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    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Barclays Litigation Team Good or Evil? You Decide..


dar£n
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Wonder if its stress realated!!

28/2/07

Sent request for repayment of charges totalling £2,800 (I want it ALL back!).

8/3/07

Barclays send sorry your not happy letter

14/3/07

Letter before action sent

25/4/07

Barclays offer £1,790

27/4/07

Thanks but no thanks to the offer sent

28/4/07

Filed with mcol, now looking at a figure of £3,500, they should of paid up when i asked nicely :-D

11/5/07

Barclays acknowledge claim

30/5/07

Barclays defend claim

19/6/07

Received notice of transfer to Northampton County Court and barclays excuse for a defence!!!

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Received an email for Dino today

 

 

Advised Sharon Daboul is dealing with my claim

 

 

 

Email [email protected]

 

Another one to add to the list please

NatWest Bank

- S.A.R Request Sent 21/9/06.

- Prelim Letter Sent 16/10/06

- LBA Sent 09/7/07

 

Barclays Bank

- S.A.R Sent 4/1/07

- Prelim Letter 1/2/07

- LBA Sent 16/02/07

- MCOL Filed 20/3/07

- A/Q Filed 30/5/07

- Court Date received 16/6/07

- SETTLED IN FULL £15XX.XX 07/7/07 :)

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HELP!!!!!

 

I have a barclays thread ongoing, and have done an on-line small claim, Barclays did not file a defence and I clicked for a judgement.

 

The judgement has come through, and now I have a court date for assessing the value of the claim...

 

Barclays have been copied on the court date and they have to advise me if they are going to attend, however, I HAVE to attend.

 

It seems this hearing is just to assess the actual value of the claim...

 

Is this the stage when I should be speaking to Barclays litigation for a settlement??????

 

p.s. My claim is in the Northern Ireland judicial system.

 

Thanks for any help or advice.

 

p.p.s The court date is 28th August (NI courts recess from July - August)

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I dealt with Dino, he was very helpful and polite asked me to send spreadsheet of charges, I emailed him SOC got offer letter day after, I faxed him acceptance which he confirmed by email and said money would be in account within 5 working days it went in yest 19th a couple of days before the fifth day and he even emailed me when it had gone in account. So yes he was very nice to deal with

Red:D :D

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If they havent bothered their arse putting a defence in, they are barred from having any contact with the judge. Phone the Civil Processing Centre and tell them Barclays say they will be attending, CPC will put you right.:)

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Yeah, but think of the extra interest they will owe you! :D

 

Yeah, IF I get awarded the interest!

 

I am one of the early subscribers to the contractual interest argument, and am beginning to think that this is unlikely - specialy if it goes to court, the judge is unlikely to award 18.5% as per Barclays Unauth Rate.

 

In the instance the judge says NO, I presume I revert to standard 8% from date of each individual charge?

 

BTW. Got an email response from Sharon Daboul @ Barclays litigation, so I hope she will proceed with some kind of offer soon??

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OK... my argument for my bundle to the court...

 

 

Boba Fett VS Barclays Bank PLC

 

 

Court ref: 07/030944

 

 

According the terms and conditions (t&c) listed on the Barclays website, by exceeding the authorised overdraft limit an “Administration Fee” of £30 will be applied. This unauthorised borrowing will also be subject to an interest rate of 27.5% EAR

 

By referring to the fee as an Administration Fee, the claimant requested proof that the fee was a true representation of costs incurred by the defendant, as it is believed that this fee constitutes a penalty, which is not enforceable by law.

 

As the defendant did not file a defence against the claim, it may be assumed that the defendant agrees that the charges are unlawful. As such these charges must be repaid.

 

It is also noted that according the “Unfair Terms in Consumer Contracts” legislation, that there must be “Fairness and balance” in any contract between a provider and a customer.

 

As it has been determined that the charges were unlawful, it may also be deemed that the charges constitute “Unauthorised Borrowing”. As such, it must be concluded that the defendant should pay the same interest rate (27.5% EAR) on these charges as part of settlement of the claim.

 

The claimant discerns that this interest be compounded from the date of each charge, in keeping with the banking structure.

 

At the courts discretion however a simple interest calculated monthly from the date of each charge may be used instead.

 

Should the court consider this argument null, then the claimant requests the statutory simple interest rate at 8% from the date of each charge until full settlement received.

 

Therefore the claimant requests the court order payment of one of the following:-

 

1) Claim with Compounded Interest @ 27.5% EAR £2,284.65

2) Claim with simple interest @ 27.5% EAR £1,827.26

3) Claim with simple s69 interest @ 8% £1,330.35

 

In addition to the reclaimed bank charges the claimant also claims for the following:-

 

a) Small Claims application fee £62.00

b) Costs for time to assemble Court Bundle 25 hours @ £9.25 £231.25

c) Costs for time off work at claimants daily salaried rate. (£28,000 p/a) £107.69

 

The total claim becoming either:-

 

1) Claim with Compounded Interest @ 27.5% EAR + costs £2,685.59

2) Claim with simple interest @ 27.5% EAR + costs £2,228.20

3) Claim with simple s69 interest @ 8% + costs £1,731.29

Comments?

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Hi, Managed to SPEAK to Paul Q today, he said he will send a settlement letter out today/in morning should get it Wed...lets see if he keeps his word...I'll keep you posted...but i wont hold my breath..LOL

Jenny

Hi All....As i thought, no letter today...good job i didnt hold my breath.

Jenny

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Have you rung him back? I'm beginning to think he doean't really exist, and Dino deals with all the cases, the names of the others are merely a ranking structure for how long before your case is dealt with!

 

Paul Q being 'entry level - leave 3 weeks'

to

Dino 'urgent - must deal with now'

 

Hopefully I move up to

Krystya 'annoying me - best get rid off sooner rather than later'

before too long!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Hi, I've tried to call and got voicemail.......for a change....I have emailed him and CC to krysta and dino. I have court in less than 2 weeks and they havent even bothered to send me a copy of their bundle. We'll see what happens.

Jenny

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I like Boba Fett's letter, it's guuuud ( a few posts up, I know the thread shouldn't really be here, but don't forget him)

 

I haven't tried all that heavy stuff with Barclays yet, and I'm claiming simple 8% interest, but I'm getting a bit impatient now, so I may consider doing the same and trying to claw back some of the hours and hours of work i've had to do on this claim.

 

is there anyone on here with an idea if Boba Fett will be succesfull with his arguments, in the light of the current mood in Barclays Litigation team ?

Would love to know the concensus of how far we can push them at this stage, and still get our money ??.

-------------------------------------------------------------------

:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

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Boba you can only claim a max of £50 for having to take the day off work :)

 

:| OK Then... but am hoping they settle beforehand, saving me having to take the day off in the first place!

 

Apparently the nice Mr Dino is going to contact me shortly?!?

 

p.s. Sorry for going off tangent in this thread!

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Sorry haven't got time to go through all 172 threads but I didn't see my contact isn't on the 1st thread lol

 

Sharon Daboul is dealing with your claim. Her contact details are as follows:

Direct line – 0207-116-6842

Email – [email protected]

Fax – 01452 638 159

28/2/07

Sent request for repayment of charges totalling £2,800 (I want it ALL back!).

8/3/07

Barclays send sorry your not happy letter

14/3/07

Letter before action sent

25/4/07

Barclays offer £1,790

27/4/07

Thanks but no thanks to the offer sent

28/4/07

Filed with mcol, now looking at a figure of £3,500, they should of paid up when i asked nicely :-D

11/5/07

Barclays acknowledge claim

30/5/07

Barclays defend claim

19/6/07

Received notice of transfer to Northampton County Court and barclays excuse for a defence!!!

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Wow! Sent an email to Dino requesting the contact details of the team member dealing with my case and I got a reply in under 2 minutes!!!

 

DINO YOU STAR!!!!! :-)

 

Found out that Kate Ashton is handling my case. I have sent her an email to see if Barclays would like to settle.

 

I shall get back to sorting out my court bundle now.

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Send her an email tnook, Kate was dealing with my claim and I was still waiting for my court date but sent her an email anyway asking if she would like to settle and she sent me one back asking me to send my schedule of charges and about a week later I got a settlement letter in the post offering me my money back.

I must admit though, Dino is the fastest at answering emails.

 

Penny.

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