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    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • 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.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • 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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Is this a County Court Warrant of Execution? If so, it could take months! (Sorry!)

 

CC Bailiffs don't (yet!) have the power to force entry. I found this out with Barclays when they **wrote** to them and asked them nicely to pay - how is that different to what I did AND they charged me £55 for the benefit?!

 

If you'd gone through the High Court Enforcement option, they could have kicked their door in!;

 

John Marston & Co

 

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Is this a County Court Warrant of Execution? If so, it could take months! (Sorry!)

 

CC Bailiffs don't (yet!) have the power to force entry. I found this out with Barclays when they **wrote** to them and asked them nicely to pay - how is that different to what I did AND they charged me £55 for the benefit?!

 

If you'd gone through the High Court Enforcement option, they could have kicked their door in!;

 

John Marston & Co

 

with a company, they can just walk into the branch. It is different with an individual.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Thanks for all your support guys! :)

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well done uni why dont you also issue a default as soon as they start being funny,,,send it to the appropiate reference agancies and also have a web page dedicated to DEFAULT OF BANK LOL

PATRICKQ1

 

Yeh, imagine!

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Is this a County Court Warrant of Execution? If so, it could take months! (Sorry!)

 

Yup it is.

 

I don't really mind how long it takes to be honest - at least things are happening at long long last!

 

I am worried though that they will try to get the warrant withdrawn. Although I have been told by a friend who is a police officer that once the warrant is issued, they have to pay or the bailiffs take things.

 

I think they will just pay to be honest.

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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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with a company, they can just walk into the branch. It is different with an individual.

 

That's great news - can they apply to have the warrant withdrawn?

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

 

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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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I have just received a letter from the court saying there's been an iterim return of the warrant.

 

Does this mean that they going to pay it?

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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 have asked my friend who is a Police Sergeant and he said he thinks it's a temporary return - maybe that hey have been given some time to pay.

 

I'll call up on Monday and ask - I'll be sure to let you all know! :)

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

 

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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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Ok, so I was right - the warrant has been returned because they have put in an application to have the order that was issued in November 2007 to be set aside.

 

Can this be done? I will now probably have to attend a hearing despite the bank failing to enter their defence in time and a judgement by default being successfully obtained.

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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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Can this be done? I will now probably have to attend a hearing despite the bank failing to enter their defence in time and a judgement by default being successfully obtained

IS IT NOT POSSIBLE TO GET WORD TO THE JUDGE THAT THEY ARE REALLY JUST TIME WASTING AND BEING VEXHATIOS AND IT IS COSTING YOU AN AWFUL LOT OF TIME AND MONEY TO KEEP GOING OVER THE SAME OLD THING THAT THEY HAVE STILL NOT SUPPLIED NOR CONFORMED TO YOUR OR THE JUDGES WISHES

PATRICKQ1

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Ok, so I was right - the warrant has been returned because they have put in an application to have the order that was issued in November 2007 to be set aside.

.

 

Yes, it can be done. Have you recieved the app for set aside yet? What does it say?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Ok, so I was right - the warrant has been returned because they have put in an application to have the order that was issued in November 2007 to be set aside.

 

Can this be done? I will now probably have to attend a hearing despite the bank failing to enter their defence in time and a judgement by default being successfully obtained.

 

There is nothing to stop them applying for a setaside. Whether they will be successful or not will depend on their reasons for doing so and your ability to oppose them.

 

The bank should send you a copy of their application but if they don't the court will send you one with a hearing notice.

 

By the way, which bank is it?

 

Els

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Yes, it can be done. Have you recieved the app for set aside yet? What does it say?

 

Not got it yet.

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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There is nothing to stop them applying for a setaside. Whether they will be successful or not will depend on their reasons for doing so and your ability to oppose them.

 

The bank should send you a copy of their application but if they don't the court will send you one with a hearing notice.

 

By the way, which bank is it?

 

Els

 

it was a judgement by default because they didn't enter their defence in time - the judge at the consolidation hearing said that if they didn't do it in time, then tough.

 

They are arguing that the Judge said that the claims would be consolidated if this one did not have an order against it.

 

He said nothing of the sort - he said that he would not consolidate the claims for the reasons they gave.

 

They want the order set aside so that the claims can be consolidated - despite defending the other claim as though they were consolidated after their original application being dismissed.

 

This is absolutely scandalous.

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

 

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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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There is nothing to stop them applying for a setaside. Whether they will be successful or not will depend on their reasons for doing so and your ability to oppose them.

 

The bank should send you a copy of their application but if they don't the court will send you one with a hearing notice.

 

By the way, which bank is it?

 

Els

 

The bank is HSBC - this whole thing has been going on with them since August 2006 and it's been in the court since July 2007.

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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This is absolutely scandalous.

 

Yes and of course you will impress that on the judge when the time comes.

 

Watch out for them trying to do it by writing a letter to the court and obtaining a setaside without a hearing. You must insist that they apply formally and pay the fee.

 

Els

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How does he do that, Elsinore?

 

By writing to the banks’ solicitors stating that he understands their clients will be applying for a setaside and requesting a copy of the N244 be sent to him, in accordance with CPRs.

 

A copy of that letter should be sent to the court with a request that it be added to the file.

 

Un1 might be too late, of course, as the sols may have already applied. But I would still send the letter.

 

Els

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By writing to the banks’ solicitors stating that he understands their clients will be applying for a setaside and requesting a copy of the N244 be sent to him, in accordance with CPRs.

 

A copy of that letter should be sent to the court with a request that it be added to the file.

 

Un1 might be too late, of course, as the sols may have already applied. But I would still send the letter.

 

Els

 

I will send the letter.

 

What really annoys me as well is the fact that I've had to pay 55 bloody pouinds and yet they still get to do this.

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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