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    • You do realise all your pers details are shown in file info/properties?   It's why our upload guide states use pdf only    Dx
    • Remember that your hearing is for set aside, and only for set aside.   The judge couldn't give a monkey's whether your defence is legally sound and able to beat the fleecers on every point.  That's for the judge for the final hearing much later down the line.  The judge will want to know    - if you have a serious reason for not defending the first time around, and    - if you have a defence.   That's all.  Oh, and you didn't faff around for months before applying for set aside.   Therefore it occurred to me that forcing motorists to queue up in shops to get vouchers to then faff around at machines to input codes, rather than just, er, allowing two hours free parking, could be construed as an unfair term under the Consumer Rights Act "notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer".   To a large extent at this stage it doesn't really matter if I'm right or wrong or clutching at straws, the judge just wants to see an series of bullet point you intend to argue in your defence.   If you do include it I now see the Act is 2015. not 2019.
    • This is the letter I sent to P.E.on behalf of my friend, who is a work colleague.  P.E.sent nothing that was requested, and instead sent a letter which is the one posted in this read.  here is what I sent to P.E.     Dear Sir/Madam,                                  Before I am in a position to decide what to do with this pcn, please supply me with the following documentation, no later than 10 calendar days from the receipt of this letter.   1.Please supply a  full unredacted copy of your agreement with the land owner allowing you to enforce parking regulations. Unless of course, CEL are the legitimate landowners, in which case I require a copy of that proof as registered with the land registry. If however,CEL are not  the legal landowner of the said land, then you will have failed to constitute a contract with the land owner giving you the rights to enforce parking on the site.     When considering wether you are the legal land owner, and entitled to the stated fee, please bear this in mind:-  2.If CEL are not the legal land owners, then your penalty charge would be deemed illegal under the Unfair Terms in Consumer Contracts Regulations 1999,if you are not the legal registered landowner. It is also an unfair term according to the Consumer Rights Act 2015 regulation 62(4) October 1 2015.   3. I require you to provide me with a breakdown of how you reach the claimed figure. Please be aware of Judge McIlwaines comments in VCS v  Ibbotson Case No 1SE09849 16.5.2012 (transcript in the public domain), where judge McIlwaine said  “Parking charges cannot include business costs which would occur whether or not the alleged contravention took place”.   Based upon that evidence, I suggest that the amount claimed is excessive and is being enforced as a penalty for allegedly parking. The parking charge does not represent a genuine pre-estimate of loss, and therefore is unfair as defined in the Unfair Terms in Consumer Contracts Regulations 1999. The charge is also, nearly double that of what a council parking charge would be.   I believe there is no contract with the landowner that gives CEL the legal standing to levy these charges nor pursue them in the courts in their own name as creditor.   4. Supply  me with documentation showing how or where I formed a contract with CEL.I don’t recall entering into a contract wether fomally, verbally, by phone, text, email, or in person. Signs do not help CEL and drivers to form a contract.CEL, I believe, are only an agent who may or may not be the legal landowner as registered with the Land Registry.  Excel -v-HMRC 2012 is the binding decision in the Upper Chamber which covers this issue with compelling statements of fact about this sort of business model.   5. CEL have not said wether the pcn is for damages for trespass, or a contractual sum. Please specify which it is.   6. I do not believe that CEL have planning permission to erect signage (or the cameras) at this location),required under section 2a, town and country planning act,as defined in the Information Commissioners code of practice, book, updated October 2017.Here is the section you need:-   “Given the significant amounts of information that ANPR systems are able to collect, it is important that individuals are informed that their personal data is being processed. The best way to do this is through signage explaining that ANPR recording is taking place and, if possible to do so, the name of the data controller collecting the information.   While it is a challenge to inform motorists that they are being monitored, there are methods you can use, such as the Town and Country Planning Act (control of advertisements) Regulations 2007, to help provide this information (see section 9.1.2 for further detail)”. You will find this on page 34, section 5 of the said handbook. If  however, you do have planning permission from the local council to erect cctv/anpr cameras and signage,, then please forward me a copy of the planning permission granted. I also require a copy of the approved planning application, approved site plan and schedule of installation and maintenance of the signs, and cameras.   7. Do not try and frighten me into paying by quoting the Supreme  Court case of Parking Eye V Barry Beavis. Here is some information before and since that case.:- Parking Eye actually pay a fee to the landowners of the car park in question in the SC case, which is why no other cases using this case have gone to county court.  Furthermore,Judge J J Maloney did say in his case that he is “ only a district Judge and each case would be different depending on its issues”. Either provide me with all the documentation I have requested, in the time scale stated, or simply  cancel your actions.                                                   Yours Sincerely   Obviously i changed the name from CEl to Parking Eye.   For a windscreen ticket.docx
    • Good evening   Have something of nothing really to tell   BigMW - I received an email yesterday from the business manager requesting that I attend in person...rather ironic considering I'm imobile hhmmm....   " If you require further information could you please come to site and present valid ID.  The purpose of this is to prevent fraud"   I would deem this an unreasonable request!! Firstly it's taken 36 days to respond, why isn't my drivers license feasible?  Please advise here   Creation Finance -  Received Docs from Sar request - Doc confirming pcp attached....What do you think?   Further to the above, I should have heard back from their investigation (20/05/2022) . I've heard absolutely nothing!  Do I at this point send a nudge email to them or just go straight to FOS regarding both parties?   Thank you     PCP contract_.pdf
    • SAR, yes do both, could be useful for cross referencing   The dates you've given for moving abroad also change from your original post so the more info you can gather the better   Also, there's quite a few questions you haven't answered that could be useful.    
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Butterfly v lloyds ***WON***


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Hello All

 

I used on-line banking to calculate all excess bank charges for the period of 2/7/2002 until the present day . To my amazement this figure was £3500 ( without interest) I have written to the bank using a template requesting that they repay all funds ( with schedule of charges). However my concerns are that currently i have an overdraft of £850 and also am in arrears with a personal loan due to a period of unemployment. The amount i owe does not exceed the amount i have been charged. I assume if the bank starts proceeding against me for these outstanding monies that i could make a counter claim for the monies that i am owed. ?

 

I have tried to open another bank account however i have been refused due to a poor credit rating ..

 

I issued the letter on the 26/2/2007 so i await with bated breath for the standard " bog Off " letter.... I have thought that i am not going to hang around on this and as soon as the 14 days elapse , if i have no joy i will issues the letter re; court action and then take the necessary steps through the small claims court . ( obviously using the Steps from the site )

 

To be honest this really scares me i am not legally minded etc... and generally would rather run than challenge !!! however i could really do with the money to pay off my over draft and bring by personal loans back inline !!! So in the end the bank gets it back .....

 

Anyway will keep this thread up to date with any new developments .....

Prem letter sent 26/2/2007:)

"bog Off" received 4/3/2007:mad:

LBA letter sent 9/3/2007:)

Money claim .com filed - 27/3/2007:)

Notice of issue received 29/3/2007

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Hi

 

I'm at the LBA stage - im trying to get things in order . I have used on line banking to obtain info re; bank charges and have listed them on a spread sheet ( have been sent to the bank with prem letter). when it goes to court will i have to provide the statements or will the schedule of charges be enough ? if i need the statements will they except computer print outs from Lloylds on line banking.

 

Ohh one other thing is it correct to use this address- LLOYDS TSB BANK PLC

25 GRESHAM STREET

LONDON

EC2V 7HN

 

 

 

With thanks

 

 

 

Prem letter sent - 26/2/2007 -schedule of Charges included

 

LBA letter to be sent - 12/3/2007- Schedule of charges included

To contact MCOL 26/3/2007 .. WILL NEED HELP FROM THEN ON ......

Prem letter sent 26/2/2007:)

"bog Off" received 4/3/2007:mad:

LBA letter sent 9/3/2007:)

Money claim .com filed - 27/3/2007:)

Notice of issue received 29/3/2007

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  • 2 weeks later...

ok -just filling out mcol. I have to put in a daily rate of interest . My claim is for £3388- interest of £657.72. how do i work out the daily rate until my claim is finalized.

 

Please help me ..

Thank you

Prem letter sent 26/2/2007:)

"bog Off" received 4/3/2007:mad:

LBA letter sent 9/3/2007:)

Money claim .com filed - 27/3/2007:)

Notice of issue received 29/3/2007

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Thank you although do i need to add total charges with the interest then times by 0.00022?

Prem letter sent 26/2/2007:)

"bog Off" received 4/3/2007:mad:

LBA letter sent 9/3/2007:)

Money claim .com filed - 27/3/2007:)

Notice of issue received 29/3/2007

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Hi

You need to find one of the Mods on here (their names are in green) click on their name and click on send a private message.

Good luck with your claim!

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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i understand that i have to inform a mod of my claim number on money claim .com how do i do this .

Prem letter sent 26/2/2007:)

"bog Off" received 4/3/2007:mad:

LBA letter sent 9/3/2007:)

Money claim .com filed - 27/3/2007:)

Notice of issue received 29/3/2007

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On my money claim on line form it states-

 

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

spacer.gif The defendant has not filed an admission or defence to my claim

(Judgment by Default)

spacer.gif

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

spacer.gif The defendant admits that all the money is owed

(Judgment by Admission)

spacer.gif

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

 

 

 

What do i do ? i dont understand it

Prem letter sent 26/2/2007:)

"bog Off" received 4/3/2007:mad:

LBA letter sent 9/3/2007:)

Money claim .com filed - 27/3/2007:)

Notice of issue received 29/3/2007

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  • 2 weeks later...

up date -

 

Filed claim on line it was issued on the 28/3/2007. we are 12 days on and i have heard nothing. What should i do ? if i have to issue a judgment by default - what does this mean ? what is this process after this ?

Prem letter sent 26/2/2007:)

"bog Off" received 4/3/2007:mad:

LBA letter sent 9/3/2007:)

Money claim .com filed - 27/3/2007:)

Notice of issue received 29/3/2007

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up date -

 

Filed claim on line it was issued on the 28/3/2007. we are 12 days on and i have heard nothing. What should i do ? if i have to issue a judgment by default - what does this mean ? what is this process after this ?

 

Lloyds have 14 days from the date of issue to acknowledge - they then have 28 days from issue to file a defence so don't get too excited yet! IF they havn't filed a defence after the 28 days THEN you can issue a judgement.

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I have received an acknowledgment from [problem] - i understand that i now what for there defense - when do i get the AQ ? Also do i send [problem] a schedule of charges now ? if yes is there a standard covering letter on here ? thank you

Prem letter sent 26/2/2007:)

"bog Off" received 4/3/2007:mad:

LBA letter sent 9/3/2007:)

Money claim .com filed - 27/3/2007:)

Notice of issue received 29/3/2007

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