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    • Just remembered!   Now I know this is no laughing matter for either your or your parents, but I guarantee if you read the following  http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1  by the end you won't be able to contain the giggles 🤣   On a more serious note, quote this in your WS as a persuasive case in (5).  Here there is VCS, someone who left the site, no locus standi, lots of stuff similar to your parents' cases.  And VCS took one hell of a hammering!         
    • You are wonderful, Dave!!   I shall get the WS drafted soon as I can! Thank you so much for your help!
    • I thought they were not allowing people to sign for recorded delivery/special delivery now meaning it could still be argued that they ever received it     
    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
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Need Advice Please


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I urgently need some advice. I've just realised I made a mistake on my Particulars of Claim when lodging a claim for cashback. Basically I mentioned the wrong network provider and only realised when the mistake was brought to my attention by the defendant querying the issue.

 

I have phoned the MCOL helpline and they have said that I would need to use an N244 to amend the particulars, costing £35, or withdraw the claim and reissue, costing £30.

 

It is highly likely that the defendant will enter a defence in the next week, forcing me to reissue. However, what if they do not enter a defence? Can I still go for a default judgement and are there any implications further down the line, for example if they subsequently request that the judgement is set aside?

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You need to take one of the two options suggested by the helpline otherwise the defendants will get your claim struck out.

 

On what grounds are you making a claim? Cashback offers are notoriously difficult to get any joy with and I'd be surprised if any claim had any realistic chances of success, although I obviously don't know your exact circumstances.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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You need to take one of the two options suggested by the helpline otherwise the defendants will get you claim struck out.

 

Surely they can only get it struck out if they enter a defence, at which point I will probably withdraw and re-issue anyway.

Cashback offers are notoriously difficult to get any joy with and I'd be surprised if any claim had any realistic chances of success

 

I complied with all the T&Cs and they haven't paid me my money, so breach of contract. In fact they ignored the claim and LBA, only when I put in the claim did I get any kind of response. I will await their defence to see what they say but wondered whether to take a flier on the default judgement if they fail to defend.

 

Just anoyed I messed up on the POC as we have another contract with the other network provider. :|

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:D Success! :D

 

Cheque for cashback + £30 court fee received in the post today.

 

Presumably I just let it clear and then tell the court to withdraw the claim as the defendant has settled?

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:D Success! :D

 

Cheque for cashback + £30 court fee received in the post today.

 

Presumably I just let it clear and then tell the court to withdraw the claim as the defendant has settled?

 

You don't need to withdraw the action. Just send a letter to the Court or email to MCOL advising that the defendant has settled the claim in full and no further action required.

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PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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Well done.You was lucky as if you had have gone for Judgement then there would have been problems if the POCs were wrong.

Courts do not like notices to be sent by e mail.

Better by letter or Fax.

This is called notice of discontinuance and theres a form to do it on,though you dont need to use it.

Make sure you put all the details on clearly ie;Claim number and your name vs theirs.

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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