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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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    • 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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi everyone,

 

i am a new member and i just wanted to quickly say hello! I am about to embark on my journey with LLOYDS TSB to get my charges paid back. I am so thankful that i found you guys at CAG as i have been wanting to do this for a long time but never had the right tools or support.

 

 

Marta

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Welcome.

 

Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later.

 

Then look at other threads in your bank’s forum, so as you know what you can expect to happen

 

You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily.

 

There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time

 

This is a self-help forum and you must be prepared to put in time and effort. It is your claim, your money and you cannot expect others to do all the work for you.

 

When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help

 

All the info to get you started is here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Finally the Moderators and Site Helpers are having to spend far too much time dealing with unnecessary and avoidable errors in claims caused by impatience, ignorance or just plain laziness. If you don’t know what to do next, ask. If you don’t understand something, ask. It might be a dumb question, but it’s a lot easier to sort out than a dumb mistake.

 

Good luck

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Hi Marta

 

I have just filled in all doc's chasing Nat West charges. Done the Online claim, had it defended by the Bank then got the dreaded Solicitos letter. Have responded to this 18/11/06 - had to be with them 20/11/06. Today 21/11/06 got an offer 'without prejudice' with a gagging clause if I were to accept.

 

As you go through peoples replies, you will see that you never put 'without prejudice' on your letters or forms. This will disallow the paperwork to be used in court (should it go that far).

 

My offer was for £1100.00 / my claim was £1501 charges plus interest charged £677 plus compounded interest over past 4 years £751. I don't think I'll accept. I'm going to be very brave and challenge them and send in my allocation questionnaire tomorrow with my next fee.

 

Goog luck with your claim and I'm sure there will be somebody halping you all the way.

 

ps I did find it useful looking at help from people specifically fighting Lloyds even though everybody's comments are useful.

 

IS THERE ANYBODY THAT CAN COMMENT ON MY CLAIM. THE SOLICITORS SEEM TO BE JUST WORKING ON THE CHARGES FIGURE, NOT INCLUDING THE INTEREST CHARGES OR THE 8% CHARGES. i AM ENTITLED TO THE INTEREST CHARGES ACTUALLY CHARGED THROUGH MY STATEMENTS, OR DO I ONLY CLAIM THE 4YEAR 8% CHARGE???

 

hartleyhartley

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