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    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
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      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.

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    • 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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MBMA /abbey credit card


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File for non compliance .............the muddle they're in at their end is down to them not you

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

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court bundles for dummies

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:D Well as the amount they owe you is more than the amount you still owed them after the partial settlement I would think that you are home free as far as getting your CRA records amended. Send them the 14 day LBA and add in to it

"Furthermore as the balance you show as my still owing after partial settlement at the CRA's is completely made up of these unlawful charges I am also asking that you amend the CRA entries imediately to show settlement in full and no default."

 

Additionally you should be a wee bit suspicious about the lack of information they have supplied you with.............pursue it they probably haven't got a copy of a properly executed agreement with you in which case they will probably if pursued rigorously by you result in them having to write the 700 + off, amend records and refund you your penalty charges in full.:D :D :D :D

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You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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  • 1 month later...
Jackster

 

I combined LBA with acceptance of goodwill gesture on the clear understanding that the rest of the claim would be pursued. I didn't go down CCA route because charges plus CCI have wiped the debt with money left over. From reading other threads, as Wednesday says, it has to be one or the other, as claiming charges when you are stating they cannot enforce the debt because of no CCA is contradictory. You need to decide which route benefits you the most. Whatever you choose to do, am wishing you well and will follow your progress.

 

glav

 

 

Why? They've unlawfully applied charges to the alleged debt so they should refund those. Then if they have no true copy of the agreement they are will still have to write debt off as per Wilson v Secretary of State for Trade

"These restrictions on enforcement of a regulated agreement are for the protection of borrowers. They do not deprive a regulated agreement of all legal effect. They do not render a regulated agreement void. A regulated agreement is enforceable by the debtor against the creditor. It seems, for instance, that a borrower may insist on making further drawdowns under a regulated agreement even though the agreement is unenforceable against him."

 

My understanding of the above is that the judgement still allows you to reclaim the unlawful penalties imposed in breach of the agreement even if that agreement is void for the purposes of the Consumer Credit Act.

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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