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    • You are wonderful, Dave!!   I shall get the WS drafted soon as I can! Thank you so much for your help!
    • I thought they were not allowing people to sign for recorded delivery/special delivery now meaning it could still be argued that they ever received it     
    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
    • FKofilee - thank you we got a fair deal if I am honest due to my daughters mental health issues it was better than I thought I would get because as was correctly pointed out to me as long as she is out of the toxic environment with a reference that is better than trying to prove bullying etc.    At least now we can move on.   To everyone, thank you for the comments about the reference think it was just the over protective Dad in me, I do not want any one to think ill of my daughter as her issues were caused by abusers who told her if she told me I would end up in prison not them which is something I will always feel guilty about as she suffered in silence. She knew I would have taught them that some people are capable of hitting back and may well not have stopped at simply giving them a taste of their own medicine. Unfortunately as a father of three girls I have found out the hard way I can not protect them from everything but we try to turn the page and move on.
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Shelley v HSBC ***WON***


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hiya

what can't they attach?? bit confused there but don't worry. just keep your eye on the mcol site and watch the status of your claim. on your notice of issue (not acknowl) there will be a date on it when the bank were 'deemed served'. that is the date you count 28 onto. it will be somewhere nearer the of the 28 days that the defense status will change on mcol, will be transferred then to a local court and the aq and a copy of the defense will be sent to you in the post.

 

keep ringing dg to make sure they have your breakdown.

If i've been helpful in any way....then tip my scales over there!

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I think these nos are DG Solicitors who act for HSBC:

 

DG Solicitors

 

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Tel: 0121 455 2111

Fax: 0121 455 2150

 

Contact: Deborah D'Aubney:

0121 455 2111 (Debbie)

0121 455 2701 (Rachel)*

0121 455 2196 (Kate)

0121 455 2206 (Alan)*

 

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi all,

I've called DG three times now and left 2 voicemails but no one has called me back. :mad: I've also emailed everyday for the past three days but still no response. From looking on this website this seems the norm!!! :p The 28 days is up on 28th Feb, is there anything I should be doing?!?!!? :confused:

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I think you're in the wrong forum Sowerby 17 - go to Abbey forum and start a thread of your own please

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi,From the date of issue the Defendant has 14 days to file an Acknowledgment of Service or Defence. If they do this the Court will send you a copy and will tell you what happens next. If after 14 days from the date of issue have passed nothing has happened, then you can apply for judgment by default. Complete the Notice of Issue form and return it to MCOL. You can then look to enforce the judgment.The bank may cry that they did not receive the claim form and make an application to have judgment set aside but if they do, all the costs are added to the claim.

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I think you just do what Nettyg advised earlier:

 

"while your'e waiting for hsbc to defend, read as many threads as you can so you are prepared for the next stage should it arise ok."

 

The ball is in their court at the moment(no pun intended!)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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I've received the notice of Acknowledgment from the court on the 31st Jan stating that the defendent has 28 days to defend. I also received a letter from DG Sol on 15th feb asking for my breakdown of charges but nothing else. Should I have received anything else???? :confused:

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Sorry if I confused you. Because they have filed an Acknowledgment of Service they have 28 days from the issue date (the date given to you on the Notice of Issue form) to file a Defence at MCOL. Once they have done this you will be sent a copy together with an Allocation Questionnaire and a Notice of Transfer -(the file will be moved to your local County Court).

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no, i think you are a week away from them filing a defense - served around 30 jan. should be next tues or wed, they will file and you will receive court papers with aq. all is as it should be - you just got a little ahead asking about the aq so early. just keep an eye on your judgment button early next week and try to press for judgment but 99% of the time - they defend at the last moment. you are right on schedule

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ok.. i'm back on track with your thread. the bank can defend any time between now and 28th Feb so just keep your eye on the status on mcol.

there is no point pressing the judgement button because it will just tell you that you haven't allowed them enough time. everything is normal don't worry.

 

when the status on mcol changes to 'defended', you will the the 'notice of transfer of proceedings' in the post, which means that mcol won't be able to continue and the case will be transferred to your local court. you will get a copy of the defence and and allocation questionaire.

 

still keep riging dg until you get an answer - telling them that you are returning a call from them saying they want your breakdown of charges, i still think that you are in line for an offer. when they ask for them, that's usually the case.

 

alan burden's phone isn't as clogged up with calls as debs or anybody's so ring him 0121 455 2206.

If i've been helpful in any way....then tip my scales over there!

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Hi, I've received a letter from my local court today stating that a defence has been filed. I need to fill in the allocation Questionnaire and was wondering if anyone can pm me what they put on their form? :D

 

Also, I have to return the form by the 14th March but it does not state what happens once I return the form, any ideas?? :confused:

 

Thanks

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