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    • Laura, I was surprised that the Director said that you hadn't appealed twice. I thought that the letter you posted on 24th June was the second appeal and that was to the IAS. And they did say that there was no further appeal possible. Could you please explain how many times you appealed. I am going to read your WS now. PS  Yes I meant to say that the keeper did not have a licence therefore it was wrong of them to assume he was the driver and the keeper. Thanks for picking that up.
    • In answer to your questions yes even though it wasn't called that, it was the NTK. Had it been a windscreen ticket you would not have received the NTK until 28 days had elapsed. In earlier times if the warden was present then a windscreen ticket would have been issued. It nows seems that the DVLA and the Courts don't see a problem  with not issuing a ticket when a warden is on site. A period of parking must mean that ther e has to be a start time and a finish time in order for it to be considered a period. A single time does not constitute a period. I am not sure what you mean by saying it could be taken either way.  All they have mentioned is  the incident time which is insufficient. There are times on the photos about one minute apart which do not qualify as the parking period because they are not on the PCN itself. The reason I asked if the were any more photos is that you should be allowed 5 minutes Consideration period for you to read the signs and decide whether you want to accept them and you do that by staying longer than 5 minutes. if  more  do not have photos of your staying there for more than 5 minutes they are stuffed. You cannot say that you left within the 5 minute period if you didn't , but you can ask them, should it get to Court , to provide strict proof that you stayed longer than the statutory time. If they can't do that, case over.
    • I recently bought some trainers from Sports Direct and was unhappy with them and their extortionate delivery and return postage charges. I tweeted about being unhappy, and received a reply from someone claiming to be from Sports Direct asking me to send my order number and email address by pm, so a claim could be raised. Which I (stupidly) did. The account used Sports Direct's name and branding, and a blue tick.  The following day I received a call from "Sports Direct Customer Service", and with a Kenyan number. They asked for details of the issue, and then sent me an email with a request to install an app called Remitly. They provided me with a password to access the app then I saw that it had been setup for me to transfer £100, and I was asked to enter my credit card number so they could "refund" me. I told them I was uncomfortable with this (to say the least), and was just told to ring them back when I did feel comfortable doing it. Ain't never gonna happen.  I just checked my X account, and the account that sent the message asking for my details is gone. I feel like a complete idiot falling for what was a clear scam. But at least I realised before any real damage was done. if you make a complaint about a company on social media, and you get a reply from someone claiming to be from that company and asking for personal details, tread very carefully.   
    • The good news is that their PCN does not comply with the Protection of Freedoms Act 2012  Schedule 4.. First under Section 9 (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; The PCN does not specify the parking period. AS you rightly say the ANPR times do not include driving to the parking space and then from there back to the exit. And once you include getting children in and out of cars especially if seat belts are involved the time spent parked can be a fair bit less than the ANPR times but still probably nowhere near the time you spent. But that doesn't matter -it's the fact that they failed to comply. Also they failed to ask the keeper to pay the charge.  Their failure means that they cannot now transfer the charge from the diver to the keeper . Only the driver is now liable. As long as UKPA do not know who was driving it will be difficult for them to win in Court as the Courts do not accept that the driver and the keeper are the same person. Particularly as anyone can drive any car if they have the correct insurance. It might be able to get more reasons to contest the PCN if you could get some photos of the signs. both at the entrance and inside the car park. the photos need to be legible and if there are signs that say different things from others that would also be a help.
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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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