Jump to content


  • Tweets

  • Posts

    • Is there any point in revisiting the fact that the initial speculative invoice (which I never received anyway) was issued more than 14 days after the alleged incident anyway? Should that alone not merit the throwing out of the case to start with?
    • no cca = no pay ....end of. you should not have been running the sb date to infinity by paying debts no-one has enforceable paperwork for...might as well have burned the money for all the good its done you.   dx  
    • Despite the rapid start of vaccinating the population, the UK now has the 13th highest vaccination rate in Europe and the government has received criticism for the (lack of) speed of its booster program and the (lack of) availability of vaccines for 12-17 year olds.   - and falling - 11th not long ago   • Europe: COVID-19 vaccination rates by country | Statista WWW.STATISTA.COM Belgium, Ireland, and Portugal are among the European countries with the highest number of COVID-19 vaccine doses administered per 100 people.  
    • Just to be sure, you are suggesting that I adapt and use this text? ..... Grace Period: 45. Code 13 of IPC Code of Practice states: ‘13.2 Before a Parking Charge is issued Motorists must be allowed a Grace Period save and except when 13.3 is applicable. A Grace Period is a 10 minute period at the end of a Permitted Period of Parking. 13.3 A Grace Period is not required when the Permitted Period of Parking does not exceed 1 hour providing that the signage on the site makes it clear to the Motorist, in a prominent font, that no Grace Period applies on that land.’ Fifthly, I would ask the Claimant to provide evidence that the car remained in the car park for more than the ten minute Grace Period allowed by the IPC Code of Practice. The parking space became unpermitted at the moment the driver left the site, so then a ten minute Grace Period would apply. As the vehicle was there for no more than ten minutes, then according to the ICP’s Code of Practice, which the Claimants says they complied with at all material times, a PCN should not have been issued. Alternatively, the Claimant is invited to show the signage which makes it clear that no Grace Period applies. Planning Permission 46. Finally, the Claimant really emphasis their signage in their Witness Statement. In schedule 2 of their (expired) service agreement it says that ‘The Company will provide the following – 1. Supply 6 Vehicle Control Service v Claim Number: 16 x Enforcement Signs (MAXIMUM STAY 90 MINUTES WHILST SHOPPING IN THE STORES).’ I was only able to find 5 enforcement signs (Exhibit 15). This is another example of VCS not caring about legal obligations, this time within their own contracts. Regardless, I do not believe they have planning permission for these signs, which is a criminal offence under The Town and County Planning (Control of Advertisements) (England) Regulations 2007. I have requested proof of planning permission from VCS by means of a CPR request, but they have not replied. I have searched Hillingdon council planning portal and I cannot find planning permission for the signs. Whilst should mean a contract could not be formed between driver and the Claimant, as you cannot form a contract with illegality, I would like to use this as another example of how unbothered the Claimant is about the law and how they do not adhere to their own IPC Code of Practice as ‘Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses’ (Code 25.1 IPC Code of Practice). The Claimant does not care to adhere to Code of Practice they signed up to and generally do not care about keeping their legal affairs in order. I would consider that a blatant disregard for the rules and the law. 47. I have done some research into the Claimant and their court action. They have a pattern of behaviour whereby a VCS paralegal writes a Witness Statement, then mentions in the last paragraph they may be unable to attend court and then the paralegal never turns up to be crossexamined. In the event Ambreen Arshad is unable to attend court to be asked about her claims, then I would like to know why she is not able to attend when the hearing has been scheduled months in advance, is during working hours and as a result of covid, is online, so there is no travel involved. Mohammed Wali, the other paralegal employed by VCS, does exactly the same. Vehicle Control Service v Claim Number: 17 Additionally, I suspect the patrol officer will also have an aversion to explaining himself to the court. E. Double Recovery Legal Fees 48. The Claimant’s Particulars of Claim include £50 legal costs, yet in the letter dated 29th June 2021, the Claimant stated that they were no longer represented by Elms Legal and all further correspondence should be sent to the VCS in-house litigation department (Exhibit 16). I am not sure why the Claimant is asking the Defendant to contribute to their employee’s salary. 49. Furthermore, as per another letter dated 24th August 2021 (Exhibit 17), the Claimant wrote, ‘Should you fail to accept our offer of settlement then we will proceed to Trial and bring this letter to the Court’s attention upon question of costs in order seek further costs of £220 incurred in having to instruct a local Solicitor to attend the hearing in conjunction with the amount claimed on the Claim Form.’ I find this an extraordinary statement given the Claimant knows legal costs are capped at £50 in Small Claims Court. I cannot think of any reason why the Claimant would write this letter other than to intimidate the opposing party with the threat of an extortionate sum of money, hoping they would be able to take advantage of someone not knowing the Small Claims Court rules. Given that this letter came from the Claimant’s in-house litigation department, clearly well-versed in the law, I cannot see this as anything other than deceitful and disingenuous behaviour and I hope the court will not tolerate it. Vehicle Control Service v Claim Number: 18 Contractual costs / debt recovery charge 50. In addition to the £50 legal costs, the Claimant is seeking recovery of the original £100 parking charge plus an additional £60 which is described as ‘contractual costs and interest’ in the Particulars of Claim and as ‘debt recovery charge’ in the Claimant’s Witness Statement (para 31). No further justification or breakdown has been provided as required under Civil Procedure Rule 16.4. 51. In the event the court has somehow allowed Protection of Freedom Act to apply, then para 4(5) Schedule 4, Protection of Freedom Act, states, ‘the maximum sum which may be recovered from the keeper is the amount specified in the notice to keeper’ which in this case is £100. 52. In the more likely event that Protection of Freedom Act 2012 does not apply to this case, then the Claimant still must demonstrate how these alleged additional costs have been occurred otherwise it would appear to be an attempt at double recovery. 53. In previous parking charge cases, it has been found that the parking charge is a sum so high that it includes the cost of recovery. In the case the Claimant cited, Parking Eye Ltd v Beavis (2015) UKSC 67. It was held that the sum (£85) had already incorporated the costs of a private parking business model as it was inflated so as to comfortably cover all costs. The Supreme Court held that a parking firm which is not in [exclusive] possession cannot plead any part of their case in damages. The case provides precedent that £85 (or up to a Trade Body ceiling of £100 depending on the parking firm) covers the costs of the letters.
    • I deal some time with cash some time with card but i keep all recipts i put my money on  20 october  
  • Our picks

I need help please - ready to apply to Court ***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5201 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

Scallyally

 

They did the same to me, said that they would defend and a couple of weeks later paid my account in full and sent a cheque for the rest. I am in Newcastle too. I used MCOL.

 

I have actually written to them today and said thanks but they still owe me more interest and the £50 June payment I sent them. But stay with it, you should be hearing from them They have paid me £1070 so far, I have told them another £94 and then they can see the back of me :D

Link to post
Share on other sites

  • 2 weeks later...

This morning I received a letter from Capital One. "Whilst we do not accept liability for your claim, I have in an effort to resolve this matter without the need for a court hearing, refunded your full claimed amount of £670" I WON!!!!!!

 

Cant really believe it, I am ecstatic to say the least! For me it was never about the money (although that is wonderful!!) it was about the way they treated me as a customer and the way that they would never allow me to get out of the hole I was in caused by their overpayments.

 

The letter goes on to ask me to inform the court that this is now settled, can someone please confirm that I only need to do this once the cheque is in my hand as the letter states this will follow within 14 working days.

Link to post
Share on other sites

Yes You're right. Only inform the court once you have CLEARED fuunds in your account. Well done Scally and congratulations:D

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

Link to post
Share on other sites

Received a letter from Capital One this morning:

 

"Whilst we do not accept liability for your claim, I have in an effort to resolve this matter without a need for a court hearing, refunded your full claimed amount of £670"

 

WOW I WON!!!

 

The cheque is to follow within 14 working days time am I to assume I do not contact the court until I have the cheque in my hand?

 

thanks

Link to post
Share on other sites

Excellent!!

 

Please complete the bank survey……….and maybe a donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Please PM a Mod with details of your settlement for the Litigation Concluded forum

 

Congratulations. Enjoy the dosh!!!

Link to post
Share on other sites

Thank you so much!!

 

Ive just typed out that question again as the first one I couldnt see now I can, bizarre!!

 

I am so pleased.

 

If someone could let me know where to send a donation to I would be more than grateful as without this site I would not be getting my money back. The support and advice from this site has been absolutely wonderful and I am eternally grateful. Might not be a huge huge amount of money but the fact that little me can win against them makes me feel great!!

Link to post
Share on other sites

Hi Scallyally

 

Congratulations on your refund...

 

To make a donation, go here and click the button "Make a Donation"

 

http://www.consumeractiongroup.co.uk/sitemap.php

 

uk

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

Link to post
Share on other sites

Thank you UKAviator!

 

I dont have paypal or a credit card is there a way I can pay in cash? Also I need to PM a Mod with details of my successful claim, what details do they need and how do I PM them?

 

Many thanks

Link to post
Share on other sites

Hi Scallyally

 

Do you have a Solo / Maestro card with your bank?. The system will accept that. If you PM me or a MOD with your details of your win, Case number, date concluded,amount, we will add it on for you.

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

Link to post
Share on other sites

Hey,

 

Can someone help me please? I would like to request charges from Capital one as they keep adding things such as "Cash interest", "Cash Advanced Fee", "Purchase Interest" onto my bills, then when they have pushed me over my credit limit by adding these they then hit me with a, "overlimit charge"!

Does anyone have some templates to help me please?

Link to post
Share on other sites

Bulmer

 

It will be useful for you to start your own thread, that way you can seek advice and there will be plenty around to help. You can claim back overlimit and late payment charges, as well as returned cheque/direct debit charges if you have any. Have a good read around this forum and if you follow the procedure step by step you will be successful. You will find all the templates you need in the link below.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

Hope this helps.

 

glav:)

Link to post
Share on other sites

  • 2 weeks later...

Hi again, Ive still not received a cheque and ive worked out that the cheque should be here by next Thursday which will be 26th July. They said 14 days so with weekends taken out that is the date I get. Is this normal? I also received a form from the court giving them until 11th August to pay me and for me to check the box and return it to the court so that they knew I had been paid. Along with that form came a letter from Capital One saying that they had paid me and cheque would be with me in 14 days, not working days I might add. Am I just being impatient and what if no cheque by this time next week? Obvisoulsly then I have to inform the court that they have not paid me?

Link to post
Share on other sites

Hello

 

That's right. If you have'nt received it by say Tuesday, chase them on the phone for your money. Let them know the clock is ticking.

 

Uk

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

Link to post
Share on other sites

Hi Aviator. Do you have their phone number. Seems to be a closely gaurded secret. Just want to jiffy them along and let them know I'm on THEIR case!

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

Link to post
Share on other sites

Cheque is now nicely clearing in the bank!! As of Monday I will officially have my money back!

 

Still need to sort out a donation though and also send my details to a mod to be added on.

 

Will keep you posted as I will believe it when ive got my hands on the dosh on Monday!:D

Link to post
Share on other sites

Hi Aviator. Do you have their phone number. Seems to be a closely gaurded secret. Just want to jiffy them along and let them know I'm on THEIR case!

 

 

Number i have is 0800 952 5150

 

Tried that a few times when Robert Udy was around. Not sure if it is that office still.

 

Uk

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

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...