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    • You do realise all your pers details are shown in file info/properties?   It's why our upload guide states use pdf only    Dx
    • Remember that your hearing is for set aside, and only for set aside.   The judge couldn't give a monkey's whether your defence is legally sound and able to beat the fleecers on every point.  That's for the judge for the final hearing much later down the line.  The judge will want to know    - if you have a serious reason for not defending the first time around, and    - if you have a defence.   That's all.  Oh, and you didn't faff around for months before applying for set aside.   Therefore it occurred to me that forcing motorists to queue up in shops to get vouchers to then faff around at machines to input codes, rather than just, er, allowing two hours free parking, could be construed as an unfair term under the Consumer Rights Act "notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer".   To a large extent at this stage it doesn't really matter if I'm right or wrong or clutching at straws, the judge just wants to see an series of bullet point you intend to argue in your defence.   If you do include it I now see the Act is 2015. not 2019.
    • This is the letter I sent to P.E.on behalf of my friend, who is a work colleague.  P.E.sent nothing that was requested, and instead sent a letter which is the one posted in this read.  here is what I sent to P.E.     Dear Sir/Madam,                                  Before I am in a position to decide what to do with this pcn, please supply me with the following documentation, no later than 10 calendar days from the receipt of this letter.   1.Please supply a  full unredacted copy of your agreement with the land owner allowing you to enforce parking regulations. Unless of course, CEL are the legitimate landowners, in which case I require a copy of that proof as registered with the land registry. If however,CEL are not  the legal landowner of the said land, then you will have failed to constitute a contract with the land owner giving you the rights to enforce parking on the site.     When considering wether you are the legal land owner, and entitled to the stated fee, please bear this in mind:-  2.If CEL are not the legal land owners, then your penalty charge would be deemed illegal under the Unfair Terms in Consumer Contracts Regulations 1999,if you are not the legal registered landowner. It is also an unfair term according to the Consumer Rights Act 2015 regulation 62(4) October 1 2015.   3. I require you to provide me with a breakdown of how you reach the claimed figure. Please be aware of Judge McIlwaines comments in VCS v  Ibbotson Case No 1SE09849 16.5.2012 (transcript in the public domain), where judge McIlwaine said  “Parking charges cannot include business costs which would occur whether or not the alleged contravention took place”.   Based upon that evidence, I suggest that the amount claimed is excessive and is being enforced as a penalty for allegedly parking. The parking charge does not represent a genuine pre-estimate of loss, and therefore is unfair as defined in the Unfair Terms in Consumer Contracts Regulations 1999. The charge is also, nearly double that of what a council parking charge would be.   I believe there is no contract with the landowner that gives CEL the legal standing to levy these charges nor pursue them in the courts in their own name as creditor.   4. Supply  me with documentation showing how or where I formed a contract with CEL.I don’t recall entering into a contract wether fomally, verbally, by phone, text, email, or in person. Signs do not help CEL and drivers to form a contract.CEL, I believe, are only an agent who may or may not be the legal landowner as registered with the Land Registry.  Excel -v-HMRC 2012 is the binding decision in the Upper Chamber which covers this issue with compelling statements of fact about this sort of business model.   5. CEL have not said wether the pcn is for damages for trespass, or a contractual sum. Please specify which it is.   6. I do not believe that CEL have planning permission to erect signage (or the cameras) at this location),required under section 2a, town and country planning act,as defined in the Information Commissioners code of practice, book, updated October 2017.Here is the section you need:-   “Given the significant amounts of information that ANPR systems are able to collect, it is important that individuals are informed that their personal data is being processed. The best way to do this is through signage explaining that ANPR recording is taking place and, if possible to do so, the name of the data controller collecting the information.   While it is a challenge to inform motorists that they are being monitored, there are methods you can use, such as the Town and Country Planning Act (control of advertisements) Regulations 2007, to help provide this information (see section 9.1.2 for further detail)”. You will find this on page 34, section 5 of the said handbook. If  however, you do have planning permission from the local council to erect cctv/anpr cameras and signage,, then please forward me a copy of the planning permission granted. I also require a copy of the approved planning application, approved site plan and schedule of installation and maintenance of the signs, and cameras.   7. Do not try and frighten me into paying by quoting the Supreme  Court case of Parking Eye V Barry Beavis. Here is some information before and since that case.:- Parking Eye actually pay a fee to the landowners of the car park in question in the SC case, which is why no other cases using this case have gone to county court.  Furthermore,Judge J J Maloney did say in his case that he is “ only a district Judge and each case would be different depending on its issues”. Either provide me with all the documentation I have requested, in the time scale stated, or simply  cancel your actions.                                                   Yours Sincerely   Obviously i changed the name from CEl to Parking Eye.   For a windscreen ticket.docx
    • Good evening   Have something of nothing really to tell   BigMW - I received an email yesterday from the business manager requesting that I attend in person...rather ironic considering I'm imobile hhmmm....   " If you require further information could you please come to site and present valid ID.  The purpose of this is to prevent fraud"   I would deem this an unreasonable request!! Firstly it's taken 36 days to respond, why isn't my drivers license feasible?  Please advise here   Creation Finance -  Received Docs from Sar request - Doc confirming pcp attached....What do you think?   Further to the above, I should have heard back from their investigation (20/05/2022) . I've heard absolutely nothing!  Do I at this point send a nudge email to them or just go straight to FOS regarding both parties?   Thank you     PCP contract_.pdf
    • SAR, yes do both, could be useful for cross referencing   The dates you've given for moving abroad also change from your original post so the more info you can gather the better   Also, there's quite a few questions you haven't answered that could be useful.    
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Cardiff directions hearings *POST HERE*


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Hi all,

 

My gf's claim against Barclays has also been allocated to Cardiff County Court for 14th August. Can someone please let us know what steps you have taken and if anyone has had an out of court settlement:

 

Do we phone Krysta and ask for a settlement?

 

Do we send the instructions to proceed letter?

 

Do we need to do a court bundle?

 

All advice and help would be appreciated ;)

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Hello markshark,

 

I telephoned Krysta and she told me that she was dealing with cases in date order and to get back to her on the 8th of June for discussion on settlement.

 

I think this depends on who is dealing with your claim as some people have already been settled. As Krysta is dealing with mine I have to wait for her.

 

Try ringing first and see what she has to say, you may be lucky and have someone else in charge of your claim.

 

A court bundle is not required yet, if you back to the beginning of this thread it will tell you in post 10 what you have to send to the court. you do not have to attend that day.

 

I hope this helps.

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RECEIVED MY CHEQUE TODAY!!!! YAY!!!!

Could someone tell me what I do next? Do I need to write to the court and tell them Barclays has settled?

 

Hey MarkShark,

You need to write a draft letter to the court which you can find a template of at the beginning of this thread. You do not need to prepare a bundle just yet as it is only a directions hearing. Give Barclays a ring and say your aware from the CAG that Barclays are settling claims without going to court and would they like to settle yours now without wasting any more of the courts time. Be polite as they are very nice to deal with and only doing their job. It can't do any harm and you may get your money sooner than you think! Like me - ooh its sooo exciting!!!

Good Luck

Thanks to everyone who helped me this site is fab, will be donating as soon as cheque clears.

xx

POPPY07

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As poppy07 says just explain your situation, you will need a copy of your updated charges to date as they may ask you to email them to you.

 

Congrates Poppy07 enjoy your money!!

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Poppy dont inform the court until you have the cleared funds in your account

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Everybodiesmum v Barclays

I to have a date for 14th.Aug. However I cocked up when I first submitted my claim on MCOL,(for my daughter) so following advice from the site, I have now completed an Application Notice (N244) to allow for an amendment together with a N1 and will take this to Cardiff tomorrow. I am also at the same time submitting a claim for my daughter-in-law (HSBC). Have decided this might be a better option than using MCOL, as it might speed things up. Hope I'm doing the right thing.

 

In the meantime, I would like to prepare for my "written representations as to how the case should precede" All I can find is the Allocation Questionnaire, despite many hours of trawling through the site. Can anybody help.

 

I live at Glyncorrwg, near Maesteg. Has anyone heard of it????

Good luck to you all

everybodies mum

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Hi there, yes I've heard of it!!! I live in Bridgend! The letter you send as to how you would like to proceed is within a link at the beginning of this thread, just change the details and post it off.

Cheers Kashie, the money is more or less spent!! I'm having my first baby in September, so a lot is getting ready for that!!!

Thanks for advice Saintly, hopefully they won't bounce their own cheque, but I'll wait til it clears like you say. Do you know what I send to the court then?

Once thats done I think I might have a go at claiming for wasted costs -no harm in trying!!!

xx

POPPY07

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I would send a letter with your claim particulars and headed

Notice of Discontinuance

then put in something like the above claim has now been settled in full i would like to thank the courts for their time spent in dealing with this matter

 

Sometimes the banks send a notice of discontinuance for you to just sign

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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UPDATE

 

Rang Kryta this morning she must be overwhelmed with telephone calls at the moment. She has a recorded message asking anyone who she is dealing with to leave their name and number for her to contact and for those who don't know who is dealing with their claim to wait as they will be in touch with you shortly.

 

Just waiting for her to contact me now.

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My girlfriend tried ringing Krysta this morning but she also got the answerphone :( She is limited to how many calls she can make whilst at work and cannot take incoming calls so we've just emailed her asking if she wants to settle the case.

 

Fingers crossed now :rolleyes:

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Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Arrrrh I just read the threads for Cardiff Small Claims - August 2007 or 2008.

Thanks for the update Caggings. I was expecting in a week or so get date > bundle > court > job done.

Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

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Got impatient so tried emailing Dino anyway. He replied instantly :D

 

It seems Thomas Hickey is dealing with the claim, so I've now forwarded my gf's claim to him.

 

Anyone dealt with Thomas?

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Email response received from Tom:

 

Basically it states that they will be looking to do a settlement, but not until mid-July.

Roll on mid-July :p

 

Hopefully we wont have to pull the bundle together now :cool:

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girlfriend

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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