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    • Superb result, there's no way they could have made that stick, keeper not driver never held driving licence not capable of driving. Hope they feel ashamed. Sadly these they have no shame   Well done you Laura.
    • Ok so I now have the inevitable Claim Form (Civil National Business Centre) Obviously I intend to defend all of the claim. Arguing the fact that the time over the 2 hours permitted was within the grace periods allowed under the IPC Code of Conduct is straight forward, as is the very simple fact I was not the driver so cannot agree to terms I was not present to accept. I've not really got my Head around the POFA thing. One of their particulars is that im "pursued as the keeper pursuant to POFA 2012 schedule 4". What is my defence for not sharing the drivers details aside from i'm legally not obliged to and does this POFA 2012 allow them to pursue me? We did put in my response to the letter of claim that I would seek a reasonable costs order, should these form part of my counter claim? If so what is reasonable to claim for? Ill do some more digging around the site later this evening in case the answers lie elsewhere. Thanks
    • Hi. It's probably nothing to worry about but if you want to post up a copy withoute your personal details or their reference number, we'll have a look. HB
    • Sorry this is a long one. recent remortgage (both self employed, clean credit checks, plenty of equity in property, husband 64, I’m 52) fairly stressful procedure but got sorted all signed waiting on land registry searches. searches came back and showed 2 charges registered to our property going back to 2007 & 2008. We had no knowledge of these whatsoever. Got details of creditors involved Link Financial & Capquest. Spoke to National Debtline who pointed us towards contacting them both and getting info about the amounts owed. Asked for copies of credit agreements, dates paid, account no, any payments made by us, details of CCJ that is supposed to come before charging Order. Absolutely nothing other than an A 4 paper from link no company name with a date of 2000 not even our telephone no. This would have been statute barred 2000 to 2008 date of Charging order so why has a judge allowed an unsecured debt to be secured against property? cases were heard in Cardiff and Redditch we live in Yorkshire, our first action had we been aware would be transfer to our local court surely? Both courts have said they have no record of judgement as do old! completed 2 X N244 and went to local county court, paid 2 x £119 explained urgency, clerk was very helpful, judge initially said there would be a 30 minute hearing but has today said no and will not look again or set aside as previously litigated and enforced. waiting on hold to speak to our IFA to see what our options are ie borrow more to pay off charges. feels like a real kick in the teeth would definitely recommend anyone with a mortgage check land registry every 5 years. any suggestions please?    
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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
        • Like

Countrywide ANPR PCN - in carpark for 10 mins - Disabled Parking Spot - appeal refused by CW - Kingswood Way Great Denham Bedford Bedfordshire MK40 4GH


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Normally we don't advise playing your cards early in a snotty letter, but as you have appealed we might as well use what you wrote in the appeal against them.

There is no rush, you have until 6 July to get it to them.  See what the other regulars think too.

How about something like this? -

 

Dear Rachael & Sean,

cheers for your Letter of Claim.  I rolled around on the floor in laughter at the idea you'd actually thought I'd take such tripe seriously and would cough up!

As usual you'll have been too bone idle to do any due diligence.  Had you done so you would have seen that I appealed to your client.  Indeed the driver on the day is a textbook example of having done exactly what you should do when you do not wish to be bound by the T&Cs in a private car park.

Of course none of that mattered to the spivs you represent but do you really want to put such a useless case in front of a judge?

To be fair, your clients are very useful members of the human race - as comedians.  How I loved the page turner of their antics at The Citrus Building in Bournemouth.  It was chuckle after chuckle reading about them, letter after letter, month after month, insisting they were legally in the right, even through someone who had done just the first day of a GCSE law course could have told them they weren't.  Until the denouement - BOOM - an absolute hammering in court.  In fact - SLAM, BANG - managing to lose twice against the same motorist for the same car park in front of two different judges.

Your client can either drop their foolishness now or get yet another tolchocking* in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend the dosh on a nice summer holiday, while every day laughing at your clients' expense.

I look forward to your deafening silence.

COPIED TO COUNTRYWIDE PARKING MANAGEMENT LTD

 

*  This word is used under licence from Brassnecked

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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When you want invest in two 2nd class stamps and get two free Certificates of Posting from the post office.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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I just want to check a point. 

I dont believe there is a GCSE Law Course and hasnt been since 2018.
There is A Level law courses still existing. 

Only knew this as my daughter is just doing her A Levels exams this week and there was never a law option for GCSE.
Should it be changed to A Level or just "basic" law course?

Also why the names Rachael & Sean, - am I missing something here, as those names are not on the letter. 

 

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Rachael and Sean are the two directors of the solicitors' company  https://find-and-update.company-information.service.gov.uk/company/07966978/officers

Writing with the first names shows (a) you're not scared of them and (b) that you have CAG to back you up, as by now they must have worked out that the letters originate from here.

It doesn't really matter about GCSE law, write what you want, the point is just to ridicule their clients for being so incompetent in court.  Their win rate against Caggers is ...

... 0%.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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Thank You, will be posting today.

Do I have to send back their form to them saying "I Dispute the Claim" along with the letter?

Also the form asks for my telephone number and email address

- I dont want to give them those details do I have too? 

They have my name and postal address so want to leave it at that.

 

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Don't give them your e-mail address, don't give them your telephone number and don't fill in their forms.

They send these things to pretend they are some sort of statutory authority.

In reality they are a disgusting cowboy company who use sixth-rate solicitors who can't get any other work so are reduced to doing everything on the cheap with no due diligence for private parking companies.

Your letter is meant to totally ignore their procedures and show you've sussed them for who they are.  From their point of view it would be better to drop you like a hot potato and instead concentrate on going after people daft enough to give in.

That's why I went on & on about their previous court humiliations, to show them that if they continue with you they'll just end up with another thrashing.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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  • 2 weeks later...

Hi Guys
Today I have received a new letter stating (Dated 20 June 24, received 26th):

We write in reference to the above matter.

Please note you have previously appealed this mattter with our client and your appeal has been rejected.  Please find attached appeal documents for your reference (Copied past correspondence).

Our clients position remains the same, the balance of £170 remains due and owing.

Should you wish to dispute this matter further please seek independent legal advice

Should you have any further queries please contact our offices on 0113 487 0430.

Yours sincerely

Edited by mrscsmith
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look at a few PCN threads here already with PAPLOC or Letter of Claim in the title

and view the PDf file

then you'll know what one looks like

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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