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    • A claim was issued against you on 22/04/2024 Your acknowledgment of service was submitted on 06/05/2024 at 13:28:08 Your acknowledgment of service was received on 07/05/2024 at 01:05:18 Your defence was submitted on 23/05/2024 at 21:20:03 Your defence was received on 24/05/2024 at 08:05:43
    • I drove a friends a car for a few days and I used cuvva car insurance to insure myself for the time period. Here's the problem: I made a mistake with the dates on the insurance, I ended up driving uninsured for one day and I got a speeding ticket. My friend named me as the driver on the Notice of Intended Prosecution as she should and I will take the blame of course. Will met police ask for proof that I was in fact driving? I mean, any more other than me replying to the NIP that I will soon receive from them? Cause I assume that my insurance for the day will be the proof that they need... Secondly,  if caught driving uninsured, what will happen please? I read it's £300 and 6 points. Is that all or is it worse? I'm only asking for information from knowledgable people. If you intent to just mock, you're certainly not helping. Thanks
    • Hi, Please find letter sent to BMW with all evidence off issues which is a link from Audi. Unable to share the footage on this forum as I am not the best with tech  
    • This is the first item that I've ever claimed for - I don't really send too many parcels, probably 5 in the last 5 years, and only two with P2G / EVRi. I've attached two emails from P2G regarding their requiring the documents. They don't specify in the emails what documents I should be sending, although when opening the claim they were requesting that I needed photographic proof of sending - picture of the parcel with their label attached, in the EVRi ParcelShop. The second email is their closing the enquiry due to my failure to produce said document(s). I haven't yet drafted my claim letter, I wanted to be sure of this document situation first before I began action. But therein lies another problem. Not having a P2G account, I cannot be sure of the item value that I declared. The retail value at the time was £600, which is less than the £650 I paid several months earlier, so I would likely have used that, but cannot be sure. And without having an account I can't check either. But, I know that I did properly declare the item and a value that reflected its then retail price - I was concerned this declaration may have been used to single the item for theft. But now that the retail price has reduced substantially, even though the nature of compensation is to return the claimant back to their original position, without my purchase receipt, I was concerned that I may have to claim for less. And yes, I've been through your huge document store of information, in addition to MoneySavingExpert, Which, Citizens Advice, Gov.uk "make a court claim", my own law books (annoyingly I specialised in consumer law when I studied for my law degree, but I graduated 17 years ago), and so now feel that its time to either act, or drop it. P2G Enquiry (2).pdf P2G Enquiry (1).pdf
    • I have found both forms online  https://assets.publishing.service.gov.uk/media/62e14db38fa8f5649f912647/TE9.pdf https://assets.publishing.service.gov.uk/media/60c73ad0d3bf7f4bd6a9bc69/te7-dart-eng.pdf   do i just fill in both forms and send to the address on them or directly to Manchester council  forgive my ignorance    thanking you in advance 
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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.

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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.
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      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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Hx Parking/gladstones CCJ - Exceeded 1hrs Free - McDonald's Alma Leisure Park Chesterfield CCJ issued thanks to useless parking fines ltd ***Claim Dismissed***


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!!! Update !!!

 

Hi guys 

 

Received N24 form today which confirms that default judgment be set aside.

 

Please see the attached document i need little bit advice regarding the point 5 where it says defendant file directions questionnaire by 14 days 

 

Thank you

 

 

 

 

 

 

 

n24 form.pdf

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3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

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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Yep

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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See the 1st few posts and their pdf's.

 

Dx

  • Thanks 1

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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Share on other sites

Sorry to say that Is an extremely weak version of the MSE template defence document.

 

Point 3 is the only part which appears to have been added in and IMHO a defence like that without alteration wont win.

 

Its a shame the court have not allowed a new defence to be logged.

Maybe you can rescue it with a good witness statement.

 

Time will tell.

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@happyparker its unfortunate that they not offered new defence to be filed but i am preparing a good witness statement,  photo and video evidence as a proof been the car park recently to capture the vids and pics

 

@dx100uk is there anyway if i can request the court a new defence to file ?

  • I agree 1
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sorry HP

my internet is playing up

 

here is the link to the original thread

 

 

44 minutes ago, happyparker said:

Sorry to say that Is an extremely weak version of the MSE template defence document.

 

Point 3 is the only part which appears to have been added in and IMHO a defence like that without alteration wont win.

 

Its a shame the court have not allowed a new defence to be logged.

Maybe you can rescue it with a good witness statement.

 

Time will tell.

yep 

should never have filed that and the scammer from MSE charged for it too!!

 

@Digital_2012  you dont need too.

 

stop getting sidetracked by interlopers....

 

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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Have you still got their WS for last years hearing. If so please post it up so we can have a laugh and advise you how to respond. it sounds as if they want to clobber you for more money this time round. They have more chance winning the Grand National without a horse than getting more money even if they did win which seems to be more unlikely than they think.

 

For a start their PCN does not comply with the Act so they cannot transfer the debt from the driver to you the keeper. And it is much more difficult to win when the driver is not known-they cannot assume in Law that the driver and the keeper are the same person.

 

 

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Hi guys

 

Received directions questionnaire in email

 

Here is there email

 

We act for the Claimant and have notified the Court of the Claimant’s intention to proceed with the Claim. 

 

 

 

Please find enclosed a copy of the Claimant’s completed Directions Questionnaire, which has also been filed with the Court.  

 

 

 

You will note the Claimant has elected to mediate in an attempt to settle this matter amicably, without the need for further Court intervention. Should you agree to mediation, please inform the Court who will contact both parties to arrange a mediation appointment.

 

 

 

Yours sincerely

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Thank you for posting their WS. It appears that they are pursuing you as the keeper  [re their point 19]. That is great for you as their NotIce to keeper is not compliant for two reasons. 

1] they have used the cameras recording your arrival and exit as the period of parking as required in PoFA. However the new Act clarifies that the ANPR times are not the same as the parking period which is when your car comes to rest in a parking bay which can sometimes be several minutes after arrival. Likewise the period of parking ends when you leave the parking bay not when you exit the carpark. {the fact that you might still have exceeded their time is irrelevant since it is the period of parking that is incorrect thus negating their ability to pursue you as the driver.

 

They then compound it by getting a second thing wrong

 

2] In Schedule 4 s9 [2][f] they have missed out some key words (if all the applicable conditions under this Schedule are met)

 

The sign at the entrance does not advise that there is only 1 hour parking after midnight so as not all their T&Cs are present at the entrance  there is no contract formed merely the sign offers an invitation to treat.

 

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@lookin4info i have been to the car park again and looked closely as view from a car they not even clearly visible in day time, the pcn i received was for the night and there is no way that you can see any clear instructions with naked eyes. I am pretty confident that i can prepare very strong ws with actual photographic evidence

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On 04/04/2022 at 13:16, lookinforinfo said:

Thank you for posting their WS. It appears that they are pursuing you as the keeper  [re their point 19]. That is great for you as their NotIce to keeper is not compliant for two reasons. 

1] they have used the cameras recording your arrival and exit as the period of parking as required in PoFA. However the new Act clarifies that the ANPR times are not the same as the parking period which is when your car comes to rest in a parking bay which can sometimes be several minutes after arrival. Likewise the period of parking ends when you leave the parking bay not when you exit the carpark. {the fact that you might still have exceeded their time is irrelevant since it is the period of parking that is incorrect thus negating their ability to pursue you as the driver.

 

They then compound it by getting a second thing wrong

 

2] In Schedule 4 s9 [2][f] they have missed out some key words (if all the applicable conditions under this Schedule are met)

 

The sign at the entrance does not advise that there is only 1 hour parking after midnight so as not all their T&Cs are present at the entrance  there is no contract formed merely the sign offers an invitation to treat.

 

 

that would be great if it had been mentioned in their defence, however apart from the template MSE stuff the only actual defence to this claim is that it wasn't clear signage so they cant go down the road now of denying being the driver and then it being defended as being the keeper.  So they would have to (and by the sounds of it) have a good defence on poor signage.  I had to double take but the defence said no clean signage!

Edited by happyparker
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@happyparker yes that defence prepared by Parking Fine LTD guy. Unfortunately i was not that good in reading and understanding the points of the defence.

 

Someone from MSE also pointed it out the same typo mistake in defence. 

 

Anyways now its been filed so now i have to focus on WS

Edited by Digital_2012
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  • 1 month later...

no just std court practice in a claim... an N157 which you must abide by, by doing a witness statement 14 days before the date specified.

 

 

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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yes it says that quite clearly.

 

lots of ws's here to base yours on.

 

dx

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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