thank you for this - my confidence was waning but now it's back on form!

thank you - what are the % chances they will start a court claim that will require my defence/response? do you know?

is it ok to chuck the paperwork away?

yes and no. they're using daniel silverman debt recovery.

Hi Guys I'm just looking for the current common consensus about dealing with parking charge notices from a 'well known' parking solutions company. I have ignored the initial ticket - I wasn't driving but also, it's not legally enforceable and blah blah ad infinitum I have ignored the 1st letter I have ignored the second letter I now have a letter from their enlisted 'debt recovery' people which threatens imminent court action. the usual. Am I still to ignore these attempts or should I do a quick letter- possibly the cease and desist or quote statute you intend to take me to court over etc. It's just that the advice has changed over the months and i am finding it hard to be clear on the current advice. Many thanks guys!

We also have, currently still being worked through, a personal injury claim against the third party insurer (involved in the accident) - hopefully this can include some of the losses we may be losing in time. but has been and continues to be separate to the work issue (as it's against the third party in the accident, not the employer) that has gradually been coming about in the fullness of time - so, as we get free legal help via the union, would they be the best legal help in this respect?

Hi my husband works for a large company and in 2010 was in a car accident while in work time, in his work van. He suffered mild whiplash and usual symptoms HOWEVER, a pre-existing but healed nerve damage was flaired up and has seen his life radically altered for the worse (too many details to list here). After much time off over the last two years, we are in another bout of time off and i don't think he can return to the same capacity of work - his job is a manual job and he just can't carry out the tasks without suffering pain - which builds up, and he grits his teeth and gets on with it until he can't. He's been off since December. We have union involvement who have informed us that there is a 'package' to be offered to him. similar to redundancy packages that lots of managers in the organisation are currently experiencing. We don't know what this is but it didn't sound very good based on length of service etc. This injury was deemed by the DWP as an industrial injury and one which we will be starting to make a financial claim on. An independent orthopaedic consultant has stated that his pre-exisiting condition, that had healed at time off accident, was undoubtedly flaired up by accident but that he would have probably started to see symptoms of it 5-10 years later, effectively bringing something unavoidable forward. As mentioned earlier, there are other numerous problems associated with the pain he is in brought about by the accident - too many to mention here. While my husband is happy to enter discussion about leaving the company as he can't see how he can return to the same job in the same capacity - what kind of negotiation in terms of remuneration can we expect to enter into? I don't think the redundancy figures quite pay any respect to the fact that this was caused during their and was deemed not my husband's fault or negligence and he is now in constant pain with a bleak employment future. Can anybody help me with what we should be looking at pursuing/expecting so I know how far to go with this please? Many thanks Kate

the 1995-2000 years was £2100 the 2000 - 2006 was £2319 That's including interest all settled in full

They didn't turn up but sent a fax to the judge that said that they wouldn't be attending and that they had credited our account with the money I am claiming YAY! and right enough the money is in my account! Woop-de-doo! The judge did say that no-one had gone to court yet and they just all settle so hang in there and wait because they do cave in!

Wish me luck

I have my court date set for Tuesday next week - Halifax have already phone to try to negotiate 50% of what I am claiming to "save us both time and money". I did point out that I had done all the hard work and would incur no further costs so did not see this as a beneficial reason to settle at that amount. My claim goes back to 1995. Halifax have settled the claim up to 6 years and defend the rest on s5 of the limitations act - as I expected. I'm using s32(1) to counterdefend my right to claim and Judge wants to hear it. I know this as he did write and ask me on what basis I intended to respond to the request the defence made to throw my case out. so my response re: s32(1) was adequate to give me a court date. I'm now starting to get nervous about going to court - I feel a little out of my depth as to what will be asked of me and whether at that precise time, I can provide the info - it's all in the bundle but I feel like I now don't have a clue as to what I'm doing!!! HELP?!!!!

I didn't realise that - I just phoned the court to ask about adding some case reports into my bundle for my hearing (cave V Robinson - cos I read your note) and they said just pop it in the post with a covering letter and send a copy to the defendant. Now my hearing is on the 20th so I've got the luxury of a bit more time, not like the lady whose hearing I was responding to, so I thought the court could advise her on the best way to deal with the situation she's in. I have not ever been to court but I have been told that in small claims, the judge is slightly biased toward the lay-man. I'm no professional by any means - that much is obvious by my ramblings!

Hiya - I am taking Halifax to court on 20th March to discuss the statute barred time issue as my claim goes back 11 years and they defended. I would be inclined to phone the court and ask them what they suggest is appropriate under these circumstances and whether, with the limited time you have left and the time it would take to send something in post in time, whether you could take some additional case studies in with you to discuss as the time - I'm sure the judge - being on your side - would know of the information anyway and be prepared to listen. Specially as you have been hoodwinked at the last hour by your defendant. phone the court I say!

Thanks glenn - #I'd really appreciate that. tkkennerson@yahoo.co.uk if you should get the chance!!! this is the what the whole issue rests upon says the judge! I've sent the bundle off already to court but can take it along with me on the day I'm sure!

Wow! I got Halifax to send me all the statements going back to 1995 - in triplicate!!! don't ask me how but in their error, they sent it. I got back all money up to 6 years and they are defending the previous years saying that it's statute barred - the court asked me to write a response prior to being allocated a hearing date as to why I think my case should be heard - I quoted S32(1) as per a letter template I found on here and furthermore added another case that had won over the time statute with regard to something else! - I got a hearing for 20th March 2007, 15.15 at Yeovil County Court!!!! see my letter below - hope this helps all: Ref: 6QZ86140 Defendant: Halifax Plc Dear Sir Please accept this letter as your requested Reply to the Defence that the balance of my claim is statute barred. I do not believe my case should be statute barred. I have cited part of The Limitation Act 1980 below and highlighted in bold the parts that I believe to be relevant to the balance of my claim. In addition, I will explain why I think this is relevant to my claim. Section 32(1) of The Limitation Act 1980 states that: .... where in the case of any action for which a period of limitation is prescribed by this Act, either- (a) the action is based upon the fraud of the defendant; or (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or © the action is for relief from the consequences of a mistake; The period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. .... I consider that the Defendant’s repeated representations that their charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Their deliberate concealment of the true nature of their costs in relation to charges has prevented me from asserting my right until I heard that on BBC Radio 2 in October 2006 (Martin Lewis on Jeremy Vine show) that the OFT considered the charges unfair and that consumers were well within their right to claim back the charges. The Defendant still continues to conceal the true nature of their costs to me despite my asking them to demonstrate this by letting me have a full breakdown of the costs to which they have been put by as a result of my breaches. Additionally, my interpretation is that the limitation period runs from when I found out that the charges are unfair (as per the OFT pronouncement on 5th April 2006), and that the Act is a forward looking limitation and not retro-active. I found out that the charges are unfair from listening to Martin Lewis talk on BBC Radio 2 in October 2006. I took immediate action by requesting all my statements to be sent to me as soon as I heard and have since then, followed a reasonable course of action to reclaim my money. Finally, I ask that the court consider the following case law on this subject when assessing my claim: Haward & Ors v. Fawcetts & Ors [2006] UKHL 9 (1 March 2006) Williams v Fanshaw Porter & Hazelhurst (Court of Appeal, 18 February 2004) Bearing all the above information in mind, I therefore, respectfully request that ask that the court enter a judgement in my favour for the balance of my claim. With many thanks. Yours faithfully, ME