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    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
    • Hi,   I am not sure if I posted this already here but I don't think I did. I attach a judgement that raises very interesting points IMO. Essentially EVRi did their usual non attendance that we normally see, however the judge (for the first time I've seen in these threads) dismissed the notice and awarded me judgement by default because their notice misses the "confirmation of compliance" paragraph. in and out in 3 minutes (aside from the chat at the end with the judge about his problems with evri) Redacted - evri CPR loss.pdf
    • Just to update this. I did apply to strikeout and they did not attend the hearing. I won by defualt and the hearing lasted 5 minutes (court only allocated 15). The judge simply explained that the only matter he was really considering is if the Defendant could have any oral evidence to defend the claim. However he said he had decided that based on their defence, and their misunderstanding of law, and their non attendence he did not think they had any reasonsable chance so he awarded me SJ + Costs on the claim form + the strikeout fee. Luckily when I sent the defendant the order I woke up the next day to a wire trasnfer for the full sum of the judgement
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yoshi vs Hsbc what do I do next...help


yoshi
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So to date i've tryed to ring DG a total of 14 times leaving 2 messages a day on Rachel's answer phone. (she's never at her desk:confused: ).

Also sent 2 emails; a copy of my breakdown of charges & another copy of my nudging letter.

 

And finally today after leaving a rather curt message (not rude or pushy but to the point) finally, someone rang me back:eek: .

To my surprise they were polite and apolagetic and basically said, look we are snowed under and are not dragging this out for fun. Please bare with us and we'll be in touch soon. He did confirm that he had got all my documents and that "hopefully" I should'nt have to wait too long.

Something he did say of interest, was that "yes" they use to drag out cases to test peoples resolve but now the delays in responses was down to DG struggling under the pure weight of claims. Also he claimed that chasing up your claim use to make a difference but now "you've got to wait in line"

He did say that they might not get back to me in time wth the court cut off date, and asked if the court had sent me a AQ (which they have not).

 

Should i keep my fingers crossed and hope my calls and emails just may of nudged things on a bit (despite the fact hes says this does not happen).

Or should I contact the court and ask for a AQ, (just in case)?

 

Yoshi:rolleyes:

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So to date i've tryed to ring DG a total of 14 times leaving 2 messages a day on Rachel's answer phone. (she's never at her desk:confused: ).

Also sent 2 emails; a copy of my breakdown of charges & another copy of my nudging letter.

 

And finally today after leaving a rather curt message (not rude or pushy but to the point) finally, someone rang me back:eek: .

To my surprise they were polite and apolagetic and basically said, look we are snowed under and are not dragging this out for fun. Please bare with us and we'll be in touch soon. He did confirm that he had got all my documents and that "hopefully" I should'nt have to wait too long.

Something he did say of interest, was that "yes" they use to drag out cases to test peoples resolve but now the delays in responses was down to DG struggling under the pure weight of claims. Also he claimed that chasing up your claim use to make a difference but now "you've got to wait in line"

He did say that they might not get back to me in time wth the court cut off date, and asked if the court had sent me a AQ (which they have not).

 

Should i keep my fingers crossed and hope my calls and emails just may of nudged things on a bit (despite the fact hes says this does not happen).

Or should I contact the court and ask for a AQ, (just in case)?

 

Yoshi:rolleyes:

An intresting post that confirms my understanding of what's going on in DG, although I do think there is still some delaying going on, they are masters at it!

An accasional letter or call will do the trick, loads and loads of calls will just clog them up further.

Although your caller seemed quite reasonable, the best way of clearing the backlog would be to a) pay out right away, and b) not charge in the first place!

I think your offer is not too far away.

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you see??? i'm beginning to think that every couple of thousand cases, it wouldn't be a bad thing to start the 'bombardment' thing again.... dunno?!??!?!

 

i just know it worked for me

If i've been helpful in any way....then tip my scales over there!

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To my surprise they were polite and apolagetic and basically said, look we are snowed under and are not dragging this out for fun. Please bare with us and we'll be in touch soon. He did confirm that he had got all my documents and that "hopefully" I should'nt have to wait too long.

Something he did say of interest, was that "yes" they use to drag out cases to test peoples resolve but now the delays in responses was down to DG struggling under the pure weight of claims. Also he claimed that chasing up your claim use to make a difference but now "you've got to wait in line"

I would argue this is a good reason NOT to bombard them... its counter productive. A letter every so often does some good I think.
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well, bombard was an exageration (i seem to have lost all ability to spell), a nudge every 10 days is my current advice to all and sundry - i don't think i could really be accused of bombarding them.

excellent advice it is too. :-D

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it's only because i pass dg's door so often... feel the need to 'gee em up' a bit....

 

and i'm not even dealing with them at the mo lol

If i've been helpful in any way....then tip my scales over there!

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Back to Yoshi, People who get the mediation directions (second direction yoshi, yes?) need to bombard DG (see also Tom's thread http://www.consumeractiongroup.co.uk/forum/hsbc-bank/62692-gimmie-my-money-hsbc.html she’s written it out in full), not everyone, just people with these directions.

 

The District Judge has given directions so you have to make an effort to resolve your claim and on paper you can produce if its needed (email will be fine too) with phone calls backing it up too.

 

If DG wont deal with you once the DJ has issued these directions its up to the DJ to make them or strike out the defence.

 

pete

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  • 2 weeks later...

Right, since my last post I have heard nothing at all from DG :evil:, the problem is that my letter from the local court says that;

 

On or before May 17th 2007 one of the following steps must be taken:

Either

the claimant must notify the court that the claim has been settled (well that does not seem to be likely!)

Or

the claiment or defendant must write to the court requesting an extension of stay period, explaining the steps being taken towards settlement and identfying any mediator, expert,or other person helping with the process. The letter should confirm the agrrement of all parties. (and i really don't want to let them drag this out any longer)

or

all parties must file a completed allocation questionnaire at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed AQ. The list must be agreed with the other parties and must indicate that it has been agreed. (with time running out and me wanting to comply with the courts wishes should I fill out a AQ? It's Just that the court has asked for an AQ with a list of issues in dispute where some form of settlement has been reached & we have not reached any agreement.....so what do i do?)

 

I don't want to panic but I've done my bit and I'm still no further forward, and now I have a dead line which I feel I should be doing something about....but what should I do?

 

Help:eek:

 

Thanks

Yoshi

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i think yes, the aq route,

 

so, here's the aq info as it was earlier:

 

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

you can get the n149 or n150 in the library - the blank form if you need it (the aq).

 

also, i've noticed in garyh signature (he's a moderator) the strick out application at the aq stage - and i think it may be worth a pm to him to ask if this is a good approach for you to take. tell him you are with hsbc as this advice was originally intended for abbey customers - send him a link to your thread and he will tell you what you should do for best.

 

 

 

also, keep sending nudge letters to dg with a breakdown -

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Once again thanks Lats for your welcome advice, being thick where am I going to get a AQ from. (Its just that with work being mega hectic I'm pushed for time during the day). I now only have a week:eek: so I've got to get something sorted over the weekend for Posting on Monday.

 

Cheers

 

Yoshi;)

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Form N149

 

An online PDF version of the form is HERE

 

 

AND

 

Notes for completing a small claims track allocation questionnaire - Form N150

 

An online PDF version of the form is HERE

 

they are both in the link i gave you above.

if your claim is for under 5k - use the 149 and if it is over use the 150

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Thanks Pete n Lats

 

The N149 left today with the draft order of directions, 1 copy to the court and 1 to DG.

 

Can any one shed some light on whats next as I see in the "draft order of directions" there is a 14 day deadline:???: :???: :???: . What should I expect or what should I be prepairing?

 

Ps Despite the news yesterday I've decided to carry on regardless, although it even nearly stopped me continuing with my claim:eek:. I think the lesson is "be prepaired".

 

cheers

 

Yoshi

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Ok Lats will start nudging DG again, thanks:wink:

 

I will have a look in my old pile of HSBC docs and see if I have any T&C's....will keep you posted.

 

Yoshi8)

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  • 4 weeks later...

Finally at last got a hearing date (on the small claims track) for July the 20th. It says that the hearing should take no longer than 5 mins (is that a good thing or bad?:eek: ).

 

I says that I have to deliver to the "other parties" copies of all the documents (including experts reports) on which i intend to rely at the hearing no later than 14 days before the hearing.

 

So to try & put into basic terms do i need to get my court bundle together with copies of all my paper work relating to my claim. Do 2 copies 1 for DG & 1 for the court?

Also is ther any other paperwork recommended since that guy lost to LLoyds?

 

Sorry for all the questions but now I've got to this stage i don't want to screw up my claim by not being prepared.

 

All advice welcome.........Thanks

 

Yoshi

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