Jump to content


  • Tweets

  • Posts

    • Great, well done. Well done also on managing to talk to the court. That seems to be very difficult for most people nowadays
    • Hi Guys, I need to submit my defense for the MCOL due date is 3rd Dec. I don't know if I need to write so much of the attached and whether the details is required afterwards. Please let me know, if the below is ok to submit. Thanks   ************************ I arrived at Liverpool John Lennon airport around 5:30am on 30th July 2019, to park my car in a prebooked car park, called Imagine Parking, located approx 150 metres from the entrance of the airport building. I paid for the parking and flights in May 2019 (receipt attached) for our annual family holiday to Italy. On entering the airport premises I asked my family to look for any signs to the Imagine Parking, as it was dark and the signs were very difficult to read. Unfortunately neither the satnav nor anyone in the car could find the Imagine Parking. After exiting the airport premises following the one way system and then re-entered it again. Again we couldn’t find our car park and I decided to drive in to the pickup/dropoff  car park to collect my thoughts. I double checked the address and postcode and had entered the correct information and read the directions again. So, I paid the £3 exit fee and drove carefully, this time using my son’s mobile phone satnav, but again the satnav said we had reached our destination, so I noticed the entrance to a car park off the roundabout shown in the photo, thinking it must be our car park, however just as I was entering I couldn’t see any signs saying “Imagine Car Park.” I also noticed that if I drove further into this car park, then I would be driving towards barriers to the car park and there was also a raised kerb dividing the entry and exit for the entrance to this car park, so I stopped in order to avoid getting trapped, this was for a few seconds and as I was about to drive away, I noticed a couple of cabin crew walking towards my car and I asked my son to jump out with the Imagine car park document to ask for directions, but they were unable to help, so my son sat back in the car and just I was about to move, I noticed a minibus with “Imagine Parking” written on the side and managed to follow it to their car park about 100 metres away. As can be seen from the timestamp on the photo’s, it was 5:58am and our flight gate was due to close at 7am (flight was 7:30am) and I was feeling anxious. The timestamp also shows I had stopped to avoid going into the wrong car park at 5:57:23 and followed the van at 5:58:07, therefore a total of 44 seconds. I didn’t look towards gaining any advantage by driving towards the wrong car park. Please note the postcode for the Imagine car park and the airport are the same, the driving instructions, which I had read prior to leaving and at the “dropoff/pickup” car park seemed to make sense, but I still couldn’t see the car park. Normally there would be signs to any private car parks. I made an appeal to VCS Ltd and on their online appeal form, there is a drop-down option for mitigating circumstances “to ask for directions,” however, this seems to be bogus and covert practice to get drivers to reveal their own identity only, it is not a legitimate option for mitigating circumstances. I provided VCS with all the above information with car parking receipt (with dates) for Imagine Parking and the boarding pass for the flight. I even explained the above to the first company debt collecting agency. As can be seen from the above, I tried to get VCS Ltd to cancel the PCN with sufficient mitigating circumstances, to no avail. I’m hoping the mitigating circumstances for turning my car away from the wrong car park for 44 seconds are sufficient to dismiss this claim, however if the courts are minded to the claim of a “breach of contract,” then I would like to contest it on the following basis:- I did not enter a contract knowingly and no terms were offered on arrival. I still haven’t seen the “contract” after 2.5 years. It was dark/dusk and the signs are not lit. Even if it was light, how can a driver read a contract written on the side of a road? How would anybody know they’re entering to a contract by driving on a road to an airport? As a matter of law, only the landowners can issue legal proceedings in their own name, VCS Ltd are not the landowners, merely agents with their own tort of law procedures for parking. If any damages did occur for maneuvering a car for 44 seconds, then how is the value of £160 reached? A parking charge notice was issued, however I did not park anywhere on the roads. The roads are governed by the highways byelaws and therefore VCS have no authority for these roads. I have received 13 letters from 4 different debt collecting agencies for a tort of law claim. I request this case be totally dismissed.
    • Hello,   I did my own research and spoke with the court before taking any action. They have advised me the same as AndyOrch that I'm going to get the judgement amended   I've also informed the bailiffs to suspend their enforcement. I'll keep you updated as to what happens.   Thanks for the help. I'm going to run everything by the court to ensure I don't make any mistakes   They have told me to fill in an N244 form. @Andyorch is this correct?
    • Sorry been a long day at work, but still dont get it.   87Need for default notice. (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a)to terminate the agreement, or (b)to demand earlier payment of any sum, or (c)to recover possession of any goods or land, or (d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e)to enforce any security. (2)Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective. (3)The doing of an act by which a floating charge becomes fixed is not enforcement of a security. (4)Regulations may provide that subsection (1) is not to apply to agreements described by the regulations. (5)Subsection (1)(d) does not apply in a case referred to in section 98A(4) (termination or suspension of debtor's right to draw on credit under open-end agreement).     88Contents and effect of default notice. (1)The default notice must be in the prescribed form and specify— (a)the nature of the alleged breach; FAILURE TO MAKE MINUMUM PAYMENT (b)if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken; £200 TO BE PAID WITHIN 19 DAYS (c)if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid. NO MENTION OF COMPENSATION (2)A date specified under subsection (1) must not be less than [F114] days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those [F114] days have elapsed. 19 DAYS (3)The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the [F114] days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it. (4)The default notice must contain information in the prescribed terms about the consequences of failure to comply with it [F2and any other prescribed matters relating to the agreement]. THEY WILL TEMINATE AGREEMENT [F3(4A)The default notice must also include a copy of the current default information sheet under section 86A.] (5)A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.    
  • Our picks

Hello All ** WON IN COURT **


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5396 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 90
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi

 

Yes I realise it is the spread sheet that I did, but what I was asking was what does bookworm mean in his court bundle by "Latest Schedule of charges".

 

Cheers

 

Andy

N1 forms delivered to court for Barclays

50% rejection letter sent to DLA

( Abbey )

Link to post
Share on other sites

Hi again Andtroy, I would take that to mean that you print a new copy of the spreadsheet off on the day or the day nearest that you are going to send it as the interest will be accrued on a daily basis, you cannot add any further charges to a claim with out paying £35 to amend it, when this happened to me I just filed a new action against them for those charges, and got them back last week :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Hi Lula

 

Thanks for that. When you filed the new claim which resulted in you getting the money back last week how long did it take the second time round from sending the letter off and getting the money?

 

cheers

 

Andtroy

N1 forms delivered to court for Barclays

50% rejection letter sent to DLA

( Abbey )

Link to post
Share on other sites

I sent the first letter to Abbey on 29th September and received the money into my account last week, so given that we are waiting for them to ignore us for about 4 weeks I think it was fairly quick

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Hi Lula

 

Thanks for that. See I don't get this I sent my first letter off to Shabby back in june last year and still no money. But at least I can see the light at the end of the tunnel now.

 

Cheers

 

Andtroy

N1 forms delivered to court for Barclays

50% rejection letter sent to DLA

( Abbey )

Link to post
Share on other sites

  • 2 weeks later...

Hello Everybody

 

Just to say that yesterday I submitted the court bundle and sent a copy to the Defendent.

 

Well any time now they should cough up. Will keep you posted.

 

Andtroy

N1 forms delivered to court for Barclays

50% rejection letter sent to DLA

( Abbey )

Link to post
Share on other sites

  • 2 weeks later...

Hi All

 

Well this is it. Tomorow morning I have the hearing at the court , and up to now I have heard nothing from Abbey. To say that I'm worried is an understatement. I would have thought by now they would have made an attempt to make an offer of settlement ,but nothing.

 

Any suggestions or thoughts would be really useful.

 

Cheers

 

Andy

N1 forms delivered to court for Barclays

50% rejection letter sent to DLA

( Abbey )

Link to post
Share on other sites

Thnaks Karne

 

So is the summery jugdement the letter that getting? and do I give that to the judge?

N1 forms delivered to court for Barclays

50% rejection letter sent to DLA

( Abbey )

Link to post
Share on other sites

just subscrining

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

Link to post
Share on other sites

Hi All:D :D

 

I'm soooooooooo excited I'm back and i have won won won won won, one very happy bunny.

 

Well Shabbey did not turn up so the judge passed judgement in my favour and have given Shabbey 14 days to pay up. So that conjures up some really nice mental images of a) a nice cheque or b) bailiffs going in.:D :D

 

I woulmd like to take this oppotunity to say a huge thank you to karne who has been with me every step of the way and thank her for her help and advice. Also a huge thank you to this site for all your help with letters templates etc etc and setting out the steps to get these charges back.

 

Needless to say donation will be on its way once I get the money from Shabbey.

 

Also could my thready thing be changed now to " won won won "

 

One last thing stick by your guns and follow your convictions if you believe in something strong enough you can move mountains.

 

Cheers

 

Andtroy

N1 forms delivered to court for Barclays

50% rejection letter sent to DLA

( Abbey )

Link to post
Share on other sites

Well done andtroy.

 

Makes me wonder if we should start to draw up a list of litigations of Abbey no shows incase this happens again?

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

Link to post
Share on other sites

  • 2 weeks later...

In answer to your question about Bailiffs, there is a pdf document on the HMCS (her majestys court service) website about getting bailiffs in. As long as it's less than £5000 (and I think greater than £650) you can apply for a warrant of execution at the county court. It costs £55 which you can add to the charges you are claiming back. Just remember to take 1) The judgement 2) the address you want to send the bailiffs to to court with you.

If money is the route of all evil, I must be a Saint

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...