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    • reading the order is quite difficult for me. this is a letter (names and addresses taken out) that i sent in which is what i assumed i needed too.   court.pdf
    • Thanks for the message jk2054   I have just been drafting what I want to say and I think its best to focus purely on the supremacy of contract. The reason being that I dont want the judge to start focusing on other parts of my witness statement when surely just the supremacy of contract section alone should be enough to get this dismissed.    The crux of my defense revolves around the principle of Supremacy of Contract. When I purchased my flat in December 2016, the contract explicitly included ownership of parking spot 112, as delineated in the lease documentation provided in Exhibit 1. This documentation unequivocally establishes my right to use and occupy this parking space. Furthermore, the subsequent exhibits, particularly Exhibit 3, clearly depict the marked boundaries of parking spot 112, corroborating my ownership as stated in the lease agreement. Additionally, the official register of title, presented in Exhibit 4, reinforces this ownership claim. Moreover, I draw the court's attention to relevant legal precedents, such as Pace v Mr N and Link Parking v Ms P, which demonstrate that parking companies cannot override a tenant's right to park on designated property. These cases serve as persuasive authorities supporting my argument regarding the Supremacy of Contract in residential parking disputes. It is my contention that the absence of any contractual obligation to display a permit for parking spot 112 absolves me of any liability in this matter. The claimant's failure to acknowledge my ownership rights in their witness statement further underscores the weakness of their case.
    • I agree with you LFI, a totally wrong decision, I may be wrong but IMO who was driving is irrelevant .... So what if he declared himself as the driver within 28 days? .... I may be wrong but it's my understanding that that just makes him liable for the charge as driver. The fact is, the driver, declared or not, only made the error of entering the wrong vehicle registration number .... The parking was paid for. I think it more likely the judge dismissed because he didn't appeal to the PPC and tell them about the error and confirm he paid giving the chance of rectifying the situation before it got to court. But we can only know if Dave962 clarifies. Pollux, is that a fish like Cod? 😁
    • and more .. As thames water pushes to further rip off captive customers, not get fined for it, and allow more dividends .. for little more than 'aspirations' to do better More detail comes out of the literally and figuratively sh** companies apparently shunting money out of the regulated business to profit/bonus/dividend generating unregulated side companies   "Accounts filed at Companies House show : (Kennets) accounts, filed more than 12 months after the end of Kennet’s financial year, showed that the company made a £1.15m pre-tax profit for the year to 31 March 2023, up from £374,000 a year earlier. Revenues rose to £1.6m in 2023 – up from £1m in "Kennet Properties paid out a £14.5m dividend in the year to 31 March 2023" "Kennet ?takes on? land no longer needed by Britain’s biggest water company before developing it and selling it on, typically for housing or commercial premises. It also received income for the use of sewer networks by third parties for fibre-optic cabling."   Thames Water could raise bills to £627 a year to help fix leaks | Thames Water | The Guardian WWW.THEGUARDIAN.COM Embattled water supplier promises to invest up to £3bn more over the next five years     Thames Water-linked firm paid £14m in dividends despite concerns over group | Thames Water | The Guardian WWW.THEGUARDIAN.COM Kennet Properties sells off Thames Water land, whose owner, Kemble Water, has warned it would not be able to pay a £190m loan  
    • I think it will make more sense if you read that the Judge meant the 28 day sentence was on the PCN not the sign. He lost because in the Judge's opinion the registered keeper has the option to declare who was driving on the day. Dave didn't do that so he takes the blame for not making the declaration. A totally wrong decision which can be challenged at a price. There is no guarantee that another Judge will want to say that the original judgement was majorly wrong so may not change it. On the other hand another Judge may say the decision was an absolute load of pollux and reverse the decision and add punitive additions on to TPS for bringing such a hopeless case to Court.  That's why we call it Judge Lottery. To be fair, Judges tend to get it right more often than not. Doesn't make things any easier for Dave.
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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.
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Natwest and closed account


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Hi all,

 

 

 

I need to remortgage my house and don't have sufficient means. My son earns more than me and I tried with my sons help to remortgage only to be told my son has a bad credit score?

 

 

we did a credit check and we found out hed closed a Natwest account in 2005 to open a new Natwest current account and according to the credit check there was still £400 owing on the closed account, there was fraudulent activity on the account, he went through the NatWest fraud team and they cant do anything as the account is more than 9yrs old.

 

 

He complained and paid the amount owing june 2017 and Natwest said they would remove it from his file.

 

 

We did another credit check and they've only marked it as satisfied April 2018, we spoke to Natwest who had the account arrears as written off! on their system and he could not have a mortgage or account with Natwest, the account was paid in full and hes had a Natwest account for 7rs?? is there anything else we can do please.

Edited by BankFodder
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I understand that you have sent them an SAR – or at least your son has. There is an important first step.

 

Please can you tell us what you know about this fraudulent activity. For instance, have the bank admitted that it was fraudulent and that your son was not involved?

Why did your son settle the outstanding amount? Did he consider that he was indicated in some way?

 

Is the £400 the entire amount involved in this fraudulent transaction?

 

I think it's complete nonsense that the banks say they can't do anything about it. I think that they are lazy and dishonest.

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He settled the bill totalling £433.84 because he didn't want it affecting his credit rating even further plus the bank said they couldn't do anything as the account was older than 9yrs, he argued the fact that if the account was in arrears at the time, they wouldn't have let him close it anyway without paying the debt first?

 

 

The transactions were to companies he didn't recognise - Yazbill, Ffn.com.Adu, LTrendF GB, Adacet.net ?

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The account must have been defaulted years ago and should not be showing now

Prove it under an sar

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So do we understand that it is your conclusion that it has been subject to fraudulent activity – and not the banks opinion?

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Well send the SAR and we'll see what light if any that sheds on the mystery.

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  • 3 weeks later...

UPDATE -

phoned NatWest,

manager of the branch in next town was going to look into this,

 

she phoned next day and was going to phone my son.

Nothing heard,

 

chased her up,

the same woman I spoke to,

 

phoned my son and denied having any knowledge of the whole saga?.

I'm going to keep mithering till I get some answers?

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