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    • Just remembered!   Now I know this is no laughing matter for either your or your parents, but I guarantee if you read the following  http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1  by the end you won't be able to contain the giggles 🤣   On a more serious note, quote this in your WS as a persuasive case in (5).  Here there is VCS, someone who left the site, no locus standi, lots of stuff similar to your parents' cases.  And VCS took one hell of a hammering!         
    • You are wonderful, Dave!!   I shall get the WS drafted soon as I can! Thank you so much for your help!
    • I thought they were not allowing people to sign for recorded delivery/special delivery now meaning it could still be argued that they ever received it     
    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
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Prelim letter now printed and ready to send. The claim is for £504 - I added one charge twice originally because they sent me two copies of one page of my statements. I am on my way to the post now!

 

DDD.

 

Good luck- keep us posted...That press release by the Judge today should help all our causes :-)

Just hate every DCA out there

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Sorry to interrupt, which press release pmfchc?

 

Rouge

 

A senior civil judge has called on the financial regulatory authorities to investigate the legality of bank charges in the absence of any firm court ruling.

Judge Paul Collins, senior judge at the Central London Civil Justice Centre, said his fellow judges were "frustrated" at the number of legal disputes between banks and customers.

He added that the legal community was "concerned" that due to banks settling out of court, no ruling had been made on the matter.

The comments were made as part of a Tonight with Trevor McDonald special on the issue of bank fees.

Over recent weeks, a growing number of people have successfully challenge their banks over what they claim to be unfair and unlawful fees.

Customers have threatened to take financial institutions to court over unauthorised overdraft fees that can be as high as £35.

But the disputes are always settled before being heard, denying the courts the opportunity to make a ruling.

Judge Collins told the programme that an attempt was made to arrange a test case, by grouping together more than 30 cases, but they were all settled.

He said: "It is clear from discussions with judges across the country that there are a huge number of cases in which customers have been suing banks in relation to bank charges.

"None of these cases, so far as I know, have ever been brought to trial because the banks have always settled them, sometimes at quite a late stage in the proceedings. Because of the sheer number of the cases and the fact that they haven't been brought to a decision, I think it is fair to say the judges are frustrated."

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Just hate every DCA out there

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  • 2 weeks later...

You need to send them the rejection letter now. There are a few in the templates library..Stick to your timetable, they will pay eventually.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 2 weeks later...

And you will get your wish after you have filed your N1 . . Soon after that part of the process is done..They may defend first then pay up ..

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Thanks UK. I have been in to the court today and filed my claim. Felt like an old hand after my success with Nationwide. Not so much money due this time, but as the supermarket ad says "Every little helps"! :-D

DDD.

Dolly Day Dream

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Should get your money very soon now Louloubella..

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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I am claiming 34.9% contractual compounded interest, with the alternative of 8% simple interest. The likelihood is that they will just pay the 8%, but it's worth having a go! Good luck with your claim.

DDD.

Dolly Day Dream

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  • 2 weeks later...

Will they pay it into my bank account or send me a cheque? It's not quite the same as the obsessive checking of my account when I was waiting for Nationwide to pay up, although I keep looking just in case! I have just seen the optician and ordered some new glasses, and as I am a little old lady need varifocals which cost an arm and a leg. Some extra money would come in quite handy.

DDD.

Dolly Day Dream

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They seem to pay in different ways, some people seem to have had a cheque and others the balance paid off of their card, who knows, hopefully a result soon. Have you still got a balance on your card?

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