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    • Dont really think that cuts it.. simply the above only covers your set aside reason.   put the you have evidence you informed the original creditor of your current address on xxx ..some xxx months/years before the ccj.   id also drop the embarrass ed defence bit at the end.   what defence are you offering that you dont owe the money? Simply saying the claimant might not have paperwork is immaterial. The ccj trumps that.  
    • ther thing we need to do is identify the land correctly, so state where exactly it was. If you mean the Tesco/aldi car park  then there is a sign at the entrance but that isnt an offer pf a parking contract with charges fro breaching it so maybe an invitation to teat at best. Cant tell who it is with though so not good for these bandits
    • Hi,   I've been sent a claim form from Hoist finance UK Holdings, after speaking with them I believe it's with Robinson way.   I dont recall ever being sent a letter of claim beforehand, the debt is a Barclaycard and the amount if around £1500.   Speaking to robinson way they are unwilling to negotiate with me and simply told me to return the claim form.    Is there anything I can do to avoid the CCJ, I'm happy to arrange a payment plan with them and certainly would've if a letter of claim was sent.   Thanks 
    • you have to look back a long way to get all the info you need on contract law that covers the contracts offered by the parking co. let us say wha it is if worded properly, it is a unilateral contract, which is basicaly an advertisement of something that by your actions you accept. they are enforceable as such. CARLILL v Carbolic Smake Ball Co is the mainstay on adverts as contracts.   Burden of proof- well that is a 2 way street in this case as they will say that they had lots of signs so you must have read them. we say that they need to be specific to the circumstance of a motorist entering private land in a car so they ahve to be legible and transparent at the point of entry from the public highway or it isnt a proper offer. Get the signage right and the fact that you drive in a manner that would get you nicked by not paying due care and attention wont allow you to claim that you didnt see the signs. the reality is though that the signs are often piddlingly small, hidden or unlit and usually without the necessary planning permissions so thre illegallya dn thus fail to create a contract.   demand for payment  within 14 days at a a time well after the correct NTK/NTD was issued is OK, problem is that many of the original charge notices are duff so no liability exists.   youcnat ask for other people's personal data, only they can. If you were the keeper at the time then it will be you they are chasing but other than that all you can do is get her to name you as the driver ands ee if they want to obey the law and start all over again against you.   Now as the original Northern Parking services were wound up by the govt for being naughty you should look up the original paperwork you still have and see who the creditor was at the time. Also get pictures of the sigange as all of the signs from the Co I have seen fail to mention the new version of the company and that makes the contract offered by the signage void.   so for example the secod letter of calom that is headed Northern Parking Services - no such company, it was wound up and this lot either dont know who they are or are too lazy or stupid to explain themselves. There is no tie between the 2 companies with similar names so why are they passing themselves off as a bunch of out of business crooks I wonder? I suspect that they took over the books of the wound up co and failed to explain themselves to the old clients and just carried on. Now that will be somehting to explore IF they do take you to court.   We really need to see the signs(ideally as they were back then so streetview archive images plus new photos please) if possible along with the original paperwork and an idea of when they dropped through your letter box with reference to the 12+2 days allowed under the POFA.   If you can get that then it will be fairly easy to compose a stinging response to their LBA.
    • The timeplate only relates to the parking bay. The SYL's are governed by the times on the entry signs to the Controlled Parking Zone. I've looked on Croydons website but can't find the restriction times for Zone W. The T-bar is no longer a requirement, but the SYL must be substantially compliant, which from your photo I would say it is.   You need to get a resident permit or at least visitor permits ASAP or you're going to continue to get more pcn's  
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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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