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    • further polished WS using above suggestions and also included couple of more modifications highlighted in orange are those ok to include?   Background   1.1  The Defendant received the Parking Charge Notice (PCN) on the 06th of January 2020 following the vehicle being parked at Arla Old Dairy, South Ruislip on the 05th of December 2019.   Unfair PCN   2.1  On 19th December 2023 the Defendant sent the Claimant's solicitors a CPR request.  As shown in Exhibit 1 (pages 7-13) sent by the solicitors the signage displayed in their evidence clearly shows a £60.00 parking charge notice (which will be reduced to £30 if paid within 14 days of issue).  2.2  Yet the PCN sent by the Claimant is for a £100.00 parking charge notice (reduced to £60 if paid within 30 days of issue).   2.3        The Claimant relies on signage to create a contract.  It is unlawful for the Claimant to write that the charge is £60 on their signs and then send demands for £100.    2.4        The unlawful £100 charge is also the basis for the Claimant's Particulars of Claim.  No Locus Standi  3.1  I do not believe a contract with the landowner, that is provided following the defendant’s CPR request, gives MET Parking Services a right to bring claims in their own name. Definition of “Relevant contract” from the Protection of Freedoms Act 2012, Schedule 4,  2 [1] means a contract Including a contract arising only when the vehicle was parked on the relevant land between the driver and a person who is-   (a) the owner or occupier of the land; or   (b) Authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land. According to https://www.legislation.gov.uk/ukpga/2006/46/section/44   For a contract to be valid, it requires a director from each company to sign and then two independent witnesses must confirm those signatures.   3.2  The Defendant requested to see such a contract in the CPR request.  The fact that no contract has been produced with the witness signatures present means the contract has not been validly executed. Therefore, there can be no contract established between MET Parking Services and the motorist. Even if “Parking in Electric Bay” could form a contract (which it cannot), it is immaterial. There is no valid contract.  Illegal Conduct – No Contract Formed   4.1 At the time of writing, the Claimant has failed to provide the following, in response to the CPR request from myself.   4.2        The legal contract between the Claimant and the landowner (which in this case is Standard Life Investments UK) to provide evidence that there is an agreement in place with landowner with the necessary authority to issue parking charge notices and to pursue payment by means of litigation.   4.3 Proof of planning permission granted for signage etc under the Town and country Planning Act 1990. Lack of planning permission is a criminal offence under this Act and no contract can be formed where criminality is involved.   4.4        I also do not believe the claimant possesses these documents.   No Keeper Liability   5.1        The defendant was not the driver at the time and date mentioned in the PCN and the claimant has not established keeper liability under schedule 4 of the PoFA 2012. In this matter, the defendant puts it to the claimant to produce strict proof as to who was driving at the time.   5.2 The claimant in their Notice To Keeper also failed to comply with PoFA 2012 Schedule 4 section 9[2][f] while mentioning “the right to recover from the keeper so much of that parking charge as remains unpaid” where they did not include statement “(if all the applicable conditions under this Schedule are met)”.     5.3         The claimant did not mention parking period, times on the photographs are separate from the PCN and in any case are that arrival and departure times not the parking period since their times include driving to and from the parking space as a minimum and can include extra time to allow pedestrians and other vehicles to pass in front.    Protection of Freedoms Act 2012   The notice must -   (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;  22. In the persuasive judgement K4GF167G - Premier Park Ltd v Mr Mathur - Horsham County Court – 5 January 2024 it was on this very point that the judge dismissed this claim.  5.4  A the PCN does not comply with the Act the Defendant as keeper is not liable.  No Breach of Contract   6.1       No breach of contract occurred because the PCN and contract provided as part of the defendant’s CPR request shows different post code, PCN shows HA4 0EY while contract shows HA4 0FY. According to PCN defendant parked on HA4 0EY which does not appear to be subject to the postcode covered by the contract.  6.2         The entrance sign does not mention anything about there being other terms inside the car park so does not offer a contract which makes it only an offer to treat,  Interest  7.1  It is unreasonable for the Claimant to delay litigation for  Double Recovery   7.2  The claim is littered with made-up charges.  7.3  As noted above, the Claimant's signs state a £60 charge yet their PCN is for £100.  7.4  As well as the £100 parking charge, the Claimant seeks recovery of an additional £70.  This is simply a poor attempt to circumvent the legal costs cap at small claims.  7.5 Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practice continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (…) the claim is struck out and declared to be wholly without merit and an abuse of process.”  7.6 In Claim Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ''It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverabl15e under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4)) of the Civil Procedure Rules 1998...''  7.7 In the persuasive case of G4QZ465V - Excel Parking Services Ltd v Wilkinson – Bradford County Court -2 July 2020 (Exhibit 4) the judge had decided that Excel had won. However, due to Excel adding on the £60 the Judge dismissed the case.  7.8        The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.   7.9        It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4).   In Conclusion   8.1        I invite the court to dismiss the claim.  Statement of Truth  I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   
    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
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matt v Abbey


mattyb13
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Right today is the day im going to start with my claim against the Abbey.

 

Can anybody who has claimed or is presently claiming against them just give me a few pointers.

 

Firstly, does anybody know the best address to send off to get my statements.

 

I have found this one Data Protection Manager

Data Protection Team

Regulatory Compliance

Abbey House

201 Graftons Gate East

Milton Keynes

MK9 1AN .

 

I was also given this one in a telephone conversation by them :

Customer Operations,

PO BOX 297.

Bradford.

BD1 1BR.

 

thanks matt.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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Sent SAR on Friday 16th Feb by recorded delivery and checked the royal mail website and they have received today, so the 40 days are ticking. So I make that the end of March.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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Hello there..

 

Im just in process of waiting for my prelim with Abbey,Just to let you know that Abbey sent my statments in dribs and drabs, so ive now got 2 claims going on!!!!:rolleyes:

 

So just wait untill you get the whole lot before you put in your claim!! I think it's just there way of delaying things!!:mad:

 

Good luck

Monnie

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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Nakered, did you get them in the 40 day period? and did you get fobbed off with the microfiche thing.

 

good luck with your claim.

 

matt

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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Hi Matt

 

I got my statements 2weeks after i asked for them , and the print out of the microfiche about a week and a bit after.Dont no why they didnt send them all together tho??:?:

But saying all that Abbey were fine with sending them ( luckily )

 

hope this helps

Monnie

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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Received a letter from the abbey today thanking me for my request, lol, and saying that they are going to send me 14 months of statements but the rest is on microfiche and they cant send it to me until i send £10.

 

I have already sent a S.A.R. with £10 postal order in it. This letter has come from a different address to which I sent the SAR but this letter may have been triggered by a phone conversation I had with them the day before i sent my SAR. I have sent another £10 and a covering letter saying that I wanted one of the £10 sent back.

 

Now I have requested data at 2 different addresses from Abbey so I hopefully should get some data from at least 1 of them and as for the extra £10 i'm not too bothered about it as i'm guessing(and this is a wild guess) I will be claiming for about £3000.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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Share on other sites

Hi Matt,

 

Abbey tried to get another £10 out of me,but i sent them a photo copy of my postal order reciept from the post office, i think it's just them stalling for time!!

 

I sent off my LBA today,so they have another 14days ( not sure if this is 14 working days??) to comply, otherwise its the BIG one!!:o (N1 form )

 

Make sure you really go through the microfiche printouts with a fine tooth comb,i missed a couple of charges!!

 

Best of luck and lets see who gets OUR money first!!;)

 

Monnie

Smile **WON** £1903.00 :lol:

Data Protection Act sent 24/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

Smile (again!) Prelim sent 22/03/07

 

Abbey (Claiming £2315.00)

Data Protection Act sent 29/01/07, Prelim sent 6/02/07, LBA sent 22/02/07

GOGW £185.00 received 19/03/07

Handed Court N1 19/06/07

Deadline up 17/07/07

 

SmileVISA

Data Protection Act sent 23/02/07

 

Studio Cards ** WON ** (Claiming £613.19)

Data Protection Act sent 26/02/07, Prelim sent 14/03/07

GOGW £261.70 received 24/03/07

Sending LBA 26/03/07

Offer accepted!

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Received 12 months of statements today (9 days after they received my S.A.R.) they promised me 14 months and are missing April and May's statements, just waiting for the microfiche printouts for the rest.

 

I'm unsure about the contractual interest I may be able to claim back. I had a £1200 O/D and was always around that mark. I was being charged about £8-£9 per month which i think is about right. After falling into differculties Abbey removed my O/D so I moved my wages. I agreed to pay them £100 per month providing they didnt hit me with O/D overlimit fee they agreed but are now charging £24-£25 interest per month.

 

just a few questions on this;

1, can it be reclaimed?

2, if so is it worth the extra hassle, it seems very complicated?

 

thanks,

matt.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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matt, sounds similar to me. I did a lot of research : 8% was pathetic, accurate interest calculation looked tedious (6yrs worth of transaction) and prone to keying error and hence challenge by Abbey. I ended up simply applying the authorised overdraft rate (currently 16.9%) to each charge. Nice and easy, and the logic goes as follows :

  • it's a close approximation to the interest they charged
  • without either Abbey providing the true figure or me employing a forensic accountant, it's the best figure I've got
  • it is reasonable because the very short periods I was in credit were balanced by the periods of unauthorised overdraft interest
  • it underestimates the interest stemming from the charges because it ignores the fact that, without the charges the account would not have been in overdraft and therefore have attracted less or no interest.

Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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  • 2 weeks later...

just posted this in the general board but seems quiet over there a the mo so have copied and pasted it here to see if anyone can help.

 

At what point does a bank account become in dispute???

 

I am making a claim v abbey and have sent a SAR. I havent had all the info back yet (deadline end of this month). I have just had a phonecall from DRMS (abbey's collection services i assume). They refused to speak to me and would only talk to my wife, who is not here, although it is a joint account.

 

Is my account in dispute yet and can they transfer it to a debt collection agency or is it once my prelim has been sent that it becomes in dispute??

 

thanks.

 

matty

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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mistie, they have got until the 31st march.

I am thinking of writing a letter to them as im still missing 2 months of the 14 months they promised and also all the microfiche printouts.

 

I was just going to send them a polite reminder that they have 14 days left and im sure that a business like theirs would not to fail to comply with the DPA

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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Share on other sites

hi matt,

i am going to send them a reminder on monday, telling them they have till the 30th.

there is a link on my thread to the letter you need.

i just want to get the ball rolling, i cant wait to see how much i'm owed.

hows the tsb going??

mistie

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yeah, i have been keeping an eye on your threads as we have are at a very simalar stage.

 

i have drafted my own letter and im going to send it tomorrow.

 

LTSB going ok they have until 20th or it is time to start court action.

 

good luck mistie.

 

matt.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

Link to post
Share on other sites

Received all microfiche printouts today aswell. still missing 2 months of statements. sent them 2 letters late last night reminding them they have just 14 days left to comply, typical. hopefully though the letters will trigger them to send out the missing 2 months.

 

Although 2 months might not be alot the month before the missing ones i was charges £150 and the month after i was charged £220 so those months could be anything from £0-£400 and i want to make sure i get back everything im entitled to. :D

 

oh and a quick scan shows a total off £3467

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

Link to post
Share on other sites

Right gone through statements/microfiche with a toothcomb and it wasn't quite as much as i first thought as some of the microfiche printouts overlapped statements so i added it twice. (glad i spotted that before i sent anything off).

 

total is £3135 so prelim going on monday..#

 

Abbey here i come

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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Share on other sites

  • 3 weeks later...

Received no response to my prelim not even a you must be kidding letter so LBA going tomorrow morning.

 

i surprised i didnt get a fob off letter I know they received it as i sent it recorded delivery.I sent it to trinton square and thought they would forward it on to whatever dept they wanted to maybe they couldnt be bothered :rolleyes:

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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Share on other sites

  • 2 weeks later...

After reading alot of threads on the abbey board it seems like abbey have no idea what they are doing and today proved this for me.

 

I received a normal fob off letter from the abbey today. The letter was dated 12th April and started with the normal.

 

Dear sir,

 

As you know we are currently investingating your complaint you raised with Abbey 4 weeks ago. I am not aware because they didnt reply to my prelim letter and it was on the 20th March they received it which was only 3 weeks ago.

Our research is taking longer because we want to make a full investigation. Yeah, course you do.

We will write to you again in 4 weeks to let you know how we are getting on. I dont think so because in 10 days if you havent given me my money back im going to go to court.

We would like to reassure you that your complaint is very important to us. Yeah along with the 1000's of other that you send the standard letter to.

10 days and counting Abbey.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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