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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  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Need Help With Barclays Ppi


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I took out a loan in Sep 03 and settled it May 06.

 

I rang up on numerous occasions requesting to cancel my PPI but was told as the time had elapsed 30 days this was not possible.

 

I sent them a letter requesting a full refund as I was mis sold the insurance (told i would not get the loan unless I took the PPI policy out, was only 17 at the time) also there is no breakdown or summary of charges in my terms and conditions of the loan.

 

They sent a letter back stating that I could have had the policy refunded and that there memer of staff had made a mistake telling me othrwise (but they are still refusing to pay me it back even though it's there mistake).

 

I have worked out that I have paid over £1500 in PPI.

 

So what do I do now? Do I send another letter threatening to take it up with the Ombudsman, if not what is the next move, is there anythign I can do?

 

Please help.

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Hi,

If you have a letter from them stating that you can have the PPI premium refunded then this looks like they have admitted their Mistake.

 

I would send them a LBA along with a copy of the letter which states that you can have the premium refunded.

 

See what response you get to your LBA..

 

I would also consider a complaint to the Ombudsman, At least it will make them aware of the situation.

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Hi,

If you have a letter from them stating that you can have the PPI premium refunded then this looks like they have admitted their Mistake.

 

I would send them a LBA along with a copy of the letter which states that you can have the premium refunded.

 

See what response you get to your LBA..

 

I would also consider a complaint to the Ombudsman, At least it will make them aware of the situation.

 

Ian

 

My typing mistake. The letter stated they wouldn't refund me my PPI, I think it's disgusting how they can just take you're money, they have taken like £1600 which takes me over 2 months to earn.

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If you were only 17 at the time they have Mis Sold you the policy, I would ring them and state that..and if they dont refund either take it to Ombudsman or Court.

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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I too can confirm this, should you have tried to claim on the policy, it would have been rejected as you did not meet the requirments for the premium.

 

I would also contact Barclays Insurance Dublin (0500 500 700) and advise them of this breach.

 

If you still have a copy of the agreement and T&C's, then I recommend sending a copy of these, along with your Prelim Request, stating that unless they refund the full amount, you will be reporting them to the FSA for selling a GI product to someone that did not meet the elgability requirements.

 

Good luck :)

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if you signed the agreement before you were 18 then you are not legally classed as old enough to take these agreements out classed as a minor. Therefore any claim would have been invalid.

 

This fact alone should enable you to get your money back.

 

rich

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  • 2 weeks later...

Hi

 

As I understand the law [not a lawyer] a minor may enter into a contract and the contract may be valid, but only for necessities, PPI is hardly that!

 

The contract was void, off to court you go!

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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I have since found out that i was actually just turned 18 (damn!!)

 

They have said that they won't entertain giving me a refund for my PPI. I told them to check their records to prove that I had called them on several occasions to ask them to cancel the PPi and even went into store and was still told I could not do this. They have said they don't keep records dating back to 2003 and that there are no notes on their system regarding this!! (surely that's not my fault!!)

 

What should I do now?

 

I have paid in excess of about £1500 which I could have cancelled, it worked out around £44 per month!!

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