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    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
    • Hi,   I am not sure if I posted this already here but I don't think I did. I attach a judgement that raises very interesting points IMO. Essentially EVRi did their usual non attendance that we normally see, however the judge (for the first time I've seen in these threads) dismissed the notice and awarded me judgement by default because their notice misses the "confirmation of compliance" paragraph. in and out in 3 minutes (aside from the chat at the end with the judge about his problems with evri) Redacted - evri CPR loss.pdf
    • Just to update this. I did apply to strikeout and they did not attend the hearing. I won by defualt and the hearing lasted 5 minutes (court only allocated 15). The judge simply explained that the only matter he was really considering is if the Defendant could have any oral evidence to defend the claim. However he said he had decided that based on their defence, and their misunderstanding of law, and their non attendence he did not think they had any reasonsable chance so he awarded me SJ + Costs on the claim form + the strikeout fee. Luckily when I sent the defendant the order I woke up the next day to a wire trasnfer for the full sum of the judgement
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      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Wellington court financial services ltd not paying out on FOS final decision RE: +£58k Pension- help enforcing & using form N322A - court claim issued


Simmonds7

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No the actual calculation of the SIPP amount......corrected.

We could do with some help from you.

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Also don't forget to add your HCEO fee

We could do with some help from you.

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I've read their document and it comes across as they are desperate. I laughed at the bit where they stated they had no relationship with you, yet they happily took their £480 fee (BTW same in my case).  Have they forgotten they are regulated and where was their due dilligence? I understood the FOS decision was legal and binding.  I have everything crossed for you and the champagne on ice. 

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Here is what I got from WCFS solicitors. 

 

They got it set aside stating that FOS do not have a public register with the cases on. 

Even though I said there is one but it is MR S and it should be full names disclosed. 

Also that all be it small there is a chance they could win a defence.

 

2022 05 10 Defendant's skeleton FINAL(14614304.3) 1.pdf

 

Simmonds v WCFS Order.pdf

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So disappointing but not a disaster.

 

Your court claim is still active.

We could do with some help from you.

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My question is

if I choose to give written notice to the court and to the respondent that the Claim will not be pursued does my FOS final decision still stand? 

 

Is it just the CCJ that I am not pursuing?

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As a total layman, my impression is that the FOS decision is set in stone.

 

However, you can only enforce it through the courts, and if you don't do so then you go nowhere.

 

Even worse, should you discontinue now, you'd never be able to resurrect a legal case in the future, as the matter would already have been litigated on.

 

However wait for Andyorch, he has vast experience and knows every detail of court procedure and will be able to be much more precise.

 

I don't understand why, having decided to take court action, you now don't want to continue.

 

 

We could do with some help from you.

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Thank you.

 

Reasons are

1. Exhausting and stressful

2. Financial unable to afford legal representation and WCFS Ltd had a solicitor and a lawyer grade B and grade A at the set aside let alone a court case they would probably have a baraster.  I am at a mega disadvantage.

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I'm just reading through the whole topic from start.

 

Firstly how did you submit your claim ? Manually or though MCOL or via your local county court ?

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We could do with some help from you.

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Post to where ? Local county court or MCOL Northampton or manually through Salford CCMCC ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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