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    • The incident was 03rd March 2024 - and that was the only letter that I have received from MET 15th April 2024 The charge I paid was at the Stansted Airport exit gate (No real relevance now - I thought this charge was for that!!).   Here is the content of email to them (Yes I know I said I was the driver !!!!) as said above -  I thought this charge was for that!! "Stansted Airport" Dear “To whom it may concern” My name is ??  PCN:  ?? Veh Reg: Date of Incident: 03rd March 2024 I have just received a parking charge final reminder letter, dated 10th April 2024 - for an overstay.  This is the first to my knowledge of any overstay. I am aware that I am out of the 28 days, I don’t mean to be rude, this feels like it is a scam My movements on this day in question are, I pulled into what looked like a service station on my way to pick my daughter and family up from Stansted airport. The reason for me pulling into this area was to use a toilet, so I found Starbucks, and when into there, after the above, I then purchased a coffee. After which I then continued with my journey to pick my daughter up. (however after I sent this email I remember that Starbucks was closed so I then I walked over to Macdonalds) There was no signs about parking or any tickets machines to explains about the parking rules. Once at Stansted, I entered and then paid on exit.  So Im not show where I overstayed my welcome.. With gratitude    
    • Just to enlarge on Dave's great rundown of your case under Penalty. In the oft quoted case often seen on PCNs,  viz PE v Beavis while to Judges said there was a case for claiming that £100 was a penalty, this was overruled in this case because PE had a legitimate interest in keeping the car park free for other motorists which outweighed the penalty. Here there is no legitimate interest since the premises were closed. Therefore the charge is a penalty and the case should be thrown out for that reason alone.   The Appeals dept need informing about what and what isn't a valid PCN. Dummies. You should also mention that you were unable to pay by Iphone as there was no internet connection and there was a long  queue to pay on a very busy day . There was no facility for us to pay from the time of our arrival only the time from when we paid at the machine so we felt that was a bit of a scam since we were not parked until we paid. On top of that we had two children to load and unload in the car which should be taken into account since Consideration periods and Grace periods are minimum time. If you weren't the driver and PoFA isn't compliant you are off scot free since only the driver is liable and they are saying it was you. 
    • Thank you dx. I consider myself well and truly told :) x Thank you dx. I consider myself well and truly told :) x
    • Doubt the uneconomic write off would be registered, unless you agreed to accept write off settlement of the claim. It is just cosmetic damage. All that has happened, is that the car has been looked at and they realised the repair costs are going to exceed the value of the car. If the car is perfectly driveable with no upcoming normal work required to pass next MOT, your current Insurers will continue Insurance and you can accept an amount from third party Insurers to go towards you repairing the scratched bodywork.    
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    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Joanne Vs Halifax***WON***


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Hi wolvesfc12,

 

MCOL is really starightforward. make sure you get the particulars of claim wording from this site, put in your own figures, check for any typos and send off.

 

You will then get a 'notice of issue' from the court within a few days which informs you of the date of service (when the bank is deemed to have received it). You should now send 2 copies of your schedule of claim to the court for inclusion with your online claim.

 

The bank now have 14 days to respond from date of service. In my case they filed an acknowledgement stating that they were defending the claim, this gives them 28 days from date of service.

 

You should then receive a 'notice of acknowledgement', if this is the case you need to send another schedule of charges to their legal representative as stated on page 2 of this document.

 

Next just wait and read up on taking your case to court.

 

I shall seek out a link which has been pastred previously which sets out the above.

 

Good luck

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Hi,

 

Just for info, I HAVE WON!!!!!

 

£1,600+ in my account today. MCOL issued 21st April, they acknowledged intent to defend, no correspondence since, only to find the full claim amount in my account today.

 

Stick with it, you WILL WIN!!:D :D :D

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You're better off using the spreadsheets on this site.

 

Use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

See here for a visual guide:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

When entering your charges, don’t delete anything first. Just overwrite the existing examples: type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

Save it and print out as your schedule of charges.

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Hi, I've used both sets of spreadheets - the Martin lewis ones - which, once you've done them, you can't save, so to file on MCOL you have to do them again, to update the interest to the current date. However, to do these requires no knowledge of excel. I prefer the excel spreadhseets in the instructions here on CAG, but I suspect they can be a bit daunting if you have never used excel before.

 

If you hit a specific problem, please post and I'm sure loads of people will help, as everyone is so helpful and kind on this site

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Filed my MCOL on Wednesday 9th last week, now when i check my claim it says it was issued on the 11th (friday) is the date the claim was served the same as the issue date and do the banks have 14 days to acknowledge the claim from the issue date or the served date if they are different??????

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Hiya,

 

They get 5 days from the issue date so the served date will be the 16th, they will then get 14 days to acknowledge it or you can click the start button and request judgement by default. If they acknowledge the claim (which they have with me) they get a further 14 days, so 28 days from the 16th.

 

hope this helps

 

Chop

Will definitely donate on payout to help keep this site going - thanks for all the advice!

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It can still be a few weeks im afraid. You might be one of the lucky ones whos money just turns up in their account, but best to be prepared to wait a wee bit longer.

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Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 2 weeks later...

Hiya i am currently at the MCOL stage with my bank charges claim. #

CLAIM ISSUED - 11TH MAY

CLAIM SERVED - 16TH MAY

CLAIM ACKNOWLEDGED - 21ST MAY

LETTER DECLINING OFFER - 2DAY

 

So halifax have until 13th June to file defence, what should i do now? what should i expect? What is this letter? Is it standard?

 

help HELP!!!!!!!!!

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