Jump to content


  • Tweets

  • Posts

    • Is there any point in revisiting the fact that the initial speculative invoice (which I never received anyway) was issued more than 14 days after the alleged incident anyway? Should that alone not merit the throwing out of the case to start with?
    • no cca = no pay ....end of. you should not have been running the sb date to infinity by paying debts no-one has enforceable paperwork for...might as well have burned the money for all the good its done you.   dx  
    • Despite the rapid start of vaccinating the population, the UK now has the 13th highest vaccination rate in Europe and the government has received criticism for the (lack of) speed of its booster program and the (lack of) availability of vaccines for 12-17 year olds.   - and falling - 11th not long ago   • Europe: COVID-19 vaccination rates by country | Statista WWW.STATISTA.COM Belgium, Ireland, and Portugal are among the European countries with the highest number of COVID-19 vaccine doses administered per 100 people.  
    • Just to be sure, you are suggesting that I adapt and use this text? ..... Grace Period: 45. Code 13 of IPC Code of Practice states: ‘13.2 Before a Parking Charge is issued Motorists must be allowed a Grace Period save and except when 13.3 is applicable. A Grace Period is a 10 minute period at the end of a Permitted Period of Parking. 13.3 A Grace Period is not required when the Permitted Period of Parking does not exceed 1 hour providing that the signage on the site makes it clear to the Motorist, in a prominent font, that no Grace Period applies on that land.’ Fifthly, I would ask the Claimant to provide evidence that the car remained in the car park for more than the ten minute Grace Period allowed by the IPC Code of Practice. The parking space became unpermitted at the moment the driver left the site, so then a ten minute Grace Period would apply. As the vehicle was there for no more than ten minutes, then according to the ICP’s Code of Practice, which the Claimants says they complied with at all material times, a PCN should not have been issued. Alternatively, the Claimant is invited to show the signage which makes it clear that no Grace Period applies. Planning Permission 46. Finally, the Claimant really emphasis their signage in their Witness Statement. In schedule 2 of their (expired) service agreement it says that ‘The Company will provide the following – 1. Supply 6 Vehicle Control Service v Claim Number: 16 x Enforcement Signs (MAXIMUM STAY 90 MINUTES WHILST SHOPPING IN THE STORES).’ I was only able to find 5 enforcement signs (Exhibit 15). This is another example of VCS not caring about legal obligations, this time within their own contracts. Regardless, I do not believe they have planning permission for these signs, which is a criminal offence under The Town and County Planning (Control of Advertisements) (England) Regulations 2007. I have requested proof of planning permission from VCS by means of a CPR request, but they have not replied. I have searched Hillingdon council planning portal and I cannot find planning permission for the signs. Whilst should mean a contract could not be formed between driver and the Claimant, as you cannot form a contract with illegality, I would like to use this as another example of how unbothered the Claimant is about the law and how they do not adhere to their own IPC Code of Practice as ‘Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses’ (Code 25.1 IPC Code of Practice). The Claimant does not care to adhere to Code of Practice they signed up to and generally do not care about keeping their legal affairs in order. I would consider that a blatant disregard for the rules and the law. 47. I have done some research into the Claimant and their court action. They have a pattern of behaviour whereby a VCS paralegal writes a Witness Statement, then mentions in the last paragraph they may be unable to attend court and then the paralegal never turns up to be crossexamined. In the event Ambreen Arshad is unable to attend court to be asked about her claims, then I would like to know why she is not able to attend when the hearing has been scheduled months in advance, is during working hours and as a result of covid, is online, so there is no travel involved. Mohammed Wali, the other paralegal employed by VCS, does exactly the same. Vehicle Control Service v Claim Number: 17 Additionally, I suspect the patrol officer will also have an aversion to explaining himself to the court. E. Double Recovery Legal Fees 48. The Claimant’s Particulars of Claim include £50 legal costs, yet in the letter dated 29th June 2021, the Claimant stated that they were no longer represented by Elms Legal and all further correspondence should be sent to the VCS in-house litigation department (Exhibit 16). I am not sure why the Claimant is asking the Defendant to contribute to their employee’s salary. 49. Furthermore, as per another letter dated 24th August 2021 (Exhibit 17), the Claimant wrote, ‘Should you fail to accept our offer of settlement then we will proceed to Trial and bring this letter to the Court’s attention upon question of costs in order seek further costs of £220 incurred in having to instruct a local Solicitor to attend the hearing in conjunction with the amount claimed on the Claim Form.’ I find this an extraordinary statement given the Claimant knows legal costs are capped at £50 in Small Claims Court. I cannot think of any reason why the Claimant would write this letter other than to intimidate the opposing party with the threat of an extortionate sum of money, hoping they would be able to take advantage of someone not knowing the Small Claims Court rules. Given that this letter came from the Claimant’s in-house litigation department, clearly well-versed in the law, I cannot see this as anything other than deceitful and disingenuous behaviour and I hope the court will not tolerate it. Vehicle Control Service v Claim Number: 18 Contractual costs / debt recovery charge 50. In addition to the £50 legal costs, the Claimant is seeking recovery of the original £100 parking charge plus an additional £60 which is described as ‘contractual costs and interest’ in the Particulars of Claim and as ‘debt recovery charge’ in the Claimant’s Witness Statement (para 31). No further justification or breakdown has been provided as required under Civil Procedure Rule 16.4. 51. In the event the court has somehow allowed Protection of Freedom Act to apply, then para 4(5) Schedule 4, Protection of Freedom Act, states, ‘the maximum sum which may be recovered from the keeper is the amount specified in the notice to keeper’ which in this case is £100. 52. In the more likely event that Protection of Freedom Act 2012 does not apply to this case, then the Claimant still must demonstrate how these alleged additional costs have been occurred otherwise it would appear to be an attempt at double recovery. 53. In previous parking charge cases, it has been found that the parking charge is a sum so high that it includes the cost of recovery. In the case the Claimant cited, Parking Eye Ltd v Beavis (2015) UKSC 67. It was held that the sum (£85) had already incorporated the costs of a private parking business model as it was inflated so as to comfortably cover all costs. The Supreme Court held that a parking firm which is not in [exclusive] possession cannot plead any part of their case in damages. The case provides precedent that £85 (or up to a Trade Body ceiling of £100 depending on the parking firm) covers the costs of the letters.
    • I deal some time with cash some time with card but i keep all recipts i put my money on  20 october  
  • Recommended Topics

  • Our picks

  • Recommended Topics

Beckz -V- Abbey


beckz27
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5219 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

this is good news for you. if you attend and abbey dont it sounds from your letter like the judge will disregard abbeys defence. ring the court and clarify what type of hearing it is and what you need to submit. have you had any directions from the court other than this. it sounds like a prelim hearing en-masse.do attend whatever and best of luck.

Link to post
Share on other sites

  • Replies 91
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I have had no other letter as yet, but was planning on calling the court tomorrow.

Getting scary now, incase i am one of the unlucky ones were Abbey turn up, and don't want to be unprepared or mess up anything.

Link to post
Share on other sites

Just called Linlithgow court,

It is a Small Claims Hearing for the judge to decide were to go from here should take roughly 5 to 10 minutes and is informal, although the woman on the phone recomends i take all the bank statements with me and any other evidence to support my claim, (may not be asked for it).

She said it is in a small room with the judge myself and Abbey.

 

Now just counting down the days till the 12th July and dreading my rather long journey for such a short hearing but thats life and if it looks better for me turning up i would rather go than jepordise everything after coming so far.

 

Now just looking for some support :D as i have never been to court before.

Link to post
Share on other sites

Can someone please give me the e-mail address and maybe a copy of an e-mail that everyone else is using in order to try and settle before court.

 

I am due in court on the 12th July and would really rather try and settle before hand, just realised it is going to take me 8 hours there and back to drive to Liverpool county court for a 10 minute hearing and although i am prepared to go would rather not. (My physio just gave me crutches today due to the problems i am having with my pregnancy)

Link to post
Share on other sites

Just after some support and encouragemnet.

Getting a bit concerned i may have missed something as i have been reading over a few threads and noticed a lot of people getting GOGW or full settlement even though they have been at this less time than myself.

 

As of yet i have had nothing from Abbey except from defence last month sometime and i'm due to appear in court on the 12th July for 10 minutes, i have only been asked to supply and take bank statements and proof of the charges/dates/reasons.

 

Maybe i am just getting overly anxious about going to court but not sure what is going to happen.

 

PLEAS HELP :)

Link to post
Share on other sites

Just after some support and encouragemnet.

Getting a bit concerned i may have missed something as i have been reading over a few threads and noticed a lot of people getting GOGW or full settlement even though they have been at this less time than myself.

 

As of yet i have had nothing from Abbey except from defence last month sometime and i'm due to appear in court on the 12th July for 10 minutes, i have only been asked to supply and take bank statements and proof of the charges/dates/reasons.

 

Maybe i am just getting overly anxious about going to court but not sure what is going to happen.

 

PLEAS HELP :)

 

Hello Becks,

 

Sorry to hear that you are still waiting for your money, but it will come:-D

 

I felt the same, everybody seems to be getting offers and I was getting nothing, but I stopped looking for it. The cheque arrived.

 

My daughter was reclaiming back from Barclays and got her cheque the day before her court date. She did have to attend court, to tell them the bank had settled.:-D So you are nearly there.

 

I think the banks are now trying to settle before the court claim is issued, that is why a lot of people who have claimed after you have got their money. You are already in the court system, so I guess that they don't rush.

 

My daughter e-mailed barclays a week before the court date and gave them a chance to pay up before court. They did pay up willingly. So maybe contact someone at the Shabbey, its worth a try and show the court that you are trying to resolve it.

 

Good luck and keep your spirits up. It will happen:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

Hi again

 

OK, I've got two names for you:

 

[email protected]

 

[email protected]

 

Try an email asking for full settlement, including your court fees and s.69 interest, on the basis that it is in the interest of both parties to avoid further costs to themselves, and the cost to the Court of going ahead with the hearing.

 

There have been a number of successful settlements this very week, who did exactly this, so go for it, but stick to your guns! Don't be fobbed off by their first offer - hold out for full settlement, or a lower figure that you would be happy to accept.

 

Very best wishes

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

  • 2 weeks later...

Just got news this morning that i have WON, yes i said WON.

 

In full charges, interest and court costs.

Money will be paid into my account.

 

WO HOO, i'm so pleased with myself that i have managed it and a BIG HUGE THANK YOU to all the people on this sight who helped me through it i couldn't have done it without the support of everyone here.

 

THANKS :D:)

Link to post
Share on other sites

Just got news this morning that i have WON, yes i said WON.

 

In full charges, interest and court costs.

 

Money will be paid into my account.

 

WO HOO, i'm so pleased with myself that i have managed it and a BIG HUGE THANK YOU to all the people on this sight who helped me through it i couldn't have done it without the support of everyone here.

 

THANKS :D:)

Hiya Becky,

 

What wonderful news, I am so pleased for you:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

Hiya Beckz

 

That really is fantastic news :D :D

 

So pleased for you - enjoy every penny!!!

 

Very best regards

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...