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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. 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 only contracted 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. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
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me against abbey....


adam1976brown
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well now the AQ has been posted of and i have theirs i have now reworked my everday email i am sending abbey to sort the claim out before court.. this is the new one i will be sending inga and james

 

Dear Sir/Madam

 

As you might be aware I have posted of my Allocation Questionnaire and have received your completed Questionnaire with your draft order of directions. I thank you for these and I have forwarded onto you my completed copy with all documents that I have stated attached in the Questionnaire.

 

In the section A you requested a stay of one month to try and settle this before court. Well as I stated in my Questionnaire I have repeatedly been trying to contact you by email everyday since the 24th March to try and settle this. Can I ask why you have asked for a stay but you are then unwilling to reply to my repeated emails and corraspondence to settle this claim? I requested to the judge that no stay is given as I have shown i have been willing to settle this matter before a court date is set and any further costs are incurred. I am though still willing to settle this matter before a court date is set but without the further delay of a stay as I feel a month will pass and you will not of contacted me.

 

So if you will like to contact me on this claim to settle for the now figure of £xxxxx.xxp, as the cost of the Allocation Questionnaire has been added, I will be happy to and avoid a long delay and freeing up more of the courts time for more important issues.

below are the areas that you can contact me on.

 

 

Or if need be you can reach me by post on this address

 

I hope to here from you soon so this matter can be dealt with swiftly and to an agreement that satisfies both parties

 

yours faithfully

 

 

does this sound ok or does it need a bit of tweaking or just filled in the big round filing cabinet..

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If Abbey are anything like Lloyds (which I gather they are), then the more you hassle them the longer you'll be waiting. By contacting them every day all you are doing is giving the impression that you are restless and frustrated - in which case they will try to frustrate you even more. They will not want to be seen to give in to this sort of pressure.

 

I can't help thinking that by going about it this way you're playing into their hands. Put it this way, if I were them, everytime I received an e-mail or phone call from you your file would go straight back down to the bottom of the pile! I've noticed with Lloyds, and I don't think this is coincedence, that the ones who chase most get settled the latest.

 

Let them come to you;)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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So if you will like to contact me on this claim to settle for the now figure of £xxxxx.xxp, as the cost of the Allocation Questionnaire has been added, I will be happy to and avoid a long delay and freeing up more of the courts time for more important issues.

below are the areas that you can contact me on.

 

I would give them a date or some indication how long your offer is valid for? other wise they can come back at a later stage and pay you that figure which could be quite a big reduction depending on how much you interest is adding up each day, plus you could lose your prep time for the bundle

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tx marie... the offer is open to the end but is changing each time a time line is passed.... i said i will continue to email the settle before a court date is set... then i will start with prep time etc.....i am still trying to think about what mad nick said a few post again bout what to say when i have to reject their offer if they only offer my charges back and not the intrest... the interest outstrips the charges. so i will lose half my claim if i only accept my charges... which i wont.. its all or all.. which means if abbey want to contest the intrest they have to contest the charges..which will not happen i hope...

what i am worrying about is my AQ.. posted it onthursday afternoon.. in the past it has arrived next day... now the date to be in is the 9th.. which is a bank holiday... checked online tracking and it has not arrived yet or they have not downloaded the machine they use for signing.. r courts open on a saturday??? if not what can happen.. will they take into account it was a holiday w/end and phone on tuesday.. dont want to get this far and bugger it up.. when the banks miss a deadlie the courts give them extrat time do they do the same for us with the AQ's...

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r courts open on a saturday???

No, neither are they open bank holidays.

 

There is no default in exceding an AQ deadline, so a day or two late will not hurt.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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relief.... i thought that would be the case.. cause in effect i lost 3 days then cause its easter.. i will still phone on tuesday to explain and also throw in that i have just had an operation.. might pull their heart strings...

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dont worry kimmy... i am not holding out for a quick payment... but i will kick myself if i dont try and also it shows to the courts that i have tried to settle this before a court date as requested by abbey when they asked for a stay of 1 month, even though they have not tried to settle...

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finally had an email today from Inga Kirkman... not too sure how to take it... get the feeling its a bog standard kinda of reply.. also it was recieved 2day at 1945hrs..

 

Thank you for you email dated 4 April 2007.

In view of the quantum of your claim, I can not enter into any form of settlement negotiations with you until such times as I have received your past 6 years worth of statements to enable me to conduct a complete reconciliation on your account. I confirm that I have requested these statements, but are yet to receive the same.

You should not make any asumptions about other claims commenced in Court. Each and every claim is dealt with on a case by case basis and on its individual merits.

I will be in contact with you when I have received your statements.

Kind regards,

 

now it says tx for the updates 4 april... upto the 5th april i sent pre-posted AQ emails to her saying such and such... since the 5th i have sent out a different email quoting abbeys AQ and mine... now i guess she goes through her e-box and rattles off these.... as for asking for my staements thats a bit cheeky... or did i mis-understood that.. she is waiting for them from the abbey or from me.. if from me then she can whistle for them till the court bundle... have sent before in all the pre court letters a breakdown of each claim with dates,amounts and what they were..

 

so what now???? shall i email her back and say what????? they did ask for a Months stay in their AQ but that was to try and settle the claim... i asked for this to not be given as i included in my AQ i had been contacting them for weeks with no reply... and this does not sound like trying to settle it only to stall it.... also i have had a investigation into my claim in the begining .. thats where the GOGW came from..cant she look at that.

 

more stalling tatics i guess...:D

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Hi, Abbey rang me yesterday trying to settle in advance of my Court date next Thursday and among other things told me that they deal with claims in order (of court date, presumably - they've got a lot of them to work through !!). If I was you, I would now let them stew. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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I will be in contact with you when I have received your statements.

 

you have at least 40 days to wait then :D

 

I have to agree with Nick leave them now you have tried to settle and they are obviously are not interested

 

To be honest the longer it takes the more money you will end up with, I calculated since submitting my claim in Feb my interest has increased by nearly £50.00

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  • 4 weeks later...

well here is a quick update... ............ thats it... nothing... been bout 4 weeks now since i sent of my AQ and thought i would of heaard something... i guess no news is good news.. but then my mind starts getting worried.... if anything was wrong then i would of been contacted right??? also just sorting out the court bundle, ie doing the photocopying etc, and had a look at the proposed directions part in the AQ... i am right in thinkking that only applies when its been looked at by a judge and he agrees on them.. what i mean is abbey cant just say this is what we want to happen, cause part says file list of schedules blah blah within 28 days of service of this order with the defendants and courts or it will be struck out.... now as i have heard nothing back from the courts on my AQ, as i guess they r backlogged, then this proposed order of direction is not legal yet... please please please say that is right and put a idiot mind at rest... i know what it says and means but my mind is reading it another way... and panicing... cheers...

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Hi Adam, I would suggest that you call the court and ask what's happening with your claim, from other posts here that 4 weeks seems to be the normal time for your AQ to go to the judge and then he gives directions.

 

had a look at the proposed directions part in the AQ... i am right in thinkking that only applies when its been looked at by a judge and he agrees on them.. what i mean is abbey cant just say this is what we want to happen,

 

Yes the judge will advise once he looks at the AQ, Abbey's AQ will say what they want but you hopefully also submitted the information from here when you filled in your AQ advising what you want so it's all equal.

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sent of another e-mail 2day asking why they bothered asking for a months stay if they cant be bothered to contact me.... phoned the courts and they said its typical of shabbey. i also asked what is happening with my court date and was told the district judge has finished reading a bunch of AQ's and will set a date for them in which one will be mine... great at last.. any way back to my email.. sent one to Inga and one to James... well i got one back from James ( auto reply) saying he no longer works for abbey ... was he sacked or just got fed up, or was he head hunted for all his great work on losing so many court cases on refunds...:D

 

Do we have a new person to contact with regards to our claims??? and if so do we have a new email or tele number...

 

cheers .....

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  • 3 weeks later...

just a quick question... been reading up on the loss cases against llyods and the last one happened cause the claimant was not specific in his claim... now did that mean on his claim form... if so then i am a bit worried... this is all i wrote in the particulars box.. was assured by some this was ok but need a bit of TLC to ease my fears..

 

The claimant claims the repayment of

unlawful charges from the account of xxxxxxxxxxxx Abbey National account number

xxxxxx xxxxxx for the period Jan 2001 to Dec 2001

amounting to £xxxx plus interest at the defendants variable intrest rate of unauthorised borrowing

of 28.7% of £xxxx.xx running from Jan 2001 to Jan 2006 These fees are unlawful

according to Section 5.1 of The UTCCR 1999. The total for the claim is £xxxx.xx

 

 

was this too little... got court date for sept 4th... probably panicing over nothing....

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Those POC are insufficiant and I'm surprised that the court haven't ordered you to elaberate on them.

 

Still, your POC aren't really important at this stage, if the court hasn't found a problem with them by now then they won't.

 

The latest Lloyds claimant did not show up in court - therefore the judge could only hear the claim on the evidence before him - I.e the POC and defence. The POC were insufficiant, so the claim was thrown out. As I underrstand it the claimant did not submit a bundle either.

 

What are the directions on the notice of allocation?

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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spoke to court last week and they said my case and all paperwork had been seen by judge and was waiting to be typed up.. thats where she gave me a date and said all seemed to be fine... as for direction standard abbey one where they asked for a stay of a month to try to settle... i asked for this to not be given as i included in my AQ a list of all emails and letters showing my attempt to settle with abbey without any response from them... my directions were standard and taken from here...the reason i think my court date is so far off is that i am away with forces in august and the months stay might have been given... going to call courts if not recieved anything at end of week... as for my POC i asked for help from here and was told that it was was ok... but since then all my paperwork and AQ have been in great detail....

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Directions are the orders to provide evidence in advance of the hearing, which will be given on your notice of allocation.

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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well i finally got the direction order for my court date... had a minor victory ( well i think its a big one for me..), abbey asked for a months stay to try and settle the claim. asked not for one and backed up with letters and emails that showed i tried for weeks to contact them and settle but they ignored them.. so he did not give it :D

 

just one question... it says i need to send abbey ( again) and the courts a break down of all charges and costs, dates and statements within 28 days of this order... now i have a date at top saying 1 st june and a date at bottom saying " dated 8th may".. now i only got this today... which date do i go by... if its the top no probs but if its the bottom that only gives me 3 days!!!!!!!!!!!!!!!!!!!!!! bit unfair.... any ideas??????

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Can you post up the order please?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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hi i have just read all the posts with great interest as i will be submitting a juicy claim with abbey, i actually left the bank in disgust after they "suspended my account" because i apprently " abused my account" it was a simple basic account and the misuse was actually abbey who would take £20 every month from my account and return 10 days later i constantly questioned this and was told it was a "system error" but if the £20 wasn't availble for them to take ( to return lol) i got charged £38.00 a time and this went on for 2 years also it then caused hardship for me and i was getting charged left right and centre so i'm going to enjoy this chase, the forums are very detailed so great thanks for good "light" reading all :)

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just finishing some aperwork to send of to abbey for the directions i got from the court and i came across this under the court bundle part on the order

 

"Any witness statements must be included in the documents filed and served."

 

now what does that mean filed and served?????

 

thought after months and months of reading and doing the claim i was understanding but of course another spanner pops up in the works...

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