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    • As per the heading, received a parking charge for failure to display a blue badge in a disabled bay on a retail park.  I am a blue badge holder, disabled/wheelchair user with a Motability vehicle. I received the charge as 'notice to keeper' I was not the driver. I don't have a valid driving license so use a carer. The notice arrived a week after the alleged incident. It states that as the 'driver' failed to pay the charge in full  hence, it is now the keepers responsibility ( the notice was dated 2 days after the alleged infringement and as no notice to driver was on the vehicle, I don't know how they expect the driver to be able to either pay or dispute the charge if they are not aware of it) Anyway, really looking for help how to reply. I cannot remember if the badge was correctly displayed or not. Photos taken of car miss a bit where I store my badge if not displayed so it would be possible to see a badge even if not 'correctly displayed" . It was a bit of a sh**ty day weather wise, gusty and raining  (as seen on the photos which reminded me of the actual day) so it is possible that badge blew to the floor as the driver was helping me out of the car into wheelchair. There is no windscreen photo showing that a PCN to "Driver" was stuck on the window either. The car park is free. There are no Parking Signs at all near the disabled bays that one could read to adhere to any terms and conditions. The whole row of disabled bays - of which are there many only state badge holders ( does not stipulate Blue Badge Holders) The notice states that the parking company is a member of the BPA and Operating in accordance with the British Parking Association's Code of Practice. The BPA, section 19.1 State that at least one parking sign should be near the disabled bays, in a position that can be easily  read by by a disabled person without leaving their car in order to decide to be bound by such terms. We returned to look for signage on the retail park and could not find one sign that was near the bays. The only sign we could find was high up on a pole but not near the bays. Someone had to get out of the car and stand on tip toes to be able to take a photo of a sign. I would be grateful if someone could help or point me in the right direction. It is now  15 days since the alleged incident and 7 days since I received the notice.
    • also just to clarify is it required that I physically post to both the county court and Evri? I read in another thread you can just email Evri a copy since they will just rescan whatever you post anyway (if they even read it)
    • I'm going to add some context here, it may or may not be different to mine, but it provides a hint around what you can expect from Overdales. My thread to read  TLDR  Lowell / Overdales lied about sending letters (I keep all mine), Admitted the default notice was faulty and made up their own, saying that's all fine, (Fake letters sent to 'prove ' it), Sent documentation that is illegible, not on letterheaded paper.  They will lie, try and make things up, try and send you offers to settle, play good cop, bad cop, all in the name of intimidating you into paying up, don't fall for it!  
    • Hi Dx,   I really have tried to fill the this in and paste the answers as I appreciate the advice    but it’s confusing as asks for e1 box and e2 box to answer I don’t have that    what I received from the court is    Form 02 Form 03 Form 05 Form 07 for if I wish to defend  also initial writ  Thanks 
    • The Tories seem to be confused at the moment, UB. Leaving aside the point about their record for now, Atkins completely ignored protocol by interrupting the Labour minister while he was speaking. I'm sure if a Labour MP had done that to a Tory minister there would have been uproar. I hadn't realised that Christopher Chope is a deputy Speaker now - I had go and and look that up.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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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Tan v Capital one **WON**


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28/11 - Requested statements via telephone call

4/12/06 - Statements received

12/12/06 - Prelim posted for £432.

04/01/07 - Offer of payment received (£144)

04/12/07 - LBA posted, I have also agreed to accept accept £144 as partial settlement. :)

 

Have you filed in court (MCOL) yet? as the 14day LBA period is up, don`t let them have more time than they are allowed:D

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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  • 2 weeks later...

Cap1 reply - Received today - Letter advises refund offered reflects the recommendation of the office of fair trading. After reviewing the account they can't increase the offer but partial refund is still available.

I will file claim with mcol 31/01 (payday) Only thing I wasn't sure about is the interest thing. I have submitted a schedule of charges with prelim and lba, I have not added interest as yet because when starting out a lot of the posts stated do not add interest until court stage. I have recently read a lot of posts advising contractual interest needs to be added at the start. Excuse my ignorance but what is the difference between the two types of interest. Do I stand more chance in wining by not adding any interest. Read another post where they were advised to send another prelim with contractual interest, if I do this won't it show that I haven't got a clue what I'm doing. Was feeling confident but the interest thing is really confusing me. Help please x :confused:

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Cap1 reply - Received today - Letter advises refund offered reflects the recommendation of the office of fair trading. After reviewing the account they can't increase the offer but partial refund is still available.

I will file claim with mcol 31/01 (payday) Only thing I wasn't sure about is the interest thing. I have submitted a schedule of charges with prelim and lba, I have not added interest as yet because when starting out a lot of the posts stated do not add interest until court stage. I have recently read a lot of posts advising contractual interest needs to be added at the start. Excuse my ignorance but what is the difference between the two types of interest. Do I stand more chance in wining by not adding any interest. Read another post where they were advised to send another prelim with contractual interest, if I do this won't it show that I haven't got a clue what I'm doing. Was feeling confident but the interest thing is really confusing me. Help please x :confused:

 

 

Tan,

The difference between Satatatory Court Interest (Interest persuant to s.29) and Contractural interest is 20.5%.

Basically if claiming through the Small Claims Court you have a right to claim Interest on the amount owed to you from the date it became owed, till the date it is paid to you. The courts set the rate at 8%.

 

Contractural Interest is basically the same interest rate as the banks charge you, and the main school of thought seems to be that its about 28.5%.

 

It may be difficult to add in Contractural Interest at this late stage, although, as none of the banks have ever let a case get to court, and the fact that you have not included interest in any communications with Capital 1, it would proberbly be ok in your case.

 

In your MCOL claim you will need to enter the contractural Interest claim bit (there should be a template in the banks library on the site, I think), and then you`ll need to send a schedule of charges to the court and to Cap1.

 

Don`t worry too much, just take it slowly as you complete your MCOL, then sit back and wait for Capital 1 to send you your money (because they will:D ), and all without appearing in court.

 

Good Luck, need any more help just let me know

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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  • 2 weeks later...
Don't know what to put for particulars of claim. Can anyone help. Worried I might mess up. Please help someone.

 

tan

You need to read the templates, there is one posted in their for particulars of claim, infact there are two, you just need to decide which one is more appropriate in your case

 

Hope this is of help

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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You would not believe how many times I have looked through templates. Duh! Thank you

 

No problem - file today and your approx 28 days away from settlement.

Crap1 will acknowledge your claim within the system, they will file a defence, the defence will be that they have settled.

They will write to you, and say that you will recieve payment within 14 days:D

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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Please can someone advise on the above question. Thank you .

 

tan,

To change your entry is going to cost you (not sure how much with MCOL)

 

The interest issue is a side issue as far as the court system is concerned, its the actual claim against charges thats the crux of the claim.

 

I would suggest phoning MCOL (0845-6015935 Open between 10am-4pm) explain the fact that you have entered a £ sign where you did not intend to, and be guided by what they suggest (they are a very helpfull bunch at MCOL).

 

Also, at the end of the day, this is never going to get as far as court anyway, as Capital 1 settle shortly after acknowledgement in all their cases, so will never be debated in by the judge.

 

Hope this is of help:)

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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I have contatced MCOL and all they could say was it would cost £35.00 to ammend claim and issue date would start from the day claim was ammended but the decission was up to me. The main question I have is if I leave claim as it is and Cap1 solicitors pick up on it could this delay the process or stop me from getting my money. I really don't know whether to just loose the £35 and change it or to just see what happens.

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I have contatced MCOL and all they could say was it would cost £35.00 to ammend claim and issue date would start from the day claim was ammended but the decission was up to me. The main question I have is if I leave claim as it is and Cap1 solicitors pick up on it could this delay the process or stop me from getting my money. I really don't know whether to just loose the £35 and change it or to just see what happens.

 

Cap1 could use it to delay the process, although, to date there is no evidence showing that they have done this in the past (unlike the Abbey, who look for ways of delaying things all the time), but they would be unable to use it to stop you from getting your money.

So, as MCOL have said, the decision is yours

 

* Pay the £35.00 and the 28 day process before payment starts again and your safe in the knowledge that yor claim is 100% accurate

 

* Not pay the £35.00 and the 28 day process before Cap1 pays you has already started,

* and they could pick-up on the error and ask you to adjust your claim, thus delaying the process

* or they either don`t pick-up on the error, or just don`t bother asking you to adjust your claim.

 

If this came before a judge:eek: , they would not be expecting you to act the same as a proffesional legal person, and would be more inclined to overlook a typing error from a layperson, than one from someone who is being paid in excess of £500k a year to represent legal matters.

 

Hope this is of help:)

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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Thanks for info Armsoft, I have decided not to ammend claim. I will just hope for the best. Received notice that acknowledgment service has been filed. Capital One intend to defend all of the claim.

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Thanks for info Armsoft, I have decided not to ammend claim. I will just hope for the best. Received notice that acknowledgment service has been filed. Capital One intend to defend all of the claim.

 

tan,

Capital 1 always acknowledge service, they also always say they are going to defend all of the claim.

They will file their Defence, which will say that they have paid you in full, so you can look forward to a letter from them soon teling you that they have decided to pay you all your money, you`ll then end up with that being paid into your card account (if you have a dorment account, they will send you a cheque of the balance)

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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  • 3 weeks later...

Letter received today - It is denied these fees are unlawful etc.............

Last paragraph states "I have in an effort to resolve this matter without the need for a court hearing, sent you a cheque for £686.16 It should arrive within the next 14 days" At last I have won. Need to concentrate on my Woolwich clim now (have a feeling that's is going to drag on) Thanks for all help and support!

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Well done Tan. . great result

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Well done Tan

Keep up the fight

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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