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    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
    • Hi,   I am not sure if I posted this already here but I don't think I did. I attach a judgement that raises very interesting points IMO. Essentially EVRi did their usual non attendance that we normally see, however the judge (for the first time I've seen in these threads) dismissed the notice and awarded me judgement by default because their notice misses the "confirmation of compliance" paragraph. in and out in 3 minutes (aside from the chat at the end with the judge about his problems with evri) Redacted - evri CPR loss.pdf
    • Just to update this. I did apply to strikeout and they did not attend the hearing. I won by defualt and the hearing lasted 5 minutes (court only allocated 15). The judge simply explained that the only matter he was really considering is if the Defendant could have any oral evidence to defend the claim. However he said he had decided that based on their defence, and their misunderstanding of law, and their non attendence he did not think they had any reasonsable chance so he awarded me SJ + Costs on the claim form + the strikeout fee. Luckily when I sent the defendant the order I woke up the next day to a wire trasnfer for the full sum of the judgement
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Black Horse v Me - Please Help (pleading)


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Hello,

I've been reading around on here for ages & now I'm feeling very confused & extremely worried, I'm hoping that somebody can give me some advice... (sorry it's long, I'm really stressed :confused: )

 

The Story...

  • In 2003 I purchased a car on hire purchase with black Horse Ltd.
  • I had been paying monthly until May 2006, when a crack was found on my car engine after a minor crash.
  • My insurance company (Direct Line) gave me a settlement amount for my car as it was beyond repair. The insurance company paid the money straight to Black Horse.
  • I assumed that the settlement amount had settled my 'debt' with Black Horse ltd as I haven't recieved anything to suggest otherwise (no letters etc).
  • THEN... quite a few letters were sent to my address, but for a different surname. I therefore didn't open them. Until one looked really important, and it stated that I hadn't complied with the court order, could go to prison for 14 days.
  • SO... I phoned the court & explained that I hadn't recieved any court papers as they were not in my name. They agreed to send the forms out again.
  • I have sent the acknowledgement of service form back & I now have until 27th May to submit my defence

I don't know where to start. There are over £500 of late fees and then court costs of £120 & £80 solicitors fees which have all been added onto the intial amount.

 

I can't find any of my documents for the agreement, so should I write to them and ask for the agreement? and ask for a list of charges?

 

ANY advice would be greatly appreciated.

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No I didn't ask them to send it directly, they told me that that's what they were going to do, and I suppose I just accepted it.

 

I didn't think anything of it at the time. Looking back, with hindsight, I think I have been quite naive all the way through & would do things very differently in the future. :(

 

I think I'm going to ask Black Horse and Direct Line for all the information they have on me.

 

For that do I just use the SAR letter?

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I cannot understand why Direct Line sent the settlement cheque to Black Horse, when your the policy holder,

 

It is standard policy as with a HP agreement, you do not legally own the goods until such time as the last payment is made.

 

Problem with cases such as this, you are not in a position to dispute the amount with the Insurance as they are dealing with the legal owners of the vehicle, ie, the finance company.

 

You need to get a full breakdown off what you have paid, what the insurance paid etc and reading through the site, a SAR would seem to be the way.

 

As to how you approach the Court paperwork, hopefully someone more knowledgable will be along soon to help you through.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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Also ring BH or their solicitors and ask them what they would accept as a settlement figure and get it in writing. BH always load ridiculous fees onto these things so you will certainly be able to dispute at least part of the debt. It's rather a pity that you stuck your hand up and admitted that you were the car hirer when they were serving court papers under the wrong name:mad:.

"Why CCJ when you can CCA!"

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I'm going to send a letter asking for a breakdown of the account, what has been paid by myself, what has been paid by insurance company, and also what fees have been added (and a breakdown of these fees).

 

Am I best to send the letter to the solicitors, or directly to Black Horse?

 

I'm thinking of sending it to Black Horse, and then a copy to the solicitors.

both by Special delivery.

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  • 3 weeks later...

I have sent an admission of guilt for not paying the whole amount due but also asked that the late charges are removed as I was unaware of them being added.

 

I might not get anywhere with it, but I thought it was worth a try.

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