyone had any idea of the procedure of this circumstance, obviously I called the CAB first and foremost, the day after the court hearing, and its out of their jurisdiction to advise, apart from to get a solicitor......... Writing on here was a last resort. Peoplle will either know the answer, or they won't.

Edited by BaronessVerney

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Trying to understand why the Judge refused the claim. They usually give an explanation. Unless you know why the claim was refused, it is difficult for anyone to advise. If the defendant gave false information to the court, if you have proof of this, speak to the clerk of court about how to pursue this.

 

Given the relatively low value of the laptop, it is not worth pursuing in my opinion.

 

Replacing a screen in a laptop is not a difficult job. In a newish laptop, i would expect a skilled technicuan to replace a screen without damaging the laptop.


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Did you have proof of the condition of the laptop before it went in for repair and proof of the condition after repair ? Was there any doubt that the repairman damaged the laptop ?


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It may also be that if the screen was physically damaged it could be very reasonably argued that other damage was there as a result of that initial damage event which was not immediately apparent until screws/mounts are undone.

Plastic does become brittle when exposed to heat etc which will only become apparent when moved as in part disassemble to assess the scope of the damage.


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

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It may also be that if the screen was physically damaged it could be very reasonably argued that other damage was there as a result of that initial damage event which was not immediately apparent until screws/mounts are undone.

Plastic does become brittle when exposed to heat etc which will only become apparent when moved as in part disassemble to assess the scope of the damage.

 

I took my laptop apart. I was quite surprised at the weight of the screen compared to the lightweight plastic that was supporting it. There are some thin metal support strips, but they are not very robust.

 

So yes it is quite possible there was other hidden damage, which only came to light afer screws were undone.


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I'm afraid I think that you have reached the end of the road with this. You can only appeal on the basis of a 'question of law', not a 'question of fact'. The key thing to understand is that an appeal court would not re-hear evidence in relation to the dispute; it would only consider whether the judge has correctly understood the law.

 

Although it is not clear to me why the judge decided against you as I was not there, I cannot identify any 'error in law' from your posts. The question of whether the repairman broke the laptop is a purely factual question. This is a question of fact which cannot be appealed.

 

Unfortunately I don't think there is anything you can do as I cannot see any 'error of law' which is needed to bring an appeal.


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