Jump to content


  • Tweets

  • Posts

    • I am just tidying up the above and noticed something that I'm not sure is important or not. On the claimform they state:- Claimant purchased the balance on the account on 06/10/2016. The letters I received were all dated 24th November 2016   Once I'm ready I assume it's self explanatory entering the information on the moneyclaim site? I've looked around on here and can't see any particular instructions so I'm assuming it's a copy/paste of the defence above?   Thanks
    • Why do you need to write what down please?   AoS is acknowledgement of service via the MCOL website as per dx's instructions. CPR 31:14 is a legal document you need to send to the other side, asking for information.   HB
    • DX - looked back to my old threads on here - the Ordinary Cause was, indeed, thru Nolans, on behalf of Cabot.   Nolan's requested a Joint Motion for the dismissal of this action by way of Decree of Absolvitor, in favour me (Defender), with no expenses due to or by either party   As they couldn't supply any paperwork, my lawyer suggested (I managed to get Legal Aid for this) that unless they dismiss they'd be due me money, and they agreed. This happened around the end of June/beginning of July 2016. What should I do with them now?
    • Hi ok thanks for replies. I had trouble finding how to reply on  my phone and don't have a computer, so am at the library which is pathetic and closes at 5pm so hard to get there   Name of the Claimant ? Excel Parking claimants Solicitors: BW Legal   Date of issue – don't have on me but it was in Sept 2018 (previous claim from 2017 resurrected) * Court date is 17th Dec -Next Tue   Date of issue   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   What is the claim for – PCN Not displaying a valid ticket for the private car park 468 Bury New Road, Prestwich I have copied their WS below with map location, signs, etc     **IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION   What is the value of the claim? original ticket was £100 plus additional fees so its at £255   Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Original Excel Parking   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure what this is?     I WILL TRY TO ATTACH THEIR WS - having trouble Do I just scan it in and attach it?   In the mean time my outline defence is:   No locus standi as have not produce a signed contract Under CPR 31.14 that the claim be struck out on the grounds of no locus   *I requested the contract and they did not provide it initially, however in their WS they have produced a signed contract from the pension fund who own the land    I was not the driver of the car. I have no evidence of the driver's identity. This dates back many years (2015) and difficult to remember who could have been driving  *their WS states I only said I was not the driver at a late stage and when filing an amended defence, and appears I developed a defence to avoid liability. I have stated this from the start.  Also that I alleged no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside Also question how I would be able to comment on the signs if not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply? keeper of the vehicle - as the protocols of the POFA have not been followed so no keeper liability created. DVLA data was supplied for the single strict purpose of enquiring who was driving, not for bringing a case against me years later  Signage not a transparent contract insufficient in terms of their distribution  wording and lighting hence incapable of binding the driver, which distinguishes this case from the ParkingEye Ltd v. Beavis case  Sporadic and illegible charge not prominent nor large lettering site/entrance signage breach of the BPA Code of Practice. The entrance sign is on the left side so not the drivers side. The signs have no mention of any debt collection additional charge  The signage was not lit and not transparent contrary to the Unfair Terms in Consumer Contracts Regulations 1999.  The entrance sign refers to the terms and conditions on another sign The signs did not have planning permission under the Town and County planning. I have an email stating there was no planning permission from the council. * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the county court to determine planning permission.   The signs do not fall under deemed consent.    * Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge   THANKS FOR YOUR HELP x   You mention I can get it struck out as they haven't sent me a bundle? They have sent me their WS online, no hard copies but I'd prefer not to go if possible  
    • Redacted and merged to one PDF   Attached is my witness statement and supporting evidence that I am going to give to the court, the court have said they will not even look at it until the day of the hearing, so I am OK to send it to them only a few days before the hearing.    Do you think it is worth me sending this to BW Legal, in the hope they will drop the case before it goes to court? Or am I better not showing my hand to them, so they cannot amend their evidence based on what I have stated?   If anyone would be kind enough to read through my statement and give me their thoughts, that would be very much appreciated.  ilovepdf_merged.pdf
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 913 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Let me start with a little back story.

My son is 3 and disabled

I am his sole carer 24/7 without a break or sleep most if the time.

I have no problem with this as he is my baby and i love him.

But it gives context.

 

About a month ago it was in Tesco shopping i did self scan and after half an hour of my son having a melt down because of the noise we finally got to the pay bit.

 

 

I had just got my card out to pay when a security guard shot over and asked if I had paid for the £4 toy my son was holding.

 

 

Now if you have ever experienced a meltdown you can understand I was all over and stressed I had forgotten however I accepted my mistake payed for the item and that was it.

 

after this I started using the normal checkout so that I have to check everything.

 

 

A few weeks later I was shopping with my son again and he picked up and opened a toy.

I put the packaging in the trolley to be paid for.

 

 

My son dropped the little toy

i went to the toy part and picked up a new one and put the old one back.

I admit this was stupid but he had screamed for about 20mins about the missing one and my brain was in overload close to tears myself.

 

 

I'd paid for the toy and my shopping

the guard (same one) pulled me and my disabled son back to the front desk.

 

 

They had spotted me do the swap (pretty sure he was watching me all the time I was in)

 

 

I apologised and offered to pay for the old toy and that was it over.

Oh and another guy walked over and threw the packaging at me aggressively.

 

Safter this I stopped taking my son shopping.

I have my dad drive him around till I'm done.

I'm making the effort.

 

 

I've been in everyday since the incident

today a snotty manager pulls me up when I'm put my stuff on the conveyer belt and ask me if i should be in store.

 

 

I have him a confused look and he said I had been asked not to return.

This was not the case and I told him I wouldnt have come in if I had been told this.

He called me a list.

 

 

i had some nappies for my son and milk for him.

I asked if I could just pay then go.

He said no.

Then threatened me with the police.

 

 

After leaving the store my mama bear kicked in as i felt he was attacking my son.

I explained that they are the only store that sells the things my son needs

( he will only have certain milk nappies and food which I can get anywhere else and i dont drive)

he said he didnt care that it was my problem.

 

 

I explained about my son and that i had made of not taking him in (which is very hard for my son) and he threatened me again. i said he was discriminating against a disabled child and walked out.

 

Now I know they can ban whoever they like.

But im sat here terrified I'm going to get arrested and taken away from my son.

 

 

He seemed the type totty to be a ... and the security guard is a guy i went to school with who use to bully me.

 

 

If the product never left the store can they so anything?

And i paid both times. Also are they discriminating towards my son?

 

Im prone to panic attacks and I've had 7 today.

Share this post


Link to post
Share on other sites

Are you asking "if you are likely to face any police action currently"?.

The answer to that is no: you've not committed any theft type offence and even if the store staff felt you might have previously : the police weren't called.

 

The threats of police for the most recent episode were likely related to them feeling you had been banned and thus were related to them believing you were entering the store as a trespasser where they might have called the police; in such a case the police would attend merely to ensure there was no breach of the peace.

 

Are you asking "can the store staff ban me, even if I need to go to that store to buy items for my disabled son"?

Yes, they can.

 

You can appeal to the store manager, or to head office, and/or kick up a storm on social media or the local press, but they can ban who they like, and they can state they have banned you for security reasons (rather than it being s case of discrimination).

 

Whilst you are trying to get this resolved : can you get those specific items (milk, nappies and goods) via a delivery service (either Tesco or a competitor), or get someone else to get them from the store, so the store staff can't say "well, she came in while she knew she was banned after being told to leave".

Share this post


Link to post
Share on other sites

Thank you.

I understand the banning but the fact I wasn't told of it upsets me then called a liar infront of a shop full of people.

 

Also the security guard (who supposedly banned me) only told me i shouldn't bring my disabled son in if he was going to cause problems. I find that offensive.

 

I have found stores who will deliver the goods needed thank you. I shouldn't worry?

 

Are you asking "if you are likely to face any police action currently"?.

 

When you say currently does that mean they may do something in the future even if I dont return to Store?

Share this post


Link to post
Share on other sites

i'd be writing to the CEO

or embarrass the be-jesus out of them on their twitter feed...

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I've considered it. But I dont need the hassle. I was going to ask to speak to head manager as I felt the guy I dealt with was on a power trip. Just feel sorry for my poor son who now can't enjoy his weekly trip to the onsite cafe (where the staff adore him) it's the only time we get to do something like that as he won't settle in any other cafe (needs to be familiar) and it took us a year to settle him visiting this one.

Share this post


Link to post
Share on other sites

ceo letter

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Yes but I did something wrong. In swapping the toy. Even though it was payed for in the end. Surely they will dismiss me because of that.

Share this post


Link to post
Share on other sites

paid for..

you did nothing wrong!

I've dropped a bottle of milk before now

6ltrs it went everywhere

put it on the shelf staff wre already there

I wasn't banned or made to pay for it!

your kid dropped a toy

its lost in the store

you shouldn't have to pay for it

you did nowt wrong.

 

instead of hounding you and watching you deal with your kid

they shoul d have offered an assistant to help you shop

not harass you...

 

disgusting behaviour IMHO Tesco's

sort you act out!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I have found stores who will deliver the goods needed thank you. I shouldn't worry?

 

When you say currently does that mean they may do something in the future even if I dont return to Store?

 

I don't think they'll do anything if you don't return to the store prior to getting the ban rescinded.

In terms of "I shouldn't worry?" ; in general, no, I don't think you have anything to worry about, but if there is still something specific bothering you, ask away & hopefully you'll be able to get some specific reassurance.

Share this post


Link to post
Share on other sites

It's honestly just that i told the manager on my way out that i should involve the police for them discriminating against a disabled child that's worrying me..he seemed like the type to go out if his way to upset people. So allday I sat shaking hoping the police wouldn't turn up.

Share this post


Link to post
Share on other sites

Well, you haven't involved the police, and they haven't (& the police now wouldn't likely get involved), so I hope you can be reassured.

Share this post


Link to post
Share on other sites

I've tweeted this directly to the Tesco customer service department.

 

I'm especially concerned that the security person apparently knows you from your schooldays and that you didn't get on very well together there. That is the kind of circumstance where the security guard should properly have referred the matter to somebody else and not have gotten involved.

 

I hope Tesco's will take an interest in this once they see the tweet.


Share this post


Link to post
Share on other sites

Well nearly a whole working day has passed and absolutely no response from Tesco.


Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...