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    • The case against the US-based ride-hailing giant is being brought on behalf of over 10,800 drivers.View the full article
    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
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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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HFC Marbles credit card SD - was dismissed as voluntary joint charge provided - now owed by Cabot - settled at home sale - was i overcharged?


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Hello

I have looked at numerous threads on this excellent forum, but I cannot seem to find the information I am looking for.

I was issued with a Statutory Demand by a cedit card company a while back and subsequently agreed to a Legal Charge on a property for a fixed sum.

I have now been advised by a firm of solicitors that the debt, which has now increased over that stated on the Charge and has been Assigned.

I have not been advised by the original lender of any assignment and the new "Assignee" seems to be a company not registered within the UK.

As not disputed with the original lender, I have been maintaining monthly payments.

What should I do?

Is there a given time frame for receiving notices of assignment?

Any help would be appreciated.

Thanks

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  • 2 weeks later...

It depends on whether a legal charge on a property counts as property in itself.

I don't know the answer but maybe others will.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Sent SAR with fee, using template, I have received a response, requesting I complete their form and provide a copy of driving licence or passport! and request to return to a P.O. Box number, though return address in on envelope.

Form asks for date of birth, name and address, and account type and number, and signature and date. Covering letter states that they will provide information within forty days of receipt of this form!

Shall I just write back saying that all this info is already in their possession, and that the clock is already running?

Any Advice would be helpful.

Thank you

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LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account: xxxxxxxx

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

Yours faithfully

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I think that you should send the letter of LBA after what you have sent what is changed.

So it will show that you have given them enough chance to reply to your what is changed letter.

try not to send anything with your signature on--in case?

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Thanks tifo and Kraken1.

Charge was done after issue of SD.

I have not been advised by original creditor of assignment, but by agent of DCA which advised me last month of assignment made last May.

I have no proof of assignment in the way of any official notification, other than a letter from agent.

Should I have anything please, in particular from original creditor?

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  • 3 weeks later...

I have sent a SAR to HFC, but the recipient is sending back "delaying" letters asking for my proof of identity.

I have responded as advised on here.

The original deadline of 40 days is looming, I remind them of this.

Can I get "heavy" if they miss deadline, which it looks as if they might?

Is there a template letter available?

Thanks

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Thanks Clemma,

I have not sent ID merely confirmed address and date of birth.

Was this too much.

I am aware of not signing anything, they wanted driving licence and passport (did not stipulate copies!) I have not sent.

Brilliant havinastella.

Thanks for that, I will check detail and action accordingly.

Thanks again!

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Hello Again!

I have checked all the template letters and I have complied with "Assuming that the Data Protection Act information request was lodged correctly (template letter, confirmed delivery, and fee paid)

They have written twice since original request, both of which I have responded to.

They are requesting "identification to be verified"

I have responded both times, and have confirmed address and date of birth.

Do you think they will they try and say that 40 days runs from date of receipt of address and date of birth, or does it run from original request?

 

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