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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • 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.  
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Brucey vs Lloyds TSB


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Just bumping this - good luck for today, Brucey.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Hi Brucey. how did you get on today? I was in court but it was hard to see who was who.

The judge 'was not convinced' that Lloyds TSB had acted unreasonably and therefore did not award costs.

I sat next to someone representing Lloyds while waiting. He told me that he was just there to ask for stays on cases. He said that Lloyds were not settling any further cases because of the test case and that they were prepared to take the matter all the way to the Lords.

He also said that in cases where the judge did decide to go ahead and ruled in a claimant's favour Lloyds would be appealing.

He did mention that he would never bank with Lloyds and that they were one of the worst banks to deal with.

I really hope that you had a good result today.

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Thanks for the good wishes everyone.

 

Hi pupil, sorry to hear you didn't get costs.

 

I felt a little like I under-performed in front of the judge as it all went like clockwork, nobody from Lloyds attended and he ruled in our favour, very quickly. Then he commended me on my hard work in doing the bundle and was writing down what we were claiming as he said "are you claiming any other costs?", I said (as a result of my reading up on the subject on here) that I was planning to ask him if it would be OK to claim for wasted costs at a later date. He said, "well, I'm giving you the chance now" but I hadn't prepared anything and was so taken aback I didn't really say much to help my case! I didn't want to sound like I was just plucking figures out of the air and/or just making it up to take advantage of his good nature. I wish I'd have taken a schedule in like pupil described earlier. As it was he allowed us a small amount on top of what we were claiming but somebody more experienced or more professional would've got more, I'm sure. But then, it's all experience and we got the right result.

 

Lloyds have 14 days to pay but other threads here suggest we may have trouble getting it by then. We'll see. What with pupil's words just earlier about Lloyd's not settling new rulings and appealing it still feels like the battle's not quite won yet!

 

Wouldn't have been able to do anything without this site and most definitely will be donating 5% if we get the money. Many, many thanks to all.

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Brilliant news that they didn't turn up - let's just hope they don't oppose it, or at least if they do the judge tells them to 'do one' :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Hi Brucey. I am so delighted that you won your case. i think that we had different judges.

I know what you mean about feeling that you have underperformed. I took my daughter in with me and afterwards I kept asking her - do you think I explained myself well enough, should I have been more forceful, should I have given more detail?

It was not the best of experiences especially as it seemed so obvious to me that Lloyds had wasted my time, energy, money for postage, paper ink etc. How could that not be construed as acting unreasonably? I bet that it would have been had it been me who did not serve and file papers!

I guess that the judge felt that since they had settled they were being resonable.

Oh well - my little girl in her wisdom says let it go and I will try to learn the lesson.

I would really like to know which judge you had.

Also let us know when they actually pay up.

Well done again. I am really happy for you.:)

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Hi Brucey,

just wondered if everything has now been resolved and Lloyds TSB have paid up.

Have been reading on other threads that lots of cases are now being stayed so I guess we were lucky to slip in.

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Hi pupil, have been away for 5 days so couldn't relay the good news ...... their 14-day deadline was on Monday so I rang SC&M. Lady called Donna told me that they hadn't received the judgement from the court (surprise, surprise) but from then on she was very helpful. Actually rang me back later that day to tell me to send a fax of our copy of the judgement to her and they would get it paid.

 

And they did! Within 24 hours.

 

So that's it, the long journey ends in success. I thought with the OFT test case coming when it did, we had just missed the boat but as it turns out we were lucky to just sneak in.

 

Thanks again to everyone here, definitely wouldn't have got it done without you and best of luck to everyone else.

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Fantastic news Brucey - well done! It did feel a bit like touch and go towards the end especially with the test case etc. It will be really interesting to see how the case goes but my own priority is to get free from Lloyds TSB as quickly as I can and for good!:)

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