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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • 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...  
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enfys v HSBC


enfys
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some advice please and hello to all

 

issued my claim on mcol on 11th July

 

12th july HSBC admitted that all the money was owed £2671 including court fees

 

Judgement was issued on 16th July

 

now what happens???

 

popped into my branch today most unhelpful - even thought the court papers i had were from them against me

 

so any idea of what happens now i threatened them that i am going to issue a warrant of execution they didnt know what i was on about

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Congratulations. If only they would fold that easily for everybody!

 

If HSBC's admission came through DG then you should write to them to ask when you will receive payment - it's probably enough to refer to the claim number, account number etc. but it won't do any harm if you include a copy of the judgment. You might tell them that you will apply for a Warrant of Execution if you don't receive prompt payment.

 

If you don't hear from them within a week then it's time to contact the court and see about getting a warrant.

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no not through DG only heard of them on here

 

it was just admitted on the mcol thingie

 

my branch have faxed my copy of the request for judgement and reply to admission through to DG today with a request from me for a satisfactory response by monday or the baliff are going in i had to handwrite it on a piece of paper but they should understand - my bank claim they have never recieved any letters off me - she was a bit shocked when i told her she could look at the signatures on the royal mail website as i send recorded delivery

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Ha ha. It makes you wonder whether they're bare-faced liars or just incompetent.

 

Looks like it's time to stretch out and wait then. There's not really anything else to be done for a few days (unless you want to send DG a letter yourself (recorded delivery, natch :))).

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going to give them till i get home from work on monday - might fax another letter to dg tomorrow then i am going to issue the warrant of execution - its an account i have not used in ages it lives in its overdraft i pay in enough each month to pay sky and the small amount of interest it charges i have just been too lazy /too busy to sit on the phone in the q to change the sky over to my main abbey account

 

as i explained to her - everything apart from the request for statements has been to that branch - i asked her who would have had the authority to say they admitted they owed and she claims it wouldnt have been them - as i pointed out to her someones admitting it and i have never heard of dg solicitors or had any dealings with them

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The judgement will state what day the bank have to give you your money back. If they dont pay you back on or before that date, you go back to court and apply for a warrant of execution or in other words you are applying to the court to send in the bailiffs

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