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    • What does it actually mean when some  one says" for clarity" you mean in your opinion really dont you?   HB Thanks, girl done well.   Acres of text to get through, are you sure I have not come across you before. Your addiction to point scoring is V familiar.   Anyway lets see if there is anything I have not cleared up already.   You say  "'ll just answer this for clarity (not for an argument). This applies to SDs made in a Magistrates' Court in order to set aside aconviction where the defendant was not aware of the proceedings."   So much for clarity. Below is what the section says information; and (b)within 21 days of that date the declaration is served on the [F1designated officer for the court], without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.   Notice "Shall be void. not set asidIf I am going to just be correcting basic reading i am not goiong tp conti   "When a person comes before a court to make such a Statutory Declaration the court must hear it if it is made within 21 days of the defendant learning of the conviction."   Noope The regulation says the court cannot interfere with the making of a SD,again completely different   Yes if it is, but unless the SD was made within 21 days of the action they are entitled to question it. As they do in the form you reproduced by asking how the defendant knew about the case.                         Said this alreay.   To answer your next paragraph, the court will not accept a lie, if there is one, they will have the option to increase the time however I doubt they would, or do you think they would just extend it? This is the test, of course.   Again you say SET ASSIDE, it isn't, the new case cannot be started if the old one is still pending of course.   Now having demonstrated your lack of knowledge. I shall move on. Your abstinence from posting is appreciated, either way, I will have you on ignore. Nothing personal I just dont think there is anything you can tell me.   One more thing the result does not compete with anything I have actually said, and everything I have said is correct, in relation to the legislation.                
    • Here is the reply from POPLA after I complained to its chief assessor -- completely rubbish!   ---   Your complaint about POPLA   Thank you for your email, which was passed to me by the POPLA team as I am responsible for responding to complaints.   I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against Parking Eye.     POPLA is an impartial and independent appeals service and we do not act either for the parking operator or the appellant. It is important to explain that it is not our remit to source evidence and documents from either party in support of their submission and our decisions are based on the evidence received from both parties at the time of the appeal. We cannot consider further evidence after the appeal has been completed.   You have advised that the decision issued to you on 29 October 2019 does not address the crucial points of your rebuttal.   You have reiterated your original grounds of appeal. For clarity, I have addressed each point as follows.   Regarding grace periods.   While section 13 of the British Parking Association Code of Practice stipulates that a minimum grace period should be allowed, the grace period is only applicable in car parks are required. In this car park, the entrance signs states that the site is for permit holders and service vehicles only, as such, a grace period is not applicable in this instance. You would have been aware that you did not have a permit on entering the site and I am satisfied that the assessor is correct in determining that the six minutes that you were on the site was not a reasonable period.   You have advised that there is no evidence of landowner authority and have provided a quote from another POPLA decision.   POPLA deals with appeals on a case by case basis and as such, any external factors such as other similar parking contraventions or appeals have no impact on our decision making.   I have reviewed the assessor’s comments relating to this ground of appeal and also the document provided by the operator and I am satisfied that the assessor has correctly stated that the operator has the relevant authority to issue PCN’s on this site.   You advise that no contract was formed between the driver and the operator.   The assessor has advised that the signage on the site makes the terms and conditions of the car park clear which, after reviewing the images of the signs provided, I agree with. By choosing to remain on the site, you have accepted the terms and conditions of this contract and by remaining on site for six minutes without a permit, the terms and conditions were breached.   After reviewing the assessor’s decision, I am satisfied that the outcome reached is correct As POPLA is a one-stage process, there is no opportunity for you to appeal the decision.   As our involvement in your appeal has now concluded you may wish to pursue matters further. For independent legal advice, please contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).   In closing, I am sorry that your experience of using our service has not been positive. We have reached the end of our process and my response now concludes our complaints procedure. I trust you will appreciate that there will be no further review of your complaint and it will not be appropriate for us to respond to any further correspondence on this matter.   Yours sincerely Paul Garrity POPLA Complaints Team
    • Thanks for clearing that up Homer.  I was  in the middle of writing what DX100 uk has just said. I notice that no questions have yet been answered from the Stickies posted on either thread. We will need some info in order to  counteract any stpidity by Link to try Court. The PCNs can be produced later under CPR regs. so photos of the car park with the notices at the entrance, around the carpark itself-especially any that are different as well as the T&Cs on the payment meter if there is one would be a help. As would the reason for the ticket. In addition, you could look up the local Council website on planning permissions to see if Link have ever applied for permission to erect NOtices and ANPR cameras within the car park. This would come under Town and Country [Advertisements] Regulations. And if you have any recent PCN remiders from Link that might help a little.
    • OK can we tackle this one by one then please. I will  please need some guidance here as have never filed such form, I'm sorry   DRAFT ORDER (sent through post #72) 01.   Item no. 1 - retain "struck out or heard at re-hearing" or delete the struck out? 02 .  Item no. 4 - should this be included? or how else to write it?     In Witness statement I am saying  I am XXXX XXXX, of MY ADDRESS NO.3 and I am the Defendant in this matter. This my Witness Statement in support of my application dated XX November 2019 to: 1.Set aside the Default Judgement dated 14 August 2019 as I was not properly served at my current address and I am given leave to file a defence, copy of which is attached to the application. 2. Order for the original claim to be dismissed or Set Aside to be re-heard at a new hearing; on the basis that the Defendant has a reasonable defence. 3. Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee and refund of any illegal fees paid by Defendant to Newlyn Debt Collection Ltd pursuant to the Default County Court Judgment of 14th August 2019 and reasonable Defendant’s costs required to set aside the Default Judgment   03. Are points 1-3 to be repeated exactly in the Draft Order?    
    • Thanks dx, I understand.    However what legal recourse is available to get it sorted? I've been offered a great deal with my existing lender
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daipp

daipp v Egg

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SAR posted 26-Feb-07 and received by Egg on 27-Feb-07

 

Following another post on these boards I sent a secure message to them on 17-March-07 telling them to accept my message as proof of my ID. I told them in no uncertain terms that they will accept the ID as proof of my ID and that the late request for ID is merely a stalling tactic so I will continue to take the legal deadline of 40 days for the information from my original request.

 

I look forward to the 09-April-07 !!

 

David

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SAR posted 26-Feb-07 and received by Egg on 27-Feb-07

 

Following another post on these boards I sent a secure message to them on 17-March-07 telling them to accept my message as proof of my ID. I told them in no uncertain terms that they will accept the ID as proof of my ID and that the late request for ID is merely a stalling tactic so I will continue to take the legal deadline of 40 days for the information from my original request.

 

I look forward to the 09-April-07 !!

 

David

 

That must have worked because today with 17 days to spare I received all the statements for my Egg credit card for 7 years. :eek:

 

It appears that I only went over the limit three times so my total charges amount to £60.00.

 

Not wanting to look a gift horse in the mouth I'll send my claim off tomorrow.

 

David

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After sending off my claim to Egg, a week later on the 29-March I received two letters; one saying that they have received my complaint (?) and one offering me £12.00 (3 x £4.00).:-x

 

On 07-April I sent them a letter accepting the £12.00 as a part payment for the full amount of £60.00. They have 7 days to pay this and then the remaining £48.00 to be paid within 14 days. Otherwise I will commence legal proceedings.

 

Checked www.royalmail.com and the letter was received today.

 

Just sit tight and wait.:)

 

David

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After sending off my claim to Egg, a week later on the 29-March I received two letters; one saying that they have received my complaint (?) and one offering me £12.00 (3 x £4.00).:-x

 

On 07-April I sent them a letter accepting the £12.00 as a part payment for the full amount of £60.00. They have 7 days to pay this and then the remaining £48.00 to be paid within 14 days. Otherwise I will commence legal proceedings.

 

Checked www.royalmail.com and the letter was received today.

 

Just sit tight and wait.:)

 

David

 

After only a few days I'm astonished to report that Egg have given me a full settlement of my £60.00 :eek:

 

I was ready for a fight as well :rolleyes:

 

Just wait for the transfer into my bank account within 14 days.

 

Many thanks to the advice on the boards.

 

David

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Received another letter from Egg today confirming that MY money will be in my bank account within 4-5 working days - they've become very helpful all of a sudden :confused:

 

David

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Just thought I'd let you know that the £60.00 was in my account by 18-April-07.

 

Case closed.

 

David

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daipp, well campaigned at all stages.

 

Barely a day goes by without new claimants diffidently posting the question "Egg sent me a rebuff letter, what do I do?" You clearly had no doubts, and your entire campaign took just 47 days.

 

Why? Eggployees, I suspect, have standing orders to read between the lines like poker players. When they come up against a ferocious claimant they retreat, otherwise they stall and ride their luck. Lets see how you achieved rapid results.

 

--------------------------------------------------------------

FEB 26 - you sent S.A.R - (Subject Access Request) to Egg.

MAR 12 - you reinforced SAR with Secure Message "IN NO UNCERTAIN TERMS" demanding response within 40 days.

--------------------------------------------------------------

MAR 22 - FROM EGG: 7 years statements received.

MAR 23 - you sent letter to Egg quantifying precise claim.

--------------------------------------------------------------

MAR 29 - FROM EGG: derisory offer of settlement.

APR 07 - you sent letter to Egg warning of legal proceedings from 21 APR.

"I was ready for a fight as well". :-x

--------------------------------------------------------------

APR 14 - FROM EGG: offering full refund.

APR 18 - FROM EGG: full refund received.

--------------------------------------------------------------

 

Granted your claim of £60 was smaller than some, and you appeared not to have claimed interest, but I believe your resolution leapt off to page and hit Eggployees with Eggstraordinary force. Suggest all claimants who receive derisory template letters from Egg, to reply saying:

 

that they know daipp got full refund within 47 days,

that in daipp Egg have seen nothing yet,

that they are twice as hard as daipp. :-x :-x

 

They probably could do with your convincing letters as templates, lol.

  • Haha 1

 

 

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Thanks for your comments and thanks to this board as well.

 

It's important that everyone takes their time to read as many threads and posts as possible and follow the guidance as closely as they can.

 

The other thing I would recommend is that your 14 days doesn't mean seven weeks, or 7 days doesn't mean when you've got time. Stick to the deadlines and stick to your demands. The financial institutions you are fighting, stuck to theirs when they took your money.

 

David

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