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    • Is there any point in revisiting the fact that the initial speculative invoice (which I never received anyway) was issued more than 14 days after the alleged incident anyway? Should that alone not merit the throwing out of the case to start with?
    • no cca = no pay ....end of. you should not have been running the sb date to infinity by paying debts no-one has enforceable paperwork for...might as well have burned the money for all the good its done you.   dx  
    • Despite the rapid start of vaccinating the population, the UK now has the 13th highest vaccination rate in Europe and the government has received criticism for the (lack of) speed of its booster program and the (lack of) availability of vaccines for 12-17 year olds.   - and falling - 11th not long ago   • Europe: COVID-19 vaccination rates by country | Statista WWW.STATISTA.COM Belgium, Ireland, and Portugal are among the European countries with the highest number of COVID-19 vaccine doses administered per 100 people.  
    • Just to be sure, you are suggesting that I adapt and use this text? ..... Grace Period: 45. Code 13 of IPC Code of Practice states: ‘13.2 Before a Parking Charge is issued Motorists must be allowed a Grace Period save and except when 13.3 is applicable. A Grace Period is a 10 minute period at the end of a Permitted Period of Parking. 13.3 A Grace Period is not required when the Permitted Period of Parking does not exceed 1 hour providing that the signage on the site makes it clear to the Motorist, in a prominent font, that no Grace Period applies on that land.’ Fifthly, I would ask the Claimant to provide evidence that the car remained in the car park for more than the ten minute Grace Period allowed by the IPC Code of Practice. The parking space became unpermitted at the moment the driver left the site, so then a ten minute Grace Period would apply. As the vehicle was there for no more than ten minutes, then according to the ICP’s Code of Practice, which the Claimants says they complied with at all material times, a PCN should not have been issued. Alternatively, the Claimant is invited to show the signage which makes it clear that no Grace Period applies. Planning Permission 46. Finally, the Claimant really emphasis their signage in their Witness Statement. In schedule 2 of their (expired) service agreement it says that ‘The Company will provide the following – 1. Supply 6 Vehicle Control Service v Claim Number: 16 x Enforcement Signs (MAXIMUM STAY 90 MINUTES WHILST SHOPPING IN THE STORES).’ I was only able to find 5 enforcement signs (Exhibit 15). This is another example of VCS not caring about legal obligations, this time within their own contracts. Regardless, I do not believe they have planning permission for these signs, which is a criminal offence under The Town and County Planning (Control of Advertisements) (England) Regulations 2007. I have requested proof of planning permission from VCS by means of a CPR request, but they have not replied. I have searched Hillingdon council planning portal and I cannot find planning permission for the signs. Whilst should mean a contract could not be formed between driver and the Claimant, as you cannot form a contract with illegality, I would like to use this as another example of how unbothered the Claimant is about the law and how they do not adhere to their own IPC Code of Practice as ‘Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses’ (Code 25.1 IPC Code of Practice). The Claimant does not care to adhere to Code of Practice they signed up to and generally do not care about keeping their legal affairs in order. I would consider that a blatant disregard for the rules and the law. 47. I have done some research into the Claimant and their court action. They have a pattern of behaviour whereby a VCS paralegal writes a Witness Statement, then mentions in the last paragraph they may be unable to attend court and then the paralegal never turns up to be crossexamined. In the event Ambreen Arshad is unable to attend court to be asked about her claims, then I would like to know why she is not able to attend when the hearing has been scheduled months in advance, is during working hours and as a result of covid, is online, so there is no travel involved. Mohammed Wali, the other paralegal employed by VCS, does exactly the same. Vehicle Control Service v Claim Number: 17 Additionally, I suspect the patrol officer will also have an aversion to explaining himself to the court. E. Double Recovery Legal Fees 48. The Claimant’s Particulars of Claim include £50 legal costs, yet in the letter dated 29th June 2021, the Claimant stated that they were no longer represented by Elms Legal and all further correspondence should be sent to the VCS in-house litigation department (Exhibit 16). I am not sure why the Claimant is asking the Defendant to contribute to their employee’s salary. 49. Furthermore, as per another letter dated 24th August 2021 (Exhibit 17), the Claimant wrote, ‘Should you fail to accept our offer of settlement then we will proceed to Trial and bring this letter to the Court’s attention upon question of costs in order seek further costs of £220 incurred in having to instruct a local Solicitor to attend the hearing in conjunction with the amount claimed on the Claim Form.’ I find this an extraordinary statement given the Claimant knows legal costs are capped at £50 in Small Claims Court. I cannot think of any reason why the Claimant would write this letter other than to intimidate the opposing party with the threat of an extortionate sum of money, hoping they would be able to take advantage of someone not knowing the Small Claims Court rules. Given that this letter came from the Claimant’s in-house litigation department, clearly well-versed in the law, I cannot see this as anything other than deceitful and disingenuous behaviour and I hope the court will not tolerate it. Vehicle Control Service v Claim Number: 18 Contractual costs / debt recovery charge 50. In addition to the £50 legal costs, the Claimant is seeking recovery of the original £100 parking charge plus an additional £60 which is described as ‘contractual costs and interest’ in the Particulars of Claim and as ‘debt recovery charge’ in the Claimant’s Witness Statement (para 31). No further justification or breakdown has been provided as required under Civil Procedure Rule 16.4. 51. In the event the court has somehow allowed Protection of Freedom Act to apply, then para 4(5) Schedule 4, Protection of Freedom Act, states, ‘the maximum sum which may be recovered from the keeper is the amount specified in the notice to keeper’ which in this case is £100. 52. In the more likely event that Protection of Freedom Act 2012 does not apply to this case, then the Claimant still must demonstrate how these alleged additional costs have been occurred otherwise it would appear to be an attempt at double recovery. 53. In previous parking charge cases, it has been found that the parking charge is a sum so high that it includes the cost of recovery. In the case the Claimant cited, Parking Eye Ltd v Beavis (2015) UKSC 67. It was held that the sum (£85) had already incorporated the costs of a private parking business model as it was inflated so as to comfortably cover all costs. The Supreme Court held that a parking firm which is not in [exclusive] possession cannot plead any part of their case in damages. The case provides precedent that £85 (or up to a Trade Body ceiling of £100 depending on the parking firm) covers the costs of the letters.
    • I deal some time with cash some time with card but i keep all recipts i put my money on  20 october  
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Carpboy v Barclays.


carpboy
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I think at this point, all your letters should be going to Churchill Place. That's where my non-compliance letter went, addressed to 'The Office of the Data Controller.'

 

Incidentally, it was sent 10 days ago, and there's no record of it being delivered yet.....!

 

:mad: :mad: :mad:

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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Thanks Darn3,will do .

Oneofakind...thank you as well.Is that 10 days the fault of the post office or Barclays at the receiving end not fwding to relevant dpt/personnel?

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It was recorded delivery, so it has to be down to Royal Mail.

 

I'll be starting a claim for my £1.04 back!!:p

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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Dammit! Does that mean I can't claim for the stamp, just 70p recording fee???

:D

 

Their time for reply on that particular letter is up, anyway (my SAR non-compliance LBA for older statements). I'll have to send another one....

 

:mad:

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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Whats the position if you have sent out an SAR,allowed more than 40 days,then sent DPA non compliance, allowed 10 days for a response received nothing and applied to the courts to get the Bank to comply.Obviousley youve incurred court costs etc ,and then lo and behold during your application via the courts your statements arrive.!Can you get the courts to stop proceedings and can you get back your costs.Thanks.

Carpboy

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Hi Carpboy. call the courts and tell them your statements have arrived. I am sure you can claim these costs back as costs you have incurred along with your £10 SAR fee, just make sure you have the receipts to prove the outlay

All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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Guest louis wu
Hi Carpboy. call the courts and tell them your statements have arrived. I am sure you can claim these costs back as costs you have incurred along with your £10 S.A.R - (Subject Access Request) fee, just make sure you have the receipts to prove the outlay

 

Agreed, although the £10 Sar is never put on any paperwork, or is it part of your claim.

 

I think I would be inclined to call your bank, and ask for a refund of the court costs. Should they refuse, I would add it to your claim, and include it in all paperwork. The chances of going to court are negligable, so it should just make part of the full settlement they offer you at a later date.

 

Louis

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Guest ChloeJane

Hi,

 

It is good that you have received them, however to have been forced to take the action that you did for their non compliance it has taken you time and effort to file and costs for lodgement.

 

When you are sending your first letter of request for monies back you need to include these costs and I would claim for your time as you can under the data protection act, claim for costs incurred for non compliance by a company is your right and there is provision this.

 

Insert this bit in your first letter when you request your fees back.

 

the template letter when you have worked out your figures now you have your statements is here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

Under the section your responsabilities section I would add:

 

Failed data request

 

Furthermore I draw your attention to your failed responsability under the Data Protection Act to have supplied me with the information that legally I was entitled to.

 

A formal request under Section 7 of the Data Protection Act was made on xxxx, a second letter of non compliance was sent on xxxx. On both occassions you failed to supply my information which forced me to file in court and incur charges of £xx.xx and my time, 2 hours @ £9.25 as a Litigant in person to rightfully charge for your failure to comply under the act.

 

** Then under the section of what I require add where it states the amounts and total.-

 

In addition and inclusive of the Failed Compliance to the Subject Access request a total of £xxxxx which is total amount of £xxxx

 

(add the amounts calculated plus the costs for filing and £18.50 and form new total).

 

Then proceed with the rest of the letter.

 

Good luck.

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  • 4 weeks later...

Once youve exhausted the preliminary ,Lba letters etc and go onto the court stage,is it better to go through MCOL or popin person to your local court.If you do the latter is it advisable to take any copys of letters ,cash etc to them on this ist visit.?Oh, and who do you have to see to make an application to the courts.Thanks everyone.:???:

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its a personal choice as to whether you mcol or use local court. With Mcol you have very limited space to give details of your claim and I therefore use the local court. Have a look at the FAQ section which explains how to complete the forms - you dont have to actually go in to the court everything can be posted.

 

good luck.

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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If you have a choice, it is always preferable to file using N1 at your local court. The two main disadvantages with MCOL are that your Particulars of Claim are limited to just 1080 characters with a maximum of 24 lines and you cannot attach the schedule of charges to your claim.

 

Both these drawbacks can create problems later on. The banks use these limitations of MCOL to assert, with some justification, that the claim has not been fully particularised.

 

Therefore I would strongly advise you to file at your local court. It will be transferred here eventually anyway.

 

You can download N1 here:

N1 Claims form in .PDF format with form filling

and POC's for the N1 here:

4. Particulars of claim - N1 - hard copy version

 

If you are on benefits, you may be eligible for exemption from court fees.

You can only apply for this at your local court using form Ex160.

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Guest ChloeJane

Hi there,

 

If you ask me, PERSONALLY I will always say the N1 is the way to go.

 

If you are entitled to fee exemption - or remission you can file the form at the same time of filing the N1.

 

So where is your local court? - click here to find out

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

Most courts have a specific area of the court to file - so when you get to the court it is a good idea to familiarise yourself of where you are and feel confident so ask when you get there where to file.

 

You do not take anything but 3 copies of your N1 ( a link below to help is a template version to copy) and your schedule of charges - which is your charges broken down into date, amount and type.

 

Links below will give you more to read up on so you can make choices.

 

INFORMATION ON FILING IN COURT

Fees

You can apply for an exemption through the court when you file your claim so it is worth a read and if in hardship, worth applying.

 

http://www.hmcourts-service.gov.uk/H...fl ets_id=172

 

 

Money claim online - OFFERS NO FEE EXEMPTION

5. Money Claim On-Line (MCOL) Particulars of Claim

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html

N1 at your local court. Preferred - fee exemption allowed.

4. Particulars of claim - N1 - hard copy version

 

Any questions, post back - hope this helps,

 

CJ

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If you have a choice, it is always preferable to file using N1 at your local court. The two main disadvantages with MCOL are that your Particulars of Claim are limited to just 1080 characters with a maximum of 24 lines and you cannot attach the schedule of charges to your claim.

 

Both these drawbacks can create problems later on. The banks use these limitations of MCOL to assert, with some justification, that the claim has not been fully particularised.

 

Therefore I would strongly advise you to file at your local court. It will be transferred here eventually anyway.

 

You can download N1 here:

N1 Claims form in .PDF format with form filling

and POC's for the N1 here:

4. Particulars of claim - N1 - hard copy version

 

If you are on benefits, you may be eligible for exemption from court fees.

You can only apply for this at your local court using form Ex160.

Great minds think alike albeit you win hands down on comprehensiveness !

All comments are my personal views - if in doubt then seek professional advice. If you think i've helped then please tip my scales.

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Thanks chaps and chap ets.Will certainley be going down the local/n1 route.Sounds a lot more thorough and in depth.Im only doing this once so dont want to get caught out at the later stages etc as descibed.Thanks again.Will post my progress on the Barclays thread once we get moving.

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  • 4 weeks later...
  • 3 weeks later...

12 threads merged. Please keep all your progress on one thread.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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When completing form N1 ,in the box on right hand side of page where it says "court fees" would you add "allocation fees" (£100.00)as well as the normal fees? Not sure when youd get notice of allocation etc and i know that even if this doesnt take place and gets dispensed with the fee is still payable.

Confused!!:(

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No, allocation is added later if required. Should the court dispense with the AQ and your claim is over £1500 you will need to confirm the AQ fee is payable.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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no.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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