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    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕
    • Though it would be Highview you would  pursue. DCBL are nonentities-on their best day,
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
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struck out TSB bank charges HELP


paul283
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Hi,

 

hope you can help? just heard from court that they have struck my claim out to retrieve my bank charges from Lloyds TSB. I thought that I sent everything that was asked for but then they sent me an order again asking for particulars of the claim specifying a list of all charges complained of showing the date and amount of each one and the stated reason for it. This I thought I did. I'm not sure if I understood what was asked of me but next thing I have a reply today dated 9th July 07 stating it was struck out. Can you help in telling me what I need to do now and whether the information I am supplying is correct and what they want?

Unfortunately, I need help urgently as I only have a couple of days to reply. Thanks alot.

 

Paul

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Hi Paul, as your case is in Birmingham you need to PM Gary H, he will give you further help as how to procede.

Good Luck:D

Birmingham County Court

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Hi,

 

hope you can help? just heard from court that they have struck my claim out to retrieve my bank charges from Lloyds TSB. I thought that I sent everything that was asked for but then they sent me an order again asking for particulars of the claim specifying a list of all charges complained of showing the date and amount of each one and the stated reason for it. This I thought I did. I'm not sure if I understood what was asked of me but next thing I have a reply today dated 9th July 07 stating it was struck out. Can you help in telling me what I need to do now and whether the information I am supplying is correct and what they want?

Unfortunately, I need help urgently as I only have a couple of days to reply. Thanks alot.

 

Paul

Nobody will be able to tell you if what you supplied was correct if you don't show us what the court asked for!

 

Can you post up the order's from the court please? The one which asked for further information and the one which informed you the claim was struck out.

 

Also please show us exactly what you provided in response to the first.

 

All may not be lost but you need to act quickly.

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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Hi Gary

This is the first order i recieved was

Unless the claiment by 4pm on may 16th 2007 files at court and serves on the defendant further written particulars of the claim specifying the name,account number and sorting code of the account referred to,and a list of all the charges complained of showing the date and the amount of each one and the stated reason for it,the claim shall stand struck out without further order.

 

I sent them a list of charges set out the way requested by the order.

 

Then i recieved another order stating

Upon reading the court file it is noted

1.The documents filed at court by the claimant on 14th may 2007 do not comply with the order on 24th april 2007 besause

 

a)they do not appear to have been sent to the defendant as required.correspondence with the defendant before the claim was issued is not sufficient to clarify before the court.

b)the list of charges attached does not specify the reason given for each charge.it appears from the amounts that many of the charges may be for interest,which is not a matter apparently within the complaints made in the particulars of claim.

 

 

So i sent another list of charges without the interest on and specifyed what each charge was for and the amount and the date as requested by the first order.These were sent to the court and the defendant recorded delivery.

 

 

Then recieved this on monday 9th july

Upon the claimant having failed to provide the defendant with the further particulars of the claim required by the order of 24th april 2007 and 30th may 2007.

it is ordered that

1.claim stands struck out.

2.this order has been made by the court of its own initiative under cpr3.3.any party affected by this order may apply to have it set aside,varied or stayed within 7 days of the date on which the order is served on that party.

 

 

hope this helps

cheers paul

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