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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Bass Player 88 vs Lloyds (REQUEST FOR FUTHER INFORMATION?)


bassplayer88
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Submitted claim to court on 15/6/2007

Bank Acknowledged 26/6/2007

Bank Submitted Defence 28/6/2007 - I must submit AQ by 17th July

Banks Solicitors have sent me letter stating:

 

REQUEST FOR FUTHER INFORMATION

 

We have been instructed to write to you as our client is, entirely on a without predudice basis and with no admission whatsover to liabilty, minded to enter into settlement negotiations with you but before doing so, we are told that ther appears to be a discrepency in what you are seeking by way of a refund of Bank Charges.

 

We note from your pleadings that you are claiming (alleging) that various deductions were made from your account over the past few years, but you do not specifically say when and how.

 

In light of this , can you please provide us with the following informationby return:-

 

1. Each and every individual amount of the charge that you are claiming and disputing;

 

2. The date of each and every charge that you say was deducted from your account.

 

3. How you calculate any interest.

 

4. How you calculate the sum of £1933.76

 

5. Confirm sort code and Bank account numbers.

 

we would be grateful if you would respond within 14 days of the above date so that we may then take our clients futher instructions. In any event kindly acknowledge safe receipt of this letter.

 

Is this normal?

What should I do?

 

Submit my AQ and Allocation fee as normal and also send the solicitors the requested info?

 

Surely if the solicitors are saying they will be settle ther is no need to pay the Allocation fee?

 

HELP!!!!

 

Thanks

 

BassPlayer88

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Hi bassplayer

 

This letter isn't unusual as i've seen it posted quite a few times.

 

The advise people are given is just send them what they want, even though they've probably had it already ( i presume you submitted a full particulars of claim with a schedule?)

 

Personally i would fill the AQ in but hold off submitting it until the last minute as you will probably get a settlement letter soon. Maybe give the solicitors a ring on the 16th to see how things stand.

 

I'm no expert, so if i've got anything wrong hopefully a more experienced member will correct me!

 

Good luck.

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