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    • I would say so yes but ofcourse only in the years the charged it not running till today.
    • please complete this:     and scan up the PCN bothsides to one multipage pdf read upload   dx  
    • Must satisfy POFA if they want to ground Keeper Liability, so no Keeper liability, their RoboClaims always try to sue both as if they can jointly and severally, but the Courts should be looking at the was Driver or Keeper and chuck the claim out for being vague, but they don't  They might if POFA fails and they know they are onto a loser, might have a last gasp and try to rely on Elliott v Loake a criminal case so not applicable to a Civil claim, and CPS v AJH Films, again not applicable as is about employer/employee, they will do this to try to get someone to cough up before a case they know they are going to lose to salvage what they have already paid ou to go to court.  I would delete the  line   As the keeper of the vehicle, I decline as is my right to name the driver (s) at this time"  That is an oblique reference to the duty to name driver in a Criminal case, and is the Elloitt v Loake scenario.   Others will have better ideas, but lloking decent.
    • Good morning request sent off yesterday to moriarty law  but today got this load of tosh  Combine Jul 17, 2019.pdf
    • In response to your question, I have a copy of the title deeds showing ownership and also the leases. No idea what to do with that info though!   I should be most grateful if you would review the attached brief draft defence on page 1. The page 2 thoughts are a work in progress.   The POFA point is weak in my opinion, but having read a lot of analysis of the requirements, I haven't managed to come up with anything beefy.   I should be grateful for any ideas on that, as it seems like a failure to follow procedure would be a strong defence.   Also it asks for the driver's details on the PCN and then the claim states the Defendant was the registered keeper and/or driver, but I don't really understand whether there's a point of defence there.    DRAFT DEFENCE 1)      The claimant has failed to prove that VCS had a contract with the landowner (The West London Property Corporation Ltd.) in August 2015, and therefore failed to show either a legitimate interest in controlling parking at the Berkeley Precinct, or the authorisation to make charges on their own behalf, for any overstay in the carpark, including for first-time offenders (relevant to Tesco lease). (no response to CPR 31.14 request delivered and signed for at 10.32a.m. on 9th July) 2)      The claimant has failed to prove that VCS obtained a planning permit from the Sheffield Planning Department under the Town and Country Planning Act 2007 (also requested in my CPR 31.14 letter) and that there were prominent signs in existence at that time, showing clearly the terms and conditions for parking and the charge payable for any breach. Therefore, the three elements of offer, acceptance and consideration required for a contract were not met, and no contract existed. 3)      The claimant failed to issue the PCN in the timescale required under the Protection of Freedoms Act 2012 for keeper liability and, allowing for the 2 day delivery time afforded to Royal Mail, it arrived a day later than the 14 day deadline. The parking company has not met the keeper liability requirements and therefore keeper liability does not apply. The parking company can therefore only pursue the driver. As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time. As the parking company have neither named the driver(s) nor provided any evidence as to who the driver(s) were, I submit I am not liable to any charge.    
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Thanks for the quick response , will send a copy of the spreadsheet as suggested :)

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We had the same letter from the solicitors. I PM'd spiceskull about this and he/she said if you sent a breakdown of the charges to your bank - the spreadsheet - then no need to send it again just a quick summary. This is the template given

 

Dear Sir/Madam

 

With reference to your letter dated [DATE], claim No. XXXXXXXX with your client [bANK]. The bank was provided with a particularised schedule of charges, for which I am claiming a refund, on [DATE].

 

For your convenience, a summary of the charges is detailed below:

 

Penalty Charges - Total: £xxx.xx

Penalty Interest - Total: £xxx.xx

TOTAL: £xxx.xx

s.69 Interest 8% APR – Total: £xxx.xx

TOTAL: £xxx.xx

 

From the above summary you can see that the total amount I am claiming, for unlawfully applied bank charges, plus court fees, is £XXXXXX. I shall pursue your client for the FULL amount, and without conditions, unless my claim is met, to my complete satisfaction, in advance of any hearing

 

If your client is minded that the charges are fair, reasonable and transparent, then they are welcome to demonstrate this position to the judge.

 

Yours faithfully,

 

If you didnt just adjust the letter and print out a copy of your spreadsheet for them. Posting ours out monday. I think we're getting close now! Fingers crossed!

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Nope didnt send the spreadsheet to the bank but will edit as advised.

Thanks again.

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Recieved letter from D G Solicitors

 

We are instructed by HSBC Bank plc in respect of the claim you have recently issued.

 

HSBC is entirely confident that its charges are reasonable , are properly and fully disclosed in its terms and conditions , and that it would successfully resist any challenge in the Courts in relation to them.

 

HSBC is , however , mindful of the management time and irrecoverable legal costs associated with litigation in the small claims regime. For those commerical reasons alone , and without any admission of liabilty whatsoever , HSBC is prepared to make a payment to you in the sum of £3873.85 representing the charges applied in full and final settlement of this matter.HSBC does , reasonably , require your confirmation that you will treat this payment as confidential.

 

Has everyone who crossed out the line : I agree to keep the fact of the claim and HSBC's ex gratia payment strictly confidential : still got the cash?

 

also do i need to go to moneyclaim site and stop the action.

 

I have recieved more charges since i sent off the claim for the above amount , can i start another claim to recover these?

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Recieved letter from D G Solicitors

 

We are instructed by HSBC Bank plc in respect of the claim you have recently issued.

 

HSBC is entirely confident that its charges are reasonable , are properly and fully disclosed in its terms and conditions , and that it would successfully resist any challenge in the Courts in relation to them.

 

HSBC is , however , mindful of the management time and irrecoverable legal costs associated with litigation in the small claims regime. For those commerical reasons alone , and without any admission of liabilty whatsoever , HSBC is prepared to make a payment to you in the sum of £3873.85 representing the charges applied in full and final settlement of this matter.HSBC does , reasonably , require your confirmation that you will treat this payment as confidential.

 

Has everyone who crossed out the line : I agree to keep the fact of the claim and HSBC's ex gratia payment strictly confidential : still got the cash? yes , within 3 days actually :)

 

also do i need to go to moneyclaim site and stop the action. the court sent me a form to fill in to say the matter was concluded

 

I have recieved more charges since i sent off the claim for the above amount , can i start another claim to recover these? yes you can, although be warned you are far more likely to have your account closed if you make more than one claim


HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Thanks for quick reply maverick , doesnt matter too much about them closing my account , gonna open one somewhere else with this cash.

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Returned the agreement signed on Friday 14th , recieved another letter last Thursday saying we are still awaiting your reply to our letter dated 11th July (i.e above letter).

Phoned Deborah D'Aubney only to get her voice mail , so left a message asking her to contact me and i havent heard anything since.

I have now check moneyclaim and i get status of claim defence

You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

So i guess i just have to wait to go to court now.

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This topic was closed on 11 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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