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    • @WelshMotorist the legal power comes from Traffic Management Orders made by the local council under ss1,6 or 9 of the Road Traffic Act Management Act 1984. Each council drafts its own TMO so only your council can tell you the precise wording that applies in your local area, what their specific TMO says. But I'd expect it to follow the pattern of the TMOs I've seen online from a range of councils, all of which say it's only entering the zone that is an offence. Remaining parked in it and leaving it are permitted. There's one at the top of my road and it's enforced by ANPR cameras that only film ingoing vehicles.   One pain in the backside with them is that delivery vans cannot enter to deliver your online shopping that so many of us rely on at the moment. My local council helpfully suggests "...You should arrange for your item to be delivered outside of the restriction times..." despite the obvious impossibility in practice of making arrangements like that (good luck  with telling Amazon what time they can deliver to you!).
    • i think your council needs to revise their websites wording (if that Is what it does says?) IMHO, and simply remove the OR DRIVE. that's not needed as it's obvious! .....that would make it clear that people could exit .
    • Apologies for not replying, dx100uk, I read your first response too quickly and thought it was a statement.   I think it should be as Ethel Street said, you can leave the zone without being fined, just can't enter back into it. It matched what my neighbour told me.   I have sent a question over to our Council so I expect to have a more concrete answer sometime in the future and I will update this thread in case anyone else will have the same query.
    • My local authority has similar closures and their website says this. So your car can be parked in the zone and you can leave the zone. But if you drive into it you get a PCN.   What happens if my vehicle is parked on a school street, during the restricted times without a school street permit? You will be able to leave without a penalty charge notice being issued.   However, if you then return during the restricted hours, a penalty charge notice will automatically be issued.    Here's another, which seems clear you can remain parked in it.   1. Southwark Council hereby GIVES NOTICE that on 5 November 2020 it has made the above experimental orders under sections 9 and 10 of the Road Traffic Regulation Act 19841 .   2. The effects of the experimental orders are to introduce the timed ‘pedestrian and cycle zones’ listed below (physically enforced with traffic signs and the installation of temporary barriers) in which motor vehicles will be prohibited from entering during the listed hours of operation (note: ‘during term time’ implies Monday – Friday, except public holidays, during the school term as set by that school), except for vehicles requiring access to premises within or only accessible from within each pedestrian and cycle zone. Any vehicle that is already within a pedestrian and cycle zone prior to its commencement of operation will be permitted to leave, in the vicinity of the following schools: -
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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Patience (not) -v- A & L


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Best of luck and try not to think about it while on holiday:-)

 

Just think as you bank balance goes down -it might go back up again when they pay the money in:D

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Jansus,

 

They did state in the last offer letter that they would only keep my account open if I accepted the offer (£700.00) as full settlement and accepted the terms and conditions, so I don't want the account - not used it for months.

 

I can still log on to it and check balance!!

 

Hoping they just send me a cheque :D

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Well, the court bundle worked - NOT!!

 

Wragge sent me a letter today, offer of £600'ish incusive of court costs (without prejudice, of course). :eek:

 

Have got email contact to a specific person now, replied stating this offer is less than the offer of a month ago (sent direct from A&L) and full claim amount is the only acceptable offer.....cheeky b&*%$£@.:mad:

 

KEEP YOU UPDATED

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Out of interest, were Wragge asked to submit any sort of "court bundle" by a specific date? If so, what were they asked for?

 

Mimi

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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just had another look at n157, states that 'Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing'

 

This gives them 'til 17th August, I will be on my hols :D

 

I guess the answer is YES.

 

Also BCC operates a 'back to back' system for small claims.

This means that your case is blocklisted at the same time as a number of other small claims hearings, by listing this way the court is able to offer a much earlier hearing date.

The hearing should take no longer than 15 minutes!!

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  • 2 weeks later...

Hi all, spanner in the works or not??

 

Could anyone clarify if my claim, made wholly of returned direct debit fees, relies substantially on the UTCCR, if NOT can the UTCCR part of the bundle be removed?

 

Could I suggest a settlement of the claim amount over and above the OFT £12.00 limit and settle remaining part of claim after test case?

 

Can I contest a stay on any of the above points?

 

Received reply to my email to wragge:

 

I am not instructed to make a further offer to you. As you may be aware,

the OFT has issued a test case in which the "bank charges" issue will be

decided. It is understood that the Court will stay all current claims

pending the result of that test case.

Your claim has been allocated to the Small Claims Court, and each party

therefore bears its own costs. Should you wish to claim for wasted

costs, you will need to fully particularise exactly what costs you

consider have been wasted, and why. In this regard, I look forward to

receiving your submissions.

 

Any thoughts, TA

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bump

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I rang the court and was informed that as yet, my hearing was schedulred to go ahead as planned.

All claims with hearing dates were set to go ahead.

 

Sent a reply to above email asking for final clarification to enquire of any impending offers due to this info and await a positive response :rolleyes:

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Good morning Chubbas,

 

I got a reply from Georgina with regard my LAST EVER correspondence with these people before hearing :mad:

 

Quote "Unfortunately, my client is not prepared to make a further offer to you at this stage"

 

A&L are stubborn gits!! court it is, unless they've something up their sleeves :eek:

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I got cheque in full settlement on the morning of the court hearing date ... hold fire!

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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my problem now is my holiday :( . I won't know if they've put in a defence, requested a stay, or sent me an offer til I get back on the 25thAugust - they have until the 17th August, in the middle of my hols!!

 

This leaves me very little time to prepare any reply should courts/wragge send me anything.

 

Although they all know I'm on hols, even sent wragges a copy of my flight schedule :cool:

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The main thing is that you've covered yourself by letting everyone know when you're away ... plenty of others must be in your situation also.

 

I wouldn't worry, enjoy your hols. and there might be a nice surprise when you return and, if not, just carry on, you'll get there.icon7.gif

 

Mimi

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Hi there

I'm also in the same situation. I'm on hols from 10 - 24 August. Have informed everyone.I have to have my court bundle in by 22 Aug so am busy copying, pasting and typing up everything. to take to court early next week before I go away. At the bottom of court letter it states refer back to the judge after 29 August. I emailed Wragges last week about settling but so far have had no response.

Have a good holiday, I'm going to get everything tied up and just forget about it for 2 weeks - (I wish):rolleyes:

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Hi DWD dont worry too much, haven't heard them doing anything at all yet, you could always take the court number with you and ring to see if its really worrying you. Personally i would forget it and wait until you get back refreshed and ready to fight. I never contacted them at all until the day before we went to court (Good advice from Caro) and they were all to willing to settle, infact i kinda got the impression i could have asked for all sorts and they would have agreed rather than have to appear unprepared in court the following day, they foned me at 8.45am before the banks even opened and agreed instantly, even contacting the court to say it was settled (think it had more to do with me saying i was going to court and wouldn't have the case closed until i had money :D) So enjoy ur hols, come back refreshed and ready to fight :p

***************************************

Feels like a lost little girl x

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Hi Jess,

 

I'm wondering if they hadn't time to request stays that were due shortly after the test case announcement but wragge are hastily sorting this!!

 

I'm not one to worry, just trying to be prepared, I can see them trying to wriggle their squeaky bottoms out of the predicament their in.

 

Hols in 5 days :D , will have to see what postie brings?

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  • 3 weeks later...

Back from hols and it is not good news..........:mad:

 

The courts have issued a stay of their own initiative and give me 7 days to reply - dated 17th August, i.e. 24th august for applying for set aside etc....bloody infuriating seeing as all parties notified I was on my hols til today :mad: :mad: :mad:

 

I am going to apply for set aside, if that is the right course. Have read through the OFT Case and A&L site and it states that the test case is for overdraft charges on current accounts.

 

In addition to the template I was hoping for additional help in adding a couple more paragraphs if appropriate.

my whole claim is for unpaid direct debits and it is a basic cash account with an ATM card. I was never allowed an overdraft or cheques and I was wondering what actually constitutes a current account.

 

I was hoping to state that this 'basic' account was not afforded the priveleges of a current account and could not be classed as such and the fact that all charges were not related to an overdraft.

 

Very annoyed with the court also as it took them over a month to issue a court date, when it came it was in the middle of my hols and then issued a date two weeks later, I am sure this claim would have been settled now. Clearly they haven't reviewed the claim bcoz there is no way they would have sent the STAY and required my reply knowing I wasn't available!!

 

Any advice - should I keep my money or go for the set aside,

 

regards

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Call the court, write letters, (see templates on the site) anything to let them know the situation and how they havent given you time to reply. You have rights! The system is stacked against us, but there is so much going on now.. the truth will out. you will get your money back one way or another. Try not to let it get to you!

Love KX

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Hi all,

 

spoke with FSA and OFT AND COURTS.........BUSY, BUSY.

 

The FSA say that returned direct debit fees are within the realms of the OFT test case.

The OFT state that the test case is to establish if the terms and conditions in account contracts are clear and fair but also I was told that the removal of a stay would most likely be refused.

The Court says I can proceed with my N244 APPLICATION for removal of the stay but was given no advice either way with regard the outcome!!

 

 

I really don't know what to do, trying to locate details of claims (specifically A&L and the claim numbers) paid out very recently to include with any application.

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Hi there,

 

Settled claims link is here :-

 

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82

 

Schroll down to "Show results for", find A&L and it will show you the details.

 

Good luckicon7.gif

  • Haha 1

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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Fortunately, no, just got in at the 11th hour! Got judgement by default and cheque arrived morning of the court hearing:rolleyes: Didn't know judgment had been awarded for definite though 'til a week after the court hearing was due when my SIL got a letter from the court! All very tense ... we later realised Wragge HAD to get the cheque to her before court, hence the arrival of a DHL courier at her door the same morning!

 

The "test case" was announced the following day ...

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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I am now thinking against applying for the removal :( .

 

It appears that odds are now stacked against me, even more so with the courts putting the stay in place themselves.

 

the order states:

 

upon it appearing to the court that:

 

a) a test case has been issued in the high court between the OFT and certain banks with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts and the applicability of the UTCCR and other legislation to such charges

 

b) further info is likely to be available at The Office of Fair Trading: making markets work well for consumers

 

c) the issues raised in the test case will affect this claim.

 

It is ordered that:

 

1. the claim is stayed until further order with a view to awaiting the final decision in the test case.

 

2. the defendant shall within 28 days of the final decision file in court and serve on the claimant

a) a case summary of not more than 500 words setting out the effect of the decision

b) their proposed directions in this claim

 

3. documents at para. 2 to be referred to a district judge to consider further directions

 

4. either party may apply at any time, by application on notice in accordance with CPR 1998 Part 23 to lift the stay.

 

5. because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed.

 

thanks for any advice.

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after much deliberation I did it, N244 Application for removal of the stay, still £35.00 :eek: even with courts making order!!

 

Not many have applied apparently, and those that have it is where charges are for credit card fees.

 

alongside template, supporting evidence for removal:

  • vexatious defendant
  • obtaining direct debit fees from child benefit/tax credits
  • other courts/judges proceeding and settling claims post OFT announcement
  • articles covering professors and finance experts stating charges of differing degrees from £2 to £4.50.
  • Claimant or Defendant not party to OFT test case.
  • Was never afforded authorised/unauthorised overdraft, thus I never undertook any borrowings authorised or not.
  • terms of the account were changed significantly over a given period, making the day to day running of the account problematic.

QUE SERA SERA, DWD :p

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