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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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Cassie v Abbey *** WON ***


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Well if she doesn't agree to £5k don't settle for less. Tell her to come back to you with an improved offer and she will. They'll keep hassling you to reduce your figure, but don't:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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She's just called with a final offer of £4800.

 

She said they didn't really have to make me an offer as I haven't got a hearing date yet. (She was very nice).

 

I get the feeling that if I don't settle, it could go against me in court????

 

Any advice VERY welcome.

 

Cassie

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Don't take it, she's trying to intimidate you. There's another £200 at least still to find. Tell her you'll see her in court

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Cassie, ignore her or at least email with a polite no thanks, THEY WILL CAVE, they know that the Lloyds hearing wasnt worth the paper it was written on, she is good for another 1.5k at least

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Cassie, you are strong, you can do this, you really can................. I know its tempting, but dont take it............ Hold out, it will take longer yes to get the money,but you know you will win. You just have to find the courage within yourself to continue. Its not difficult, everything you need is on here, everything, and if you cant find anything then you know you can always come back and post and there are hundreds to your rescue. YOU CAN WIN THIS, YOU CAN DO THIS, .................... HOLD YOUR NERVE MY FRIEND, AND YOU WILL GET YOUR REWARD. The Lloyds win yesterday was fluke, nothing more, and were all sure it will be overturned if the guy appeals, so please dont let that sway you into bottling it. You are strong, you are fantastic and youve come so far. Dont throw the towel in now, thats what theyre banking on. (forgive the pun). STAY STRONG, AND YOU HAVE MANY BEHIND YOU WITH SUPPORT.

 

All the very very very very best. Fendy xxxx

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Cassie,

 

I know it must feel like people are shouting all sorts of different things at you on here, but set them a deadline to settle at £5K and then walk away if they don't, that way you'll get all of your claim. :)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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OK read my post http://www.consumeractiongroup.co.uk/forum/abbey-bank/90404-lloyds-win-abbey-consequences.html#post825310

It is very important in Abbey's case. The defence they submitted states very clearly that you breached the contract and for that they charged you a penalty fee which is a true reflection of their costs...The full amount is due and they know it. Lloyds case didn't set any precedent and if they would like a trip up to your court to defend it then you should offer to buy them a cup of tea for their trouble.

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Cassie, Take a deep breath and stop worrying.

 

Now, ask yourself how much of what you've claimed back you feel you're entitled to. With this figure in mind, tell them you WILL NOT settle for anything less, no if, no buts, that is what you want to settle your claim.

 

If they still say it's too high, tell them you'll see them in court.

 

Then make sure you've prepared everything you need to the best of your ability, understand exactly what you will rely on if you have to explain yourself and get one of us to act as your court buddy. I'm sure someone living near you would come along & give support in the unlikely event that they leave it until the court day to offer to settle, but settle they will.

 

There is no way they want to explain their charges in open court, so what option do they have but to settle. Of course they'll try and get you to accept less, they're in the business of making money and if it's your money they take to feed their greed, they don't care, so the more they can frighten you out of the better they feel.

 

Just look at the amount that CAGgers have reclaimed in the last year and ask yourself, would the banks have repaid that if what they were doing was lawful. I think not.

 

Please, just take a few moments to yourself, decide what you are happy doing and we'll all support you whatever that is. :)

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Thanks everybody for your fantastic responses.:)

 

Believe it or not I am quite a strong person - always fighting someones corner - always on my soapbox when I see/hear about an underdog or injustice - EXCEPT when it comes to ME.

 

I'm VERY tempted to accept this offer of £4800 but I now have Louise's email address (wish that was the only contact I had with them - I feel it would have been easier). I know I am asking a lot, but can anyone draft a (nice) email for me to send to her, rejecting this offer....... and my reasons why (I think we all have the same reasons).

 

At the moment I really feel at the end of my tether BUT there are so many more claims coming up behind me I don't want to prejudice them.

 

Cassie

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Dear Louise,

 

Many thanks for your offer, but i feel that I am unable to accept, as I stated earlier, the absolute minimum offer that I feel that I can accept is 5k.

 

As you feel that you cannot offer this, i look forward to receiving your court bundle shortly.

 

Yours faithfully

 

Cassie

 

 

Or something along those lines - dont get into a protracted email, just state what you want and then wait for her to come back, and she will

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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with a little tag line along the lines of (court bundle).....which of course you are aware was a court order made to you for submission by ...whatever date.

 

That bit is quite key in the case as the court has ordered them to disclose their costs...which of course they won't/can't

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Hi All

 

Noobrider:

I haven't had a court date set yet - all I've had is a letter from Bromley CC stating that my case has been submitted to the Mercantile Court.

 

Sorry if I'm being thick.

 

Cassie

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Cassie did you send the e-mail?

 

If Abbey call you again say you are at work and cannot talk!!! and could they e-mail you with their revised offer, that way you won't be accepting any reduced offers without thinking about them first.

 

You can then post the e-mail and get some feed back before accepting anything

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Well I am sure you will do the right thing, just don't be bullied into accepting less money unless you are happy with it.

 

Personally I do think if you hold out you will get all of it, and Abbey keep mentioning the Lloyd's case is just another scare tactic, maybe you should mention my case!!! as far as I am aware the Lloyds case was only won because the guy did not complete the paperwork properly, (he was not getting information from here but don't quote me) and as usual Lloyd's did not turn up at court so it was more luck that they won than anything else, maybe you should have a quick look at the Lloyds section and get an idea of what happened so you can quote back to Abbey the case, I am sure that will shut them up. I feel they are trying to scare you with this case just don't let them.

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Yes Ignore the lloyds case as it is irrelevant and likely to be appealed against, it didnt set a precedent and as such does not back up lloyds cases what so ever, its just mind games, if they were so sure of their position they would withdraw their offer and offer you zilch, nothing.

 

Mind games thats all.

 

DELBOY

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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Hi cassie,

 

How are doing?? Don't rush into agreeing anything today, but hope it goes ok for you:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Totally agree wit Delboy - if the Abbey was sure of its ground they would have removed the offer in full. The Lloyds result was no precedent and hadn't been prepared for adequately and one of the claimants hadn't even submitted papers the judge had asked for.........

 

If the banks really thought they had a good shot at winning then they would have defended at least one of the 140 plus cases that were due to be heard at the mercantile court in London in April - becuase a decision there would have been a precedent. I think their failure to do so speaks volumes:p

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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I've just sent the email:

 

Dear Louise,

Many thanks for your offer, but I feel that I am unable to accept.

As I stated yesterday, the absolute minimum that I can accept is 5k.

If you haven't agreed to this by 5pm tonight then I will consider this offer to be withdrawn and I look forward to receiving your court bundle shortly.

 

Yours sincerely

 

 

I don't know if I've done the right thing.................... but it's done now.

 

 

Cassie

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Don't worry they will come back to you just hang in there and go for 100% now, they are messing you around trying to put the frightners on you, just keep correspondance to e-mail from now on and you will be fine

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small points but:

 

the case against Lloyds was submitted using the correct information from this site

the claimant had prepared very well according to the judge and was a model litigant

it ultimately was a poor ill informed judgement that centred around the fact it was not a breach of contract.

 

Abbeys defence actually states that you have breached the contract and that is a big difference.

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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