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    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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doompixie ~v~ Lloyds TSB ****WON!****


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Does anyone have a template letter for getting my account activity suspended whilst claiming? I have an overdraft reduced by £50 a month and I'd like to stop paying this until the claim is over (by which there should be no overdraft to pay off).

 

I'm not great at writing letters and am a bit stuck as to what exactly I should be saying :???:

 

Any help appreciated, thanks

 

~ Tilli

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i dont think you can do this

other than asking them directly

should be done in less than 2 months normally anyway

if you already know the figure you wish to claim

it should be done in a month if your lucky

 

dx100uk:D

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Someone told me I could contact the collections department and tell them that the account is in dispute. I'm very low on cash this month and don't think I can afford to pay it in any case. They took almost £100 from me in charges and interest at the start of this month and it's really screwed me over trying to keep up with their payments.

 

Another question though: during the claim against them can I request that further pending charges (i.e. ones that have been incurred and are about to be taken) be removed?

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When filing your claim use this name and address:

Lloyds TSB Bank Plc

25 Gresham Street

London

EC2V 7HN

 

Try and stick to one thread please.

 

In case you are not aware when you file using MCOL send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

If I have been helpful please click on my star and add a comment.

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My earnings are not paid into my Lloyds account, but if I do not keep up payments it will just incurr more charges. I'm trying to avoid this as I'd rather not go through a second claim to resolve it.

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I'm due to initiate my claim via moneyclaim on the 29th march. I've recently recieved a letter saying I have £65 of charges to pay on april 2nd. Can I add these charges to my claim before they've been taken? If not, should I wait until they have to start my claim, or ignore them and perhaps start a new claim afterwards?

 

Thanks

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according to what i have read on other threads, you can add new charges till you file your court claim just make sure the court/bank get copies as normal.

 

dx100uk;)

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Prelim sent, standard fob off recieved, LBA sent, no reply, filed with MCOL last night :)

Just waiting for a working printer so I can send my schedule of charges to MCOL...

I'm sure someone said to me I should send 2 copies in, is this right? Also, by what time should I get it in by? Obviously I'm trying to get it done asap, but it'd be nice to know the deadline.

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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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  • 2 weeks later...
  • 3 weeks later...

Recieved Notice of Transfer of Proceedings. They are dispensing with AQ.

The defence is attached but nowt else, just wanted to check that I don't actually need to do anything yet? i.e. send stuff?

Also, will there be a fee? My claim is just under £900. All I've seen mentioned is a £100 fee for claims over £1500 so not too clear on this.

 

Thanks :D

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Guest ChloeJane

Hi Doompixie,

 

Yes it is for claims over £1,500 that have to pay the £100.

 

SO NO FEE FOR YOU!

 

There is little you can do now as the matter will be transferred to your local court. It is then that they decide if the AQ is to be used or not.

 

MCOL do no allocate one and leave it to the discression of your local court.

 

Nothing more now till you hear from the court and a good link is here

 

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

 

Now maybe read up on bundles to prepare. A link is here.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

And...maybe this one! Just to cause overload...?

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

Happy reading,

 

CJ

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What is it that ensures you agree to the T&C's? I assumed it was a signature, but my account was opened when I was 13, so junior account rules applied (impossible to go overdrawn and therefore impossible to cause charges). Since then I don't recall signing anything. When I turned 19 they automatically sent me a new card and pin, and a note saying they had upgraded my account to a current account. I really don't remember sending anything back or agreeing to anything new, in fact I knew nothing about charges until they started adding them to my account :confused:

Does the fact that I used the account mean I agreed to the T&Cs?

 

I asked my mother if she still has the paperwork from when my account was opened, but no luck yet.

 

Not really sure if I plan to do anything with these musings, but even so, I'm curious.

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"If you do use your card to create an overdraft we have not agreed or to exceed an agreed limit, you will have broken the terms of the Account"

 

Thats about the only relevant thing I can find on there, not sure if it will help

 

Edit: also found some credit card T&C's. "We will charge you blahblahblah. We will also charge reasonable costs and expenses resulting from you breaking these conditions." yeh, right :rolleyes:

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Hi Doompixie.

 

Do you have access to a scanner?

Could you send them to me by PM, please. They would be most useful.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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*attempting scanning now* the writing is tiny so not sure how clear this is going to be. However I would be able to send hard copies if neccessary.

Also, I'm not sure how/if I can attach files in a pm?

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