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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 that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.  
    • 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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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Frankly I don't think that is any accident.

      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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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** WON ** Bradders v Halifax ** WON **


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I took Halifax to court on the 21/11, they acknowledged my claim and requested the extra 14 days to file a defence which takes us up to Christmas-bloody-Day!

 

So, will they actually file a defence before this date or will they just pay up before then in to my bank a/c?

 

What happens if they file a defence? I presume it goes to court? Has any cases gone to court?

 

If they do not file any defence I can request a Judgement when the courts open again after Boxing Day??

 

Questions, questions, I am SO skint, that money would be so handy right now!

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Hi Bradders,

Now Calm down!!!

I filed on 23rd so I'm in similar position. Just sit back and relax. here's the timetable.

1) They have 14 days in which to enter a defence. If they do you will receive a court allocation questionnaire which you complete within 14 days. You have to send another £100 which you will of course get back with your claim. However there is every chance they won't get a defence together in time.

2) I've just discovered that there's every chance that the standard practice is to send you a letter of settlement on the Wednesday of the week following the acknowledgment.

3) If this doesn't happen and they fail to defend within the 14 days, you must firat send them a letter giving them a further 7 days before you file for a judgement, otherwise they can ask for a set aside which will delay your claim by several weeks.

4) in the event that they defend, after you need to start to prepare for court and look on the site for the court bundle etc.

 

Hope this helps, send my a private message if you need any more detailed help.

Regards,

David

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4) in the event that they defend, after you need to start to prepare for court and look on the site for the court bundle etc.

 

 

So some have actually gone to court then?

 

Their seems no ryhme or reason to Halifax, some ppl get full settlements without it going to court and some get full amount after filing claim, some defend... Some don't! Arrrgh!

 

Thanks though.

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Bradders I also filed on 21st Nov, deemed served 26th Nov. Halifax acknowledged the claim on the 1st Dec then today I got a letter from them offering me full settlement!

 

Hopefully you'll get yours soon.

 

Have you checked your bank account as some people seem to get the money paid in before they get the letter from Halifax.

 

Good luck

Joty

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Bradders I also filed on 21st Nov, deemed served 26th Nov. Halifax acknowledged the claim on the 1st Dec then today I got a letter from them offering me full settlement!

 

Hopefully you'll get yours soon.

 

Have you checked your bank account as some people seem to get the money paid in before they get the letter from Halifax.

 

Good luck

Joty

 

Wow! Lucky you! Well done.

 

Mine was acknowledged on 30/11.. Nope, nothing in my a/c, I have checked every day!!

 

How much was your claim for? Did they ask for the extra 14 days??

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My claim totaled £1407 including court fee and interest.

 

Yes they did ask for the extra 14 days.

 

The letter they sent me was dated yesturday 6th Dec, so it managed to get here really quickly!

 

Joty

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My claim totaled £1407 including court fee and interest.

 

Yes they did ask for the extra 14 days.

 

The letter they sent me was dated yesturday 6th Dec, so it managed to get here really quickly!

 

Joty

 

Mine is £1175 inclu. fees and %.

 

Was the money credited the day the letter was sent?

 

You have lifted my spirits a bit! There's still hope!

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I don't know yet if the moneys in the account, my anti virus software won't let me log onto Halifax as it says there's phishing going on their! LOL

 

The letter they've sent me says to allow up to 5 days for the money to reach the account so I'm not contacting the court until I've actually got the money.

 

I would have thought you should hear soon.

 

Joty

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Bradders 33,

You have to assume you might go to court. When you make a claim there is always a chance that it could be defended. Remember they have a legal department looking for any loopholes to get out of paying. They will weigh up the size of claim and the case against them. Occasionally it will get to the stage of going to court before they pay up. The other thing to remember is a precedent cannot be set in a small claims court although they will be weary that a judge may order the case to go to a higher court to be heard. They will not want a test case in a higher court.

You shouldn't concern yourself too much about going to court but everyone must remember it is a possibility. I have already prepared my court bundle just in case.....

 

David

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OH MY GOD! OH MY GOD! Had a dream last night that they paid up! So today, even though it's a Saturday I checked my a/c online and ALL of the money is there!!

 

Oh my God! I want to scream I am sooooooooooooooo happy, thank you SO much to the ppl that run this site and for everyone elses advice I will deffo make a donation, thank you.

 

My husband was dubious and now that he has seen the fruits of my labour he is going to get the ball rolling with Lloyds.

 

Thank you a million times again!! I will post a proper post in the Successes thread with timescales etc, to assist others!

 

Thank you. xxx :D

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Well done. Really pleased for you. Just in time for Christmas!

 

Tell me about it!

 

I have most of that shopped for now, so will pay off my credit card I think, start the new year with a nice clean slate and try and get myself sorted financially I reckon.

 

Thank you.

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I'm still living it!!

 

So I hopr you're spending like I am!!

 

But I do have two more claims to go!!!!

 

A D

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

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I'm still living it!!

 

So I hopr you're spending like I am!!

 

But I do have two more claims to go!!!!

 

A D

 

Well, we treated ourselves yesterday, bought some nice things for the house and went out for a lovely meal. The rest will be spent on things worthwhile... I was grinning like a Cheshire Cat all day yesterday! :D

 

Hubby will send SAR to Lloyds next week, will be interesting!

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Bradders Congratulations - I know just how you feel it's really great news.

 

Joty

 

Thank you, it's such a good feeling, has cheered me up no end!

 

Weird thing is, it aint just about the money (Though it helps!) but getting one over the greedy banks just makes my year!

 

:lol:

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Thank you, it's such a good feeling, has cheered me up no end!

 

Weird thing is, it aint just about the money (Though it helps!) but getting one over the greedy banks just makes my year!

 

:lol:

 

 

I know what you mean Hopefully the banks and other companies will start to sit up and take note.

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