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    • 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. Also, I continue to be grateful for any advice you give on my own particular case.  
    • 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
    • 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!
    • 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.
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Barclaycard Charges Reclaim and, now, Default Removal


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Credit cards and Current Account charges/defaults have no connection.....different legislation and sections of the CCA1974

 

Seems obvious to me, so why not to a judge?

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Seems obvious to me, so why not to a judge?

 

Because some are not experienced enough in Consumer Credit Law and are led by the Creditors Counsel

We could do with some help from you.

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another case a judge mis-directing themselves == this is getting to be a sick joke, = no judge should sit on a case they have no knowledge of the area in question - = equates to mis carriage of justice everytime = uurggggggggghhhhhhhhhhhhhhh

:mad2::-x:jaw::sad:
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I emailed BC's sols after the hearing requesting bank details for payment of costs and added that I would pay the £129 default if only to have it marked as settled. Still no reply 11 days later.

 

Meanwhile, I've been wavering about appealing* (the deadline is this Thursday), however, I have yet to receive a copy of the judgement (so don't know exactly what is written into it).

 

Is this normal?

 

*my interpretation of OFT v Abbey is that it actually supports my argument and the OFT guidance on credit card charges as it makes the clear distinction between them and bank overdraft fees, therefore the judgement is "erroneous"... :roll:

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Can take 2/3 weeks to get the judgment typed up and served....subject to which county court.....should you decide to appeal ( I personally would advocate you didn't ) retain the envelope when in receipt as proof of when you got it.

 

Your argument is sound...the risk is you could get the same DJ ?

We could do with some help from you.

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Your argument is sound...the risk is you could get the same DJ ?

 

My dilemma in a nutshell. Probably won't to be honest, galling though it is.

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  • 2 weeks later...
I emailed BC's sols after the hearing requesting bank details for payment of costs and added that I would pay the £129 default if only to have it marked as settled. Still no reply 11 days later.

 

3 weeks later, still no reply from the sols. Are they taking the p*ss?

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Dont be in a rush to part company with your money...they have 6 years to get payment :-)

We could do with some help from you.

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Normally I'd agree, but I'm buying a house and need to not have a CCJ!

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Normally I'd agree, but I'm buying a house and need to not have a CCJ!

 

Have you got the judgment ? are you paying it in full before 28 days ?

We could do with some help from you.

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Yes, and that was the plan - under the circumstances I'd have paid it on the spot, but I still haven't been supplied with any payment details.

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Contact the court and stress that the clock is ticking and the claimant refuses to clarify payment details.

 

Have you actually rang the Solicitor that dealt with the claim ?

We could do with some help from you.

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  • 5 weeks later...

Spoke to the solicitor on Tuesday - "Oh, sorry, I thought I'd sent the information to you - I'll send it out today". Postman's just been. Still nothing.

Ringing the court on Monday.

 

Complaint to SRA, or waste of time and energy?

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Rang the sols on Monday - "someone from the team will ring you back today without fail". They didn't

 

Rang them again on Tuesday.

The plonker who was supposed to send me the info in the first place, and again last week, is now on holiday, but they'd send the info "this week".

 

I explained that if I didn't get it by Thursday I'd have a CCJ for 6 years, and right in the middle of a house purchase.

Also, if a global financial institution is incapable of supplying an account number and sort code, it's not very impressive!

 

Finally received the details, paid it, and sent proof of payment to the court.

 

The email address the court gave me to use was very similar but not the same as the one previously given, so I sent it to both.

 

Here is the reply:

 

"It is noted that you have lodged documents in this case in more than one format or to more than one email box. We are writing to advise you that doing this, in the absence of exceptional circumstances, is unnecessary and unacceptable.

 

You are referred to 5APD.5 in the Civil Procedure Rules 1998.

 

Practice Direction 5.3 does allow for the electronic filing of documents. However the practice goes on to say, in mandatory terms, that if a document is filed by fax, and by implication, email, the party must not send a hard copy in addition.

 

Your conduct in dealing with a matter in this way is significantly contributing to the delays in the court dealing with matters. Each item of correspondence, whether it comes in by email, facsimile or post has to be individually dealt with by a member of staff. Thus one item, which only requires one action, because of the way that you are dealing with it, may require two or three separate sets of work by the court staff.

 

In the future please avoid doubling or tripling the amount of work that the court has to do, by only filing or lodging documents in one format. That is what the Civil Procedure Rules envisages, and that is what will assist the court in being as efficient as possible in these financially constrained times."

 

I might send them an apology for not being thoroughly au fait with "5APD.5 in the Civil Procedure Rules 1998".

 

To as many email addresses as I can find...

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