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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Although, any individual in a similar position should decide for themselves what they think is an appropriate course of action. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Paintball vs Barclaycard ***WON***


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Hi Painty,

 

Any chance of a helping hand!

 

I am after the CCard CCI spreadsheet - can you email me one. I seem to remember you have it hidden away up north!

 

Thanks in advance

 

Peter

you should have my email addy

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Peter, if they don't work for you, I have google spreadies saved (2, 5 and 13) but don't know how we can share them in such a way as you can save one to your own Google account and use it ...:rolleyes:

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Received letter from Barclays in reference to my claim for return of charges on Barclaycard closed a/c in which they state:

 

"You should be aware that the bank will immediately apply to the Court for an order to stay your action until the resolution of the bank's proceedings with the OFT. As a result your case is likely to be put on hold [...]"

 

Having telephoned the Court today for update I've learned that the date by which Barclays should have filed thier defence was 29 August. I was told that they have filed their defence on Friday 31 August, although I haven't yet received a copy. It would appear that my case has not been stayed, if it had the court officer would have said so ...:rolleyes:

 

So now I'm waiting for a copy of the defence in order to prepare my response and also waiting for hearing date from the Court.

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Rang court again. on Friday 7 Sept. Judge had set my claim aside as he thinks it should be stayed! Explained diff between "bank overdraft charges" test case and what I am requesting, return of "credit card penalty fees". Ahhh, I see!!!

 

Letter prepared and taken to court same day setting out the different case law and how they judge may proceed with this.

 

La la la, waiting ...:rolleyes:

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  • 3 weeks later...

Hi Paintball

 

I did not even have a court date, just a stay by the local court and they settled with me and paid it by BACS as well.

 

Good Luck

All advice given is without any liability and has been picked up from my own experiences.

Never give up hope - Life is to short.

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Hmmm, no response :rolleyes: I'll give them a call tomorrow, remind them that they're in breach of Civil Procedure Rules (not supplying documents requested), also remind them of the escalating costs of my piddly ickle claim ... they could just do the reasonable thing and settle ...:p

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Hmmm, movement in the B/card forum seems to be concentrated in the Stay Removal thread ...:rolleyes:

 

Anyway, here's my update: emailed Katherine Ashton who did not even have the courtesy to reply. Emailed Greg Thomas who replied straight away and had the temerity to tell me that they will settle at 8% interest... like Barclaycard get to decide the interest paid out!

 

Declined 8%, told him I'm pursuing the interest APPLIED to the charges and expressed astonishment that they consider it financialy justifiable to continue with such a piddly claim; it's cost them FAR IN EXCESS of the amount I'm claiming!!

 

Told them I expect their Skeleton Argument for the Stay Removal Hearing 7 days before the hearing, in accordance with Civil Procedure Rules, they will have mine in good time and also requested, for the FIFTH time, relevant documents also in accordance with CPR.

 

Good grief, they are the sketchiest people I've ever dealt with, to quote that bird from BB8 ...;)

 

Painty x x

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Mr Thomas sent me an email in reply to my response saying that Barclays agree to the charges and court fees, but not the interest. He said that the stay should NOT have been applied (HE requested it as per his letter of 30 Aug)!!

 

Said he would prepare, without prejudice, a Consent Order for the court so that the stay can be lifted without a hearing stating that:

 

May I reiterate that we do not oppose the stay being lifted as your claim if for credit card charges and therefore not affected by the test case.

My response was: Barclays do not dictate to the courts the rate of interest applied, as they wanted a stay in the first place then they can contact the court to have it removed so that we may proceed to a hearing for the only sunstantive issue outstanding i.e. the compound contractual interest.

Hmm, hmm ... preparing my hearing stuff anyway and waiting for his response. :rolleyes:

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The court inform me that Mr Thomas wrote to them stating that they had no objection to the stay being removed and the case proceeding to a court hearing. They also stated that they will NOT be attending the Stay Removal Hearing; the arrogance of these people is astonishing!

 

I replied that I WILL be attending the hearing on 7 Nov ... :rolleyes:

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Hi Paintball - what a nightmare, you will get there in the end.

 

Re the stay removal hearing you must attend as otherwise the case may be struck out if neither party turns up. I was reading on here today about someone that had happened to

 

Hopefully they will pay up beforehand...

 

LS

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Thanks LS, I wouldn't dream of not turning up ... I'm looking forward to a very one-sided conversation with the judge. Imagine it my dear, he and I could pretend that B/card were actually there and take turns in being them. I could get them to say all sorts like, "Yeah, we are wasting the courts and Ms Painty's time and will compensate generously" :D LOL

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  • 3 weeks later...

Well, here's a thing: I received a 'phone call from the delightful Mr Thomas this evening and whilst I would normally NEVER speak to these people, I was curious to hear what the spotty oik had to say.

 

Well, he began by telling me a pitiful tale of a letter that he sent to my local court telling the disctrict judge that Bcard had no objection to the stay being removed (very magnanimous you must agree!) which, to his disappointment today from contacting the court, he has discovered will NOT be presented to the judge. What is the judge thinking of, not jumping when Bcard tells him to?... I pointed out to the eager young rip that HE was the one who had sent me a letter informing me that he would be requesting a stay be applied. He apologised for this ... ha! a complete volte face :o

 

But 'tis too late, as we now have a Stay Removal Hearing on 7 Nov and Bcard do not seem to want to attend. I said that I was not surprised by this as it would cost them more to attend the hearing than the amount I am claiming! (it wouldn't keep me in cat food). I also reminded him that Bcard have not yet complied with my CPR request and sent relevant documents despite FIVE written reminders. Hmmm, poor Mr Thomas was forced to admit that he had no "record of such a request":eek: What stunning efficiency!

 

Now here's the rub folks and thanks for your patience; Mr T is preparing a letter that will go to the court in which he says that he is not disputing the charges and costs but that we are "in agreement" that the only remaining issue is the interest and that there is no need for a stay hearing. Well there you are then, Bcard decide one thing one minute and the change their mind the next ... and the court should JUMP when instructed.

 

After much back and forth I eventually got bored I must confess, and said that I will be respecting the authority of the judge and attending the hearing. I told Mr T that if he wishes to send a letter to the judge that is his decision and I am not a part of it as they do not speak for me, I can do that for myself at the hearing, thanks. Told him that he'll be receiving my Skeleton Argument shortly and it will be sent to the judge too.

 

Well ...

What will happen next? Will Bcard attend the hearing? Will the judge remove the stay and allow Ms Painty to procede to a full court hearing?

 

Tune in next week for the next exciting instalment of ...

Paintball vs Barclaycard

 

;)

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well done painty....you go girl

 

p.s. why do you eat cat food?

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Just gone to the Court to submit my Court Bundle ahead of the stay removal hearing on 7 Nov. B/card have sent another fax this morning asking for the stay to be removed and asked court lady tp put it in front of the judge. She said she'll do that but it's not normal procedure. I told her that I don't agree to their approach and am attneding the hearing.

 

Sharklaycard are desperate to get me into the courtroom, presumably so that they can decimate me over the issue of CCI ... stand firm girl :rolleyes:

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