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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.
    • Developing computer games can be wildly expensive so some hope that AI can cut the cost.View the full article
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Reject Offer ****WON IN COURT****


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Julie

 

As a matter of interest, did you ask the court for wasted costs?

 

Steven

 

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Great work Julie! Good to know your saga is over.

 

As Steven said, go for it again - these 'bankers' have got to learn!

 

Holster x

NatWest - *WON £3738* 11 JULY 2007 :p

A&L - S.A.R - (Subject Access Request) MADE 9 JULY

CAPITAL ONE - LITIGATION PENDING

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Yep

 

Start from prelim letter but point out that you have already whopped them in court once so why don't they just roll over and pay up straight away (you might want to word it more 'professionally' than that though)

 

Steven

 

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Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

HI STEVEN

SORRY BUT WHATS THE PRELIM LETTER

JULIE

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THat's the first letter you sent asking for your money back. I presume you won't need an SAR as you will have all the relevant statements.

 

What about wasted costs for this claim?

 

Steven

 

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Excellent news! Well done Julie!:D

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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C O N G R A T U L A T I O N S !

Roll on round 2, and you could have gone for wasted costs as I did. I was/am exempt from court fees, but charged 25hrs@£9.25 as you are "Litigation in person" as well as other misc costs.

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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  • 2 weeks later...
could I ask which court this was please?

 

Crusher :-D

 

HI CRUSHER

 

THE COURT WAS BRADFORD (WEST YORKSHIRE).

IM GOING TO DO IT ALL AGAIN FOR THE CHARGES I DIDNT CLAIM FOR

 

JULIE X

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Hi Anybody

 

Why Is Nothing Simple For Me.

I Won My Court Case On The 21 June, The Bank Was Ordered To Pay Me Back The Charges By 5 July today and Nothing Came In The Post Today, What Do I Do Now? anybody Help

 

Julie

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Have you checked you bank acount to see if theya have just credited it with the money?

 

HI

IM SORRY ABOUT THIS BUT JUST RUNG THE BANK AND NOTHING HAS GONE TO THAT ACCOUNT, WOULD THIS HAPPEN EVEN IF THE BANK HAVE BEEN ORDERED TO PAY ME

 

JULIE

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Phone cobbetts and explain you haven't received payment even though the court ordered them to pay you by the 5th July. Tell them this is non-compliance with the court order, etc., and let us know what they say. Cheeky beggars!

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Good Morning

Sorry About This But I Rang The Courts And They Told Me To Ring The Bank Which I Did They Have Told Me To Fax The Judgement Order To Them With Covering Letter. The Order Clearly Says To Pay Myself And Nothing About Paying It Against My Debt. Do You Think I Should Still Do This Because I Can Do An Enforcement Order Now

 

Julie

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It's worth following the court's advice and faxing the judgement order with a covering letter - making it clear that you want a cheque payment. If you're able to do an enforcement order though - I think that has to be your call. Good luck - hope you get a positive response one way or the other today x :)

Can't find what you're looking for? Please have a look at Michael Browne's

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Hi Julie

 

I would fax the stuff to the bank as they requested but add a note saying that the court ordered them to pay by 5 July and that if you don't receive a cheque within 7 days you will apply for an enforcemnet order. Emphasise that paying the money into your account is not acceptable, you ant a cheque.

 

THat might be quicker in the end as an enforcement order takes some time to process, serve, etc.

 

Steven

 

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Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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Thanks Guys

 

You Are Giving Me So Much Strenth To Follow This Through, Dont Know What I Would Do Without You All. Anyway Fax Has Gone To Bank, Going To Ring Lunch Time To See If They Have Received It

 

Julie

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Hi, I am at the preparing for ourt stage and very nervous and getting quite scared going for £4854 in charges and about £1150 in interst etc, you case is very heartening and reassuring. I will hang in, as spoke to bank today and not budging on offer.

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Hi Kazzex

 

Yes, you hang in there! We're right behind you. It would be best if you started your own thread so that peeps can help you better.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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