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    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
    • 1 Date of the infringement 16th March   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received unsure   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.   Have you had a response? [Y/N?] post it up Yes, rejected:   Site: Sea View Car Park, PL27 6SR Date of Event: 16th March 2024 We are in receipt of your challenge in relation to the above Parking Charge. Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error. As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'. 'The Contract' also details that there is an exception for those with a valid mobile session in place. Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'. Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined. We note that you have submitted evidence of payment; however, said payment is not for this location. It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay. In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter. Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to. Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter. 7 Who is the parking company? Alliance Parking LTD   8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall   For either option, does it say which appeals body they operate under. IAS Hi there, thanks in advance for any help on this.   Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense. I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.) I only had receipts for two instances so I assume the first it didn't go through as had terrible signal. Paid £60 for one of the fines. Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.   Have now received the attached letter of claim. I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance. LOC-alliance-1.pdf Apologies, 2nd page of LOC here. LOC-alliance-2.pdf
    • Would still like to see the court bundle  Any part ex as deposit or any deposit paid on the agreement does imo count towards the one third or the half in the case of a VT
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    • If you are buying a used car – you need to read this survival guide.
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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
      • 161 replies
    • 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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un1boy - N1 issued for breach of CCA request


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right behind you un1boy

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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Hi guys,

 

Sorry for the delay. Let me take it from the beginning (please bear in mind that the following is only a summary of what was said and happened, and not necessarily the exact words/sentences that were used):

 

Before the hearing, the bank's rep came over and was actually really nice - she was telling me how she was a qualified barrister and was self employed, as well as the fact she had been to 3 or 4 different local courts that day.

 

She also explained that she had been instructed the Saturday morning before the hearing on the Monday so had read through all the correspondence and wanted to know how I knew the amount I did.

 

i explained that it was all "self-taught" by reading and researching on the net as well as reading the relevant acts, I also explained that I am going to be studying to become a sol myself, specialisingin consumer and employment law.

 

She explained to me what the hearing would be about and said it's "standard procedure and should only last 5 minutes, if that" She explained that her only instructions were to approve standard directions and that she had prepared a list of them for the Judge. She went through them with me, and I was like - right, that's interesting, we'll see what the judge says.

 

THE HEARING:

 

The judge was again, really really nice. He summarised his understanding of my claim, he wasn't quite there, but was kind of right. he was effectively saying that section 127(1) applied only when the bank had entered legal action, not really before.

 

He then passed over to me - I explained that I felt that the word "enforce" applied to them processing account data (defaults etc) on my creidt file and even to asking me to pay, as per the wilson cases.

 

He replies, saying "Hmmm....so I guess we need to establish the interpretation of enforcement? good."

 

He then asked what the bank's stnace was....the qualified barrister simply said:

 

"Err....Sir, I was simply instructed to approve standard directions"

 

Judge: "well, I have been proactive and obtianed a copy of the act and the case law in order to review the case properly."

 

He went through my POCs, explaining that he wanted each party to know exactly what would be happening. He was great, going through everything I am claiming - saying that if I am claiming for return of monies paid due to paying extra interest on a loan agreement that I would need to provide proof to the court, in the form of rates that were available at the time. He also said things like, "Interest - well, that's a given, court costs - absolutely, if you win...return of monies paid towards the agreement since it was defaulted. Damages -well, I'm not too sure if that would be relevant in this case."

 

He read out the relevant section 78 and section 127 and section 65 etc and asked how I believed that section 78 applied in my particular case - I gave him a copy of the agreement and the regulations regarding the prescribed terms and he took them and read them.

 

He mentioned the case laws I had entered and seemed to know them - he even joked that it was interesting in the wilson vs first trust one because it was ruled that even a lender has human rights. He also referred to the other one I referrred to relating to the deafult notices and said he didn't reallyunderstand the case it referred to.

 

He then said that, if the bank had issued legal action against me for the recovery of the money then the court would have no option, under seciton 127 to enforce their request if it was satisfied that the documents were not sent to me. He also said that the act gave the court the power to reduce the amount the consumer was to pay against the agreement, if anything.

 

The bank woman then said: "Sir, do you think that Mr Un1boy has been a bit pre-emtive in his issuing of the claim as the bank have not actually tried to recover the money from him through the courts yet?!"

 

Judge: "possibly, but that would be something that would need a hearing in order to decide."

 

Me: " so, sir, could that effectively mean that the bank's counterclaim would not been enforced?"

 

The judge smiled at me, looked at the bank woman and basically said:

 

"Well, it would seem that they walked into section 127 themselves."

 

He then asked the bank woman how long she thought the trial should last. He did turn to me and explain that he only asked her because he felt she was more equipped/experienced to know how long the hearing should take, which I thought was fair enough.

 

He then explained that it's being allopcated to the small claims track and explained to me that I would need to send everything to the court in an indexed bundle, making references to the relevant lords' rulings etc. He then asked if 14 days was ok, but we agreed on 21 days because I am not available for a week.

 

It was actuially quite "enjoyable" in the end because the judge was really nice and seemed to know what he was talking about. One of the first things me mentioned was the consolidtion application that was dismissed. He explained that he could not and would not change the decision made by another district judge. We had a conversation about the other claim (current account one) and I explained the differences. We agreed that both would be heard on the same day, by the same judge and that the hearing would take 3 hours.

 

I think and hope that he has reserved the claim(s) to himslef because he said that he would allocate the other claim and that if the system was to slip up and I were to get an order from another judge for it, relating to allocation hearings or whatever, that I must call the court and tell them to send it to him instead.

 

AFTER THE HEARING:

 

the bank woman came out and was saying that he was nice and that it looked like he has reserved it for himself.

 

She questioned me re the consolidation and asked if I was against it at the time, I said - Yes, of course. I said that I did not want them consolidated because they had seperate issues.

 

She then said something like, and, if they were consolidated, they would have the same claim number and if one sid eof it would fail, the whole claim would have"

 

I said, "Exactly"

 

She said, "So, you feel that one claim is stronger than the other"

 

I said: "not at all.....the DPA request I asked for even proves that I was not sent the info required to invoke the OFT's determination under section 74 of the act, so I know that I'll win...the reason I wanted them heard seperately is because the issues are seperate and the damages being claimed are different. I explained that I would be happy, as ever, to discuss a settlement if they wanted to put one forward."

 

Then she said, " I need to make a call - not about this one, about another case"

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

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un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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ooh, before the hearing the bank woman mentioned the FOS's ruling and said that there was nothing stoppoing the bank from using it.

 

I told her though, that after speaking with the case handler, he said that they dont take the law into consideration. She then said, well, they do look at regulations and laws....I said, they cant have otherwise they would have ruled in my favour and asked her if the she was saying that the guy who made the ruling was wrong, depsite telling me that he did not take the law into account.

 

She said, well, you'd have used it if he had ruled in your favour - I said, I wouldnt have needed to because you would not have been able to take it to court.

 

Funnily enough, the judge mentioned the FOS's ruling and basically dismissed it. He said:

 

"And this went to the FOS, didn't? You didn't have any luck, did you mr un1boy?"

 

The bank woman tried to justify it, saying something like - no, the FOS ruled in our favour.

 

I said, "No sir, but the case handler said that they do not take the law into account"

 

I cant remember his repsonse, but I know it was something like a "hmmm" as if to say, yep un1boy you're right, it cant be used....

 

He then just moved on and that was the end of it.....

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

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un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Well done un1boy. :D

 

Things seem to have gone well for you after all your hard work and persistance, and you handled the opposing barrister very well!

 

Good luck for the future in this case! ;)

 

Cheers

Rob

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Thanks for all of your comments. It makes a difference that the Judge was so good too. It's been a long time and I'd hope that I get an offer soon.

 

thanks for everyone's support - it has been tough and very stressful, but it makes a difference having a group of people to reassure and support me through the process.

 

Will just wait and see now, I guess.

 

I'll keep the thread updated but I am going away for a week, so won't be in the country for a while - so if I don't reply for a week or so, that's why!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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  • 3 weeks later...

Thanks for your messages.

 

I am going to be writing to the OFT soon about all of this, asking for their explanaion into why the lemders are allowed to breach the terms of their Consumer Credit License (CCL) without any penalty.

 

In order to keep things in order - I'll start another thread and obviously post a link to it once it's all done.

 

This may not happen until I have sorted this current claim as I am currently helping a friend who has been a victim of identity fraud try to get the lender to stop threatening legal action and to "suspend" the default they have placed.

 

I am also helping some friends and family get CCJ's and other defaults lifted for the lenders having no CCA etc.

 

Once I am ready, I'll let you know and hopefully then you can follow that series of accounts.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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  • 1 month later...

Oh well, that's the bundles sent off - a total cost of £16 (receipt kept, of course!).

 

I don't know if what I've put in it is right, but hey ho!

 

So, any idea what happens now?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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*bump*

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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So, in the hearing, the Judge ordered you to disclose within 21 days and that is what you've done, right?

 

Did he mention their disclosure? Sorry, I'm skipping through the thread, because I've been offline for a bit and haven't caught up yet.

 

Usually, you would have had directions for the small claims track in each case, which states when parties should disclose to and give a date/time/location for the hearing. Doesn't seem like this has happened here yet, though?

 

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So, in the hearing, the Judge ordered you to disclose within 21 days and that is what you've done, right?

 

Did he mention their disclosure? Sorry, I'm skipping through the thread, because I've been offline for a bit and haven't caught up yet.

 

Usually, you would have had directions for the small claims track in each case, which states when parties should disclose to and give a date/time/location for the hearing. Doesn't seem like this has happened here yet, though?

 

Hiya

 

Yeh it has happened, both parties had to give each other our papers by the same date.

 

I have not received their bundle yet because they sent it the day before by courier,, knowing that I would not be in - I can't get it for 4 days now because they can't deliver again until that time.

 

I assume that, because they have proof it was sent, it is deemed sent and that I don't have to have received it?

 

Also, what's the process now - I guess the haring date will be allocated and that's that?!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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I assume that, because they have proof it was sent, it is deemed sent and that I don't have to have received it?

 

Also, what's the process now - I guess the haring date will be allocated and that's that?!

 

 

Yes and yes

 

:wink:

 

Although, I thought it was already allocated? You're waiting for a hearing date now.

 

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Yes and yes

 

:wink:

 

Although, I thought it was already allocated? You're waiting for a hearing date now.

 

Sorry for not being clear car - it has been allocated in terms of track. The actual hearing date hasn't yet.

 

I hope it's befor xmas - I could do with not having to go through another christmas with all this over me!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Apparently the hearing date is in less than 2 weeks - apparently it was on an order sent in June....lol, must have missed that one!!

 

Ah well, wish me luck!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Good luck :)

 

Thanks mate.

 

to be honest, I'm crapping myself - anyone know the format of trial hearings and the things I should/will have to say?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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