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    • Hobnail you don't know Elms too well yet. I am surprised that they got as close as they did to adding up to 30. I think the poor dears get confused because most other letters they send out are to give 28 days notice. They even  have difficulty with their two times table and often consult with the char lady to confirm that 2 plus 2 equals 4.  Just act on the notion that they are total numpties and you won't be far out.
    • To carry on from the above post it may be helpful to go through their WS using their numbers. 9] motorists do NOT accept the contract when entering the land. First they have to read it and understand it and then they realise that a] "No stopping" is prohibitive and cannot offer a contract. b] the signs around the bus stop do not mention who issued the No Stopping signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and the creditor be identified.  10]There is no mention of £100 charge for breaching the No stopping request or if there is it is far too small to read even for a pedestrian. 11] no matter how often VCS say it, it is NOT a contractual clause   22]" the claimant has given the Defendant its contractual licence to enter the site". No it hasn't. This is a road leading to the airport. All sorts of people are going to the airport-travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers, buses. It is absolutely ridiculous to attribute VCS wth any sort of permissions. The land owners yes, but not VCS . There can be no sort of analogy between a car park and a major thoroughfare where VCS have no place as it is not relevant land.   23] there can be no contract as there is no offer only a prohibition. And it is not relevant land no matter how Mr Walli attempts to prove otherwise. 25] VCS may have won a few times but none quoted was on an airport covered by the RTA and its own Byelaws. They also have lost more cases than they have won using their prohibitive signs. 26] First one has to consider if there is a contract. Is it relevant land? No. Does a valid contract exist betweer VCS and Peel? NO.  27] the signage at the bus stop may show the conditions ie  no stopping, and restricted zone but not the terms ie is there a charge for stopping and who is the creditor. The last section of the sign is illegible  29] already stated that a WS between VCS and peel is not a valid document 31] it will need more than the Claimants feather to outweigh the case against the Defendant no matter who was driving. 32] there is no law of agency involved. This is not a case of employer/employedd relationship. VCS are muddying the waters because they have no way of transferring the driver's liability to the keeper 33] this a red herring. There is no list of highways at all  on the Highways act 1980 so this is a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. 34] there ican be no comparison between a railway station and an airport. Totally fatuous analogy.  35] yes the landowners can bring in their own terms but what the cannot do is overrule Byelaws and the Road Traffic Act. 39] surely the paralegal cannot be that ignorant of PoFA. If Bye Laws are involved then the bus stop is not relevant land and so the specious argument about FGW is rubbish   36] what on earth is he talking about with Permits. There is no mention of permits on the signage and even if there were  would it mean that Permit holders were allowed to stop on No Stopping roads? There are enough examples on CAG to counter act their idiocy on continuing charging the extra £60   46] VCS had NO reasonable cause to apply to the DVLA for the Defendants details. No valid  contract with the landowners No stopping is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for a motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP so not valid the WS contract does not appear to authorise VCS to pursue motorists to Court Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   48] what is this guy on? You weren't in a car park you were on a bus stop 59] this case is totally without merit. I am not surprised that the paralegal will not be turning up. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. Could have been said in at least half the time without the repetition and trying to make a case where none was there. One particularly bad example of misdirection was in the photographs. The Clearway sign shown near the bus stop is very unclear  unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.      
    • just type no need to keep hitting quote...   your defence doesnt need any return of docs.. carefully read what has been posted here and in the other threads i pointed to in your old thread merged here too.   redwood/harwood or STA or brachers.   just use our enhanced google search box.   uni fees is useful too.   this guy is just in front of you    
    • Tech firm CEO Jeff Lawson warns bosses not to make hasty judgements about their employees.View the full article
    • I have just spent last few hours registering and signing up and filling in all the details.   Below is a POC I have drafted.   The defendant is a parcel delivery company DPD (UK) LIMITED On 09/08/2021 the defendant agreed to deliver the claimant's parcel containing a PlayStation 5 Disc Version value £530, to an address in the UK. The delivery fee of £7.79 was paid by the claimant. Parcel tracking number: ???????? Parcel reference no: ????????? The defendant failed to deliver the parcel and have reported it as lost on 20/08/2021. The defendant refuses to refund the full value of the item and the delivery fee. The claimant seeks £530 being the value of the item, £7.79 delivery cost and legal fees.        (Sorry for being stupid but this POC is supposed to go where it says    " Claim details Why you believe you’re owed the money: " right? Reason why I'm asking is because I don't see anywhere it specifically says what are your particulars of claim)   Tomorrow being the 15th day, I will be ready to click it off (assuming the POC is ok)    I have read a few more hermes/packlink etc stories where they were resolved and gives me hope I will regain my lost money.  Will carry on reading up as much as I can.  
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My claim is to be struck out , help!! Don't know what to do...


gav6280
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With the help of this forum i have as far as i know done everything exactly by the book. But today i have fallen off my horse.

 

I recived a letter from my county court stating that (and i quote):

 

IT IS ORDERED THAT

 

1. Unless the defendant files at court a allocation questionnaire by 4pm on or before 25th april 2007 the defence (and part 20) shall be struck out.

 

2. The claim is stayed on the grounds that the claimntsstatment of case discloses inadequate particulars of claim. Unless by 4pm on 25th April 2007 the claimant serves a further statment of case that sets out the full particularsof the claim, the claim will stand struck out.

 

 

 

 

Ok, now im very worried.

 

1. What dose all this mean?

 

2. What else do they need to know - did i miss some thing? I need some help working out what i missed and what to include in a new particulars or statment whatever, very confused.

 

 

The particulars of my claim exactly as i put it on the origianl claim form.

 

The claimant hold's the accounts xx-xx-xx xxxxxxxx / 81224476 with the defendant, conducted on thier standard terms and conditions since 1993,. The defendant from 09/11/01 to 30/05/06 has applied charges to the claimaints accounts totaling £841.50. The defendants charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrcoverable at common law. The precedent for this was Murray v. Leisure play (2005) EWCA Civ 963. Also the defendants charges are contray to the unfair terms and conditions in consumer contracts regulations 1999. Para.8 ans sch.2(1)(e). The claimant has asked the bank to refund the charges or offer that they are a true pre-etimate. The claimant claims no more than £841.50., being the sum unlawfuly debited. The claimant also claims interst under section 89 of the county courts act 1984 at the rate 0f 8% a year from 09/11/01 to 30/05/06 of £188.58.

 

 

 

Still with me, please give me your thoyghts or that's it it's all over and the Man wins!! Help me stick it to the Man...

 

Please excuse the spelling mistakes, i can assure there were none in the important documents because 3 diffrent people checked em. Just tend to type to fast....

 

Thanks..

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Don't worry you are the "claimant" hsbc is the defendant it is they that might be struck out :-)

 

The question on your side is did you send your schedule of charges to the court and DG?

 

Will just read your POC in detail to see what else could be wrong

  • Haha 1

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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yep just had a look at that, looks very good. Woh ever wrote, what a top bloke.

 

Do you think that will be sufficant for them, can't really think of anything else they would need to know?

 

If it isn't i dont expect they would tell you right? Probably just strike it out. Not many other people seem to have had this sort of problem this far in?

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The claimant hold's the accounts xx-xx-xx xxxxxxxx / 81224476 with the defendant, conducted on thier standard terms and conditions since 1993,. The defendant from 09/11/01 to 30/05/06 has applied charges to the claimaints accounts totaling £841.50. The defendants charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrcoverable at common law. The precedent for this was Murray v. Leisure play (2005) EWCA Civ 963. Also the defendants charges are contray to the unfair terms and conditions in consumer contracts regulations 1999. Para.8 ans sch.2(1)(e). The claimant has asked the bank to refund the charges or offer that they are a true pre-etimate. The claimant claims no more than £841.50., being the sum unlawfuly debited. The claimant also claims interst under section 89 of the county courts act 1984 at the rate 0f 8% a year from 09/11/01 to 30/05/06 of £188.58.

 

I think Michael has a great solution to your problem there are a couple of issues with your POC as I see it. 1) You describe the penalties and unenforceable when in actual fact they are unfair. 2) You don't make mention of the charges being levied as not a true reflection of the administration cost to the bank.

 

If you return something very similar to the one in the link from Michael I don't think you will have a problem. Return it early and call the court to find out if it is acceptable. Chin up :)

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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Ok got a draft "Statment of case" as ordered by the judge, just getting it proofed by someone else, then i will put the main body of it up to see what you think?

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