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    • Hello I've got a parking ticket, see here... https://ibb.co/DfHqg9F https://ibb.co/QvqH52m https://ibb.co/pbPPdDg https://ibb.co/X2F1X25 I've been parking at a particular corner in a small Tesco car park for years. Recently they put two electric charging plugs, one where that spot is and one at the bay next door, so I stopped using them out of courtesy in case they need to be used (I use that Tesco every day and drive past every day but have yet to see anyone use them). Recently I went back to Tesco when it was reasonably dark. All the bays were full, including the three blue badge bays. I have one but none of the cars parked in the bays did, I noticed as I walked past them (nobody ever gets pulled for that because Tesco have never policed this small car park before). Since there was two free electric bay spaces, and since I wasn't going to be long (just one product), I parked into my former 'regular' spot. There was a notice on the wall but if I'm honest I didn't read it because (a) I'm thick, and (b) I honestly thought it was just telling people how to use the device (like I said, I'm thick) rather than this being a parking fine. I went back during daylight and the sign is very obvious (as you can see from the picture), although not so obvious at night, although probably still obvious enough for you to tell me "tough luck, pal". Now they want £100 or £60 if I pay quickly. Am I doomed?
    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
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Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.


Nongki

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Just been directed to this forum as the result of receiving a claim form from Adidas via small claims court, looks like I am 1 of many

Unfortunately me being directed here may well be too late as I have already filed a defence, which seems to go against advice given

Any assistance would be massively appreciated

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Welcome to the forum.

 

If you would read the following link and then complete and copy paste your responses back here so we have all the details of the claim. Some of the Q,s wont be applicable to your type of claim but just complete as N/A.

 

Also, a copy of your defence submitted would be helpful.

 

Andy

 

 

 

.

We could do with some help from you.

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Which Court have you received the claim from ? 

County Court Business Centre, Northampton

Name of the Claimant ? Adidas

Date of issue –  24th January 2023

Particulars of Claim

What is the claim for – 

1. The claimant sold and delivered goods to the defendant.

2. The defendant subsequently invoked the claimants returns and withdrawal policy.

3. Whilst the claimant processed a refund to the defendant in the sum of £966.02, it discovered that the goods were never received back.

4. The claimant had, therefore, made the payment to the defendant as a result of a mistake.

5. It then demanded repayment of the said sum on 28/04/2023.

6. The defendant has failed to repay all or part of that sum.

7. In the premises, the claimant is entitled to repayment of the said sum

and, further claims interest pursuant to s.69 of the county courts act 1984 at the rate of 8% from the date the claimant demanded payment totalling £109.87 and continuing at a daily rate of £0.34

AND the claimant claims against the defendant.

1  The sum of £966.02

2  Damages in the alternative

3  Interest as foresaid

4  Costs

 

What is the total value of the claim? £ 1235.89
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? 2 letters and an email
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no
 

Did you inform the claimant of your change of address? n/a

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? no
 

When did you enter into the original agreement before or after April 2007 ? after
 

Do you recall how you entered into the agreement...On line /In branch/By post ? online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? no
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original - Adidas
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a
 

Did you receive a Default Notice from the original creditor? n/a
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? n/a
 

Why did you cease payments? n/a
 

What was the date of your last payment? n/a
 

Was there a dispute with the original creditor that remains unresolved? n/a
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? n/a

 

Defence

Firstly, I wish to state that I have received no correspondence whatsoever on this matter and I am deeply shocked and stressed to receive a court document in this way.

I have never been requested to repay any amount to Adidas, if I had done so I would have provided them with the information below which they can check on their own account.

On discussion with my bank and checking all my bank and card statements I have not received any such refund as described from Adidas.

On contacting Adidas for my membership details they sent me evidence of the following transactions on my account:

30th July 2021 I placed an order AUKxxxxx to the value of £441.80 for 11 items.

6 items were returned using Royal Mail label provided by Adidas with tracking DAxxxxx. 

5th August 2021 I received a refund of £190.70 on receipt of returned goods 

3 items were later returned using Royal Mail label provided by Adidas with Tracking DAxxxxx. 25th August 2021 I received a refund of £202.10 on receipt of returned goods

20th September 2021 I placed an order AUxxxxx to the value of £371.12 for 9 items, 7 items were returned using Royal Mail label provided by Adidas with tracking DAxxxxx. 24th September 2021 I received a refund of £335.37 on receipt of
returned goods

In summary, I placed 2 orders to the value of £812.92

Returned items on 3 occasions using Royal Mail labels provided by Adidas with tracking numbers above.

I received refunds on receipt of goods to the value of £728.17.

Therefore the information that is contained in this application is incorrect and I respectfully request copies of all details
submitted to the Court by the Solicitor in this claim and that this claim be rejected

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That's not how a defence goes sadly.

 

That's more like a witness statement better for that later 

 

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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Not at all.... if 24th is the date top right on the Claimform you have 33 days as long as you have done AOS...

 

You've weeks to file a correct and CPR compliant defence we'll help as you are now not alone. 

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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Oops you say you uploaded that to mcol?

 

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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  • dx100uk changed the title to Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.

surprised that fitted.

 

can you just pop up on mcol and show us the status of the claim page there please

omit the claim number 

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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Status Summary

 

Please read this page carefully. From here you can decide what action you wish to take next.

If you do nothing, judgment may be entered against you.

Claim Summary
Claimant
Adidas (uk) Limited
Claim Number
K
Defendant
Mr 
Amount Claimed
£1,075.89
Court Fee
£80.00
Solicitor Costs
£80.00
 
 
Total Amount
£1,235.89
Issue Date
24/01/2023
Claim History

A claim was issued against you on 24/01/2023

Your defence was submitted on 31/01/2023 at 09:37:32

Your defence was received on 31/01/2023 at 12:05:35



 

Available options

You have submitted a Defence or Part Admission. You can view, print and save your Defence or Part Admission.

Acknowledgment of Service

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I wouldn't worry too much about your defence not conforming to our standard defence your claim is different to say a credit card or loan type of claim there really isn't a right or wrong response...you have put them to strict proof to disclose otherwise, you have proof of what was credited what was returned.

 

It's now for the claimant to prove otherwise and will be very difficult that goods were not returned more of a case of not received which will involve third parties which is not your problem.

 

Await allocation now if they wish to proceed and if so, we can sharpen your defence into an effective witness statement.

 

Andy.

 

 

.

 

 

  • Like 1

We could do with some help from you.

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Fine so now you are waiting for the claim to move to allocation to your local county court and will receive notice by way of the N149 a and submit a directions questionnaire...comeback when you get this form.

We could do with some help from you.

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  • 3 weeks later...

DQ N180 will be mentioned on claim status when/if the court send them out.

if the claimant wants to move it forward

 

dx

 

 

  • Like 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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24 minutes ago, Nongki said:

Is there a timescale for receiving N149 ?

 

Depends if/when the claimant informs the court they wish to proceed.

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Yes the claimant has 33 days in total to consider a defence and decide if they wish to move to allocation (submitting DQ,s)

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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No .....the last entry in the status would be Defence filed.

 

If they wish to proceed the last entry would be DQ sent to Claimant/Defendant date xxxxx

 

 

 

.

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 2 weeks later...

Hi again

Just a question about when the 33 days would be taken from ?

Filed defence on 31st January so 33 days would have been 5th March

Received letter from court acknowledging defence on 3rd Feb, presuming Adidas got at same time 33 days would be tomorrow

Letter actually said they had 28 days which would have been 3rd March

 

Cheers

Edited by Nongki
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Its 28 + 5 for service (33) same as for you to submit your defence. You submitted your defence early.

 

Date of issue –  24th January 2023 

Defence due =  25th Feb (Sat) 33 days + 33  = Wed 29th Mar

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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