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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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First of all i'd like to say i wish i'd been aware of this site before i started this! :sad:

History:

 

Recently divorced, up the preverbial creek financially, through divorce, bank charges left right and centre, oh yes and the job i've had for a year forgot to pay my NI contributions for the last 12 months!

 

Brother and Mum sent me MSE link, so followed the directions from there.... Think that was the wrong thing to do.

 

23rd March : Sent MSE template letter for ESTIMATED charges (£7862.40), based on the 5 months bank statements i had. (Didn't have a spare tenner to request statements due to crippling bank charges, the charges had my money before i could get to the cashpoint!)

 

Due to recent media coverage on bank charges I now believe that you, Halifax Plc,have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation. I believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79 along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

I currently have my bank statements for the last 5 months the charges during this period come to a total of £546.00. Therefore I have estimated that over the last six years the total amount of charges you have applied to my account is £7862.40. Consequently I require you to refund me a total of £7862.40 representing the total, unlawful amount charged during the last 6 years. If you disagree with this amount please supply me a copy of all the charges applied to my account dating back six years within the next 7 days.

I hereby give you 14 days to refund all the charges dating back six years on to my account, plus provide evidence that this is the total amount. For the avoidance of doubt, if this is not done within 14 days, I will commence legal proceedings without further warning. This action will inevitably involve you paying additional costs.

I also hereby request a detailed report of which clause in your terms and conditions each charge has been applied against.

 

Heard nothing, went over my own 14 days deadline till the 1st May, went straight to MCOL

 

2nd May : Claim was started with MCOL at 10am

 

3rd May : That evening recieved standard letter from Customer Relations in Leeds of 'sorry you are unhappy, will carry out full investigation, please find enclosed copy of our complaints procedure leaflet, will update you of our progress if we are unable to respond within the next 4 weeks'

 

16th May : Logged on to MCOL and says claim has been acknowledged on the 16th May - Checked the terms and guess this means they intend to file a defence? :confused:

I've had nothing as yet through the post, no solicitors letter or anything at all regarding MCOL claim

 

24th May : Another standard letter from Halifax Customer Relations in Leeds, further to our previous letter sorry you have not yet had a full response will recieve one asap, but no later than 26th June

 

Just discovered tonight (thanks to this site) that I should have sent my schedule of charges off, so I've just done them tonight and will send them off in the morning to the court, and hope it's not too late, although I'm not sure who i have to send the banks copy to...?

 

As at today, I'm not sure I've done the right thing at all, plus i now owe Mum the MCOL fee (£250) :(

 

Any advice, guidance or help pathetically and gratefully recieved

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For the moment it is vital that you send the schedule of charges to the court, and a copy by recorded delivery to the address you sent the claim - once you receive the court papers, you should find out the solicitors who are dealing with the claim. At that point send them a copy as well.

 

Any other issues can be resolved when you receive the Allocation Questionnaire - which will unfortunately cost you a further £100. I am presuming that you don't qualify for fee exemption - but well worth checking if you are unsure: http://www.consumeractiongroup.co.uk/forum/helpful-external-links/63-county-court-fees-exemptions.html

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Can i just ask how you worked out your schedule of charges if you dont have your statements?

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

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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Hi, thank you both for replying. The schedule of charges I've done are based on the 5 months of statements between October and March that I have and used for calculations with the initial letter I sent to the bank.

The initial letter was estimated on those 5 months of charges totalling £546.00 dividing that by 5 multiplying it by 12 (months) and then again by 6 (years) plus i'd stated in the letter that:

If you disagree with this amount please supply me a copy of all the charges applied to my account dating back six years within the next 7 days.

I hereby give you 14 days to refund all the charges dating back six years on to my account, plus provide evidence that this is the total amount. For the avoidance of doubt, if this is not done within 14 days, I will commence legal proceedings without further warning.

I gather by the question that isn't going to be enough?

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Yuk...that is a problem.

 

Have you sent a data subject access request?

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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You think it's bad reading it? You wanna try living it LOL:eek:

 

Reasonable advice given by well meaning family, and now having found this site just realising how badly I've approached this :-(

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I would advise doing that immediately - the information is in the Bank Template Library. It is likely they will try and get your claim struck out, so it is vital that you start to build evidence of their obstruction.

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Here is the letter you need to get your statements.

You need to send this ASAP.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

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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OH MY GOD!!!!!

 

Well, while I don't recommend anyone do this the way I did, and having had a few sleepless nights realising this could very well end up getting thrown out of court.....

 

THEY'VE PAID UP!!

 

The bank has sent attached a printout of every charge since 2001 (Thank you very much for that hee hee :p)

 

Full amount, not 75%, plus interest

 

Thank you Consumer Action Group, and to everyone else out there

Have Faith, This Is Your Money :p

 

Next up... LloydsTSB for an account closed 2 years ago

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I strongly advise people not to do it this way!!!

 

CONGRATULATIONS..!!! :D :D

 

Im very pleased you got your money, but as moneyhelp says, please follow the guides for your other claims.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

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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I totally agree with you

 

I DO NOT RECOMMEND ANYONE DOES IT THE WAY I DID, AT ALL, EVER!!!

 

It has given me a few sleepless nights since i found out i'd potentially messed up and i've been kicking myself SOOOOO much, and I agree with moneyhelp too, I think this has happened more by luck than judgement - The account is where my child benefit and working and tax credits get paid into and i have a sneaky suspicion that has more to do with it, because they've taken that money in excessive charges before now.

 

So LloydsTSB will be done by the book. Got a lot of reading to do first on how to do it properly LOL

 

But please people, don't do it on 'estimated charges' - for your own sanity

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fantastic news!

 

well done!

 

Crusher :-D

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Well done. . . Congratulations..

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Well Done :D - Just Goes To Show That Even If You Don't Go By The Book They Are Too Damn Scared To Go To Court. This Is A Scary Process Even With This Fantastic Site And All The Fab People That Contribute, So Now Go Forward And Get The Next Lot With All The Help That Is Here You Will Find It An Even More Rewarding Experience!!

 

Suze :D

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Hi Corbechri and well done!!

 

Your story interests me cos I started out doing it just the same way as you. Then I found this site and realised at same time that my estimated charges were way off and so once Halifax replied to my SAR and sent me the full list of charges going back 6 yrs, I then started again and used the letter templates on this site asking for all the charges to be paid back.

Am now at court stage and Halifax have acknowledged claim and say they intend to defend all of it - I'm just hoping my first letter to them asking for the 'estimated' amount will not hinder anything now. your outcome kind of gives me a bit more confidence!!

Enjoy spending your money!

Debbie :-)

12th March 2007 - sent S.A.R - (Subject Access Request) and £10 to Halifax.

 

3rd May 2007 - LBA sent to Halifax.

 

15th May 2007 - £2,500 offered over phone (full amount asked for is £5,300) - OFFER DECLINED.

 

17th May 2007 - Filed claim via MCOL.

18th May 2007 - Claim request issued.

 

Notice of Issue received from Court - 22/5/07.

Claim deemed to have been served as of 23/5/07.

Notice of Acknowledgement received from Court - 31/5/07.

Halifax now have until 20th June to file defence or whatever......

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Thanks to all that have congratulated me, It's only today that it has really sunk in!

 

To Debb, I feel for you at this stage :) LOL, it was at this point the waiting game started for me too, and then the nerves, the self doubt... who am i fighting against this huge, massive, company and then the questions ... have i done the right thing etc.

 

From what i can gather from other posts, it's about a week before they're due to give their defence that cash payments appear ...miraculously overnight... from a little fairy.... :rolleyes:

 

So don't lose heart, i almost did

 

I will enjoy spending the money, I'm taking my kids on a well earned holiday i didn't think i'd be able to give them, have paid off some of my debts, am going to donate some here as a thank you, and am going to buy a new bed tomorrow... If i get one more spring sticking in my leg one more time i'll scream LOL, besides, i deserve a decent nights sleep haha

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