Jump to content


  • Tweets

  • Posts

    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

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

Griffin V Lloyds TSB *ABUSE STRIKE OUT*WON*


griffin9959
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6192 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 77
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Just subscribing

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

Link to post
Share on other sites

Offer recieved - charges +8% (statutary %), not my original claim - charges + 29.8% (CI unuthorised %)

 

I'm not too sure what to do!! Can I wait to see what the court does?

Will the court award me charges + 29.8%

If so, could Lloyds request a set aside based on the recent CI ruling, go to court and I loose the whole of my claim?

If Lloyds can have CI (unauthorised %) set aside, could I counter claim for CI (authorised %), again based on the recent CI ruling.

 

Then again, am I just getting caught up in the frenzy of it all and should settle, after all I've had my charges back ?

Am I wasting my time to go after the CI?

Will I harm anbody else's chances (to win any type of claim) by pushing on for CI?

 

~S~

Griffin

 

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

13/06/07 Court has ordered Lloyds to file, by 22/06/07, a list of claims it has pursued to court or defense will be struck

22/06/07 Offer of settlement recieved.

  • Haha 1

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

Link to post
Share on other sites

have a read through Lloyds case lost - long thread but lots of comments re: CI

 

last post today at about 3.25

 

Jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

Could do with some senior CAG members' advice here, please.

 

~S~

Griffin

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

Link to post
Share on other sites

Offer recieved - charges +8% (statutary %), not my original claim - charges + 29.8% (CI unuthorised %)

 

I'm not too sure what to do!! Can I wait to see what the court does?

Will the court award me charges + 29.8%

If so, could Lloyds request a set aside based on the recent CI ruling, go to court and I loose the whole of my claim?

If Lloyds can have CI (unauthorised %) set aside, could I counter claim for CI (authorised %), again based on the recent CI ruling.

 

Then again, am I just getting caught up in the frenzy of it all and should settle, after all I've had my charges back ?

Am I wasting my time to go after the CI?

Will I harm anbody else's chances (to win any type of claim) by pushing on for CI?

 

~S~

Griffin

Hmmm... difficult one is this, and I cannot give you a definitive answer unfortunately.

 

Perhaps the most important thing to consider, in my view, is that the court will always expect you to settle at any opportunity - especially in small claims where the ethos is very much on saving expense and mitigating your losses.

 

Then again, Lloyds aren't exactly in the strongest position to start telling you which parts of your claim they fancy paying and which they don't, are they? If they contested the CI they would almost certainly be successful, yes, but - if they want to contest any part of your claim they will have to comply with the judges order first.

 

Sorry my friend, the choice is yours!:D

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Just ignore the offer, apply for judgement as my post 51.

 

Lloyds may apply to have it set aside as it includes CI, but unlikely.

 

You will get your CI, I was in a similar position to you and they paid me CI and charges going back 10 years.

If I have been helpful please click on my star and add a comment.

Link to post
Share on other sites

Thanks for the response !! I'll have to think about this one .

 

~S~

Griffin

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

Link to post
Share on other sites

Please note that I wrote post 58 with seeing post 57 from Gary. I did not refresh my browser from yesterday, just left it open to remind me to reply.

 

Anyway I do standby what I said, even if GaryH is not as conclusive as mine.

 

My advice is much more definitive because I was in a similar position recently with an offer net of CI and the opportunity to enter judgement. I entered judgement and the money fell out of Lloyds last week.

If I have been helpful please click on my star and add a comment.

Link to post
Share on other sites

Please note that I wrote post 58 with seeing post 57 from Gary. I did not refresh my browser from yesterday, just left it open to remind me to reply.

 

Anyway I do standby what I said, even if GaryH is not as conclusive as mine.

FWIW, I don't disagree.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Sorry Griffin to be away........ been rather busy

 

I cannot add to GaryH and Guido; I respect them both;-)

 

How much is the difference between ur CI and 8%?

Would u ultimately loose the ur charges+8% if you continued? Probably not.....

 

I'm not there yet buddy, but am watching (what has to be ur decision) carefully

 

Innocent :D

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

Link to post
Share on other sites

Given whats happened over CI of late and their intention to apply for strike out should I pursue that portion of my claim, I decided to go for the 8% and phoned them this morning. Guess what, "oh there should have been a form with the letter, I'll tell them upstairs", another delaying tactic me thinks. Anyway I've written them "Strictly Without Prejudice, Confidential and Privileged" (if I can't say they offered to settle, they can't say I offered to accept) a letter to complain and making it unclear if I will now settle; it also includes a notification of my intention to claim costs and asking them to pay them with the settlement rather than be taken to court again. I hope this will give the court time to issue the judgement and we'll have a new ball game.

 

~S~

Griffin

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

Link to post
Share on other sites

They are just difficult and unhelpful on the phone, need to stick to written communications.

 

They are very unlikely to pay your costs (except court and AQ fee) without a court order.

 

You say that you hope this will give the court time to issue judgement and you will have a whole different ball game. I am not sure what you mean by this, but if the court issue judgement (that in any event you have to apply for) then it will not be the sum you have accepted, it will include CI.

 

Potentially you could be left in a position whereby you have accepted a SI offer and judgement including CI.

 

I stand my previous advice of seeking a strike out of their claim and applying for judgement in full. That will be the quickest, more certain and more financially beneficial conclusion for you. Anyway I think this is academic now as you seem to have accepted the offer including SI.

If I have been helpful please click on my star and add a comment.

Link to post
Share on other sites

I'm happy with charges + 8%, after all thats what I set out to get:) Anything else would have been a bonus and of course it would have made me happier.

 

I think the recent ruling on CI and their intention to contest that part of my claim would only have drawn things out further. And I get the feeling they would have won on that one.

 

Maybe goin for CI has prompted them to settle sooner.

 

Anyway, I'm a happy bunny with a few quid I didn't have before.

 

If they get round to paying up I'll be sure and post. Meanwhile its sit and wait I think.

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

Link to post
Share on other sites

just thought to check my account. They dropped the money in on18/06/07.

 

Thats it, I'm done :)

 

Where's the link for donations??

 

~S~

Griffin

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

Link to post
Share on other sites

Found it :D

 

~S~

Griffin

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

Link to post
Share on other sites

How much ;-)

 

~S~

Griffin

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

Link to post
Share on other sites

BIG CONGRATULATIONS!!!!!

 

& WELL DONE!!!!! :grin: :grin: :grin: :grin:

 

 

Glad you got what you wanted and the waiting is now over for you...

 

and many thanks for an entertaining thread my friend

 

 

 

Innocent :D

:D CLICK MY SCALES IF I HAVE BEEN USEFUL :D

*

BARCLAYCARD WON £307

*

CAPITAL ONE WON £2.1k

*

NATWEST WON £3.4k

*

LLOYDS TSB CURRENT

Start 26/4 LBA 7/6 conLBA 22/1 N1 12/3 AQ 3/5/07ONHOLD

MORE THAN/ LLOYDS MCARD

Start 2/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

MONUMENT VISA

Start 1/11 CONTL LBA 15/1/07 NOW RE-RESEARCHING

NATWEST BUSINESS

RESEARCHING

Link to post
Share on other sites

Good work Griffin, congratulations!!!:D

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...