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Old 20th November 2007, 09:25   #1 (permalink)
Panthro
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Default Civil Penalty Notice advice

Deleted

Last edited by Panthro; 17th March 2008 at 19:20.
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Old 20th November 2007, 09:30   #2 (permalink)
Panthro
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Default Re: Civil Penalty Notice advice

Oh by the way, notice the Chrimbo night out is in Glasgow...might pop in for a shandy or two Although I haven't posted much, do read quite alot
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Old 20th November 2007, 10:29   #3 (permalink)
Muggerbee
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Default Re: Civil Penalty Notice advice

Morning Panthro

If you read petes sticky at the top of the forum it should enlighten you,
generally the advice is to wait for them to contact you then use one of
the standard letter templates in Bernie the bolts sticky.

You may well get advice that it's all your fault and your liable to pay and
you have no right to avoid paying from certain troll like members, but it is generally accepted that if you stand your ground, never admit to anything then it disappears faster than a scammer being asked to provide details of his latest victim when you want to offer them a free lawyer

Good luck
__________________
All posts by myself are without prejudice and do not constitue legal advice, they are purely for the discussion of points of law and consumer rights.

I am however not affiliated in any way shape or form with any financial institution or parking company. And if i am elected I will make it mandatory that all persons posting on this forum make such a declaration just so we can all see who the trolls are
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Old 20th November 2007, 16:35   #4 (permalink)
Panthro
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Default Re: Civil Penalty Notice advice

OMG, I am such a n00b. I realise my exuberance was a rookie mistake. Now that I have had a few hours sleep, I shall read any FAQs, guides and previous similar situations. Just like I tell the n00bs of the forums I frequent.
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Old 20th November 2007, 16:51   #5 (permalink)
battyboomboom
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Default Re: Civil Penalty Notice advice

The real question is, what is the Scottish equivalent of s40 of the Administration of Justice Act 1970, so that you can report this lot to the police.....

Last edited by battyboomboom; 20th November 2007 at 18:35. Reason: typo
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Old 20th November 2007, 18:09   #6 (permalink)
Panthro
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Default Re: Civil Penalty Notice advice

S.8 Protection from Harassment Act 1997?

PfHA 1997
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Old 27th November 2007, 01:35   #7 (permalink)
Panthro
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Default Re: Civil Penalty Notice advice

Day 7 today...up to £20 now
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Old 27th November 2007, 01:44   #8 (permalink)
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Default Re: Civil Penalty Notice advice

You're not going to pay or reply to them so why does it matter?
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Old 23rd February 2008, 13:34   #9 (permalink)
Panthro
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Default Re: Civil Penalty Notice advice

3 months and still nothing
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Old 28th February 2008, 21:24   #10 (permalink)
Panthro
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Default Re: Civil Penalty Notice advice

Recieved a letter telling my I owe them blah blah and that the registered keeper is liable blah blah and that I should pay in 7 days or blah blah.

So sent them a letter using templates in the forum. Will keep you updated.
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Old 17th March 2008, 19:17   #11 (permalink)
Panthro
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Default Re: Civil Penalty Notice advice

Had a letter from Hunter Forrest & Co saying they acknowldge my letter (about remitting it back to their client) but will continue to pursue.

Hows this:

Dear Sir/Madam

I acknowledge receipt of your letter dated 11th March 2008. I believe you are acting unreasonably in this matter. This alleged debt is in dispute.

Your client has failed to substantiate their claim against me. In the circumstances, please remit this debt back to your client.

If you fail to do this, I may be forced to make a criminal complaint against you under the Protection From Harrassment Act 1997.

Yours faithfully,

Panthro
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Old 17th March 2008, 20:53   #12 (permalink)
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Default Re: Civil Penalty Notice advice

Panthro,

You could also throw in a complaint to the OFT & Trading Standards
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Old 17th March 2008, 23:41   #13 (permalink)
Panthro
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Default Re: Civil Penalty Notice advice

How is this

Dear Sir/Madam

I acknowledge receipt of your letter dated 11th March 2008. However, I believe you are acting unreasonably in this matter. This alleged debt is in dispute.

Your client has failed to substantiate their claim against me. In the circumstances, please remit this debt back to them. If you fail to do this, I may be forced to make a complaint against you under s.8 of the Protection From Harassment Act 1997. Also a complaint to Trading Standards may proceed. Furthermore, a complaint will be lodged with the Office of Fair Trading, as their Debt collection guidance: Final guidance on unfair business practices’ document published in 2003 and updated in 2006 states under section 2.6, sub-section h

“2.6 Examples of unfair practices are as follows...

...h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

Please do not contact me unless you are informing me that you are remitting this debt back to Apcoa. Any other letters threatening court action will be ignored

Kind Regards,

-------------

Dear Sir/Madam,

Please find enclosed a letter dated the 17th March 2008 to Hunter Forrest & Co. Despite my letter dated the 21st February 2008 – a copy of which was sent to you at the above address – they have failed to remit the debt back to you.

Until they do this, so you can substantiate your claim against me, I am unwilling to communicate with them any further. I feel they are acting unreasonably in this matter. Any further communication from them – except to confirm remittance of the alleged debt – will be used as evidence in my complaints under:

*s.8 of the Protection From Harassment Act 1997[/font]
*s2.6 (h) of the OFT’s Debt collection guidance: Final guidance on unfair business practices’
*and local Trading Standards

Kind Regards,
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Old 27th March 2008, 14:03   #14 (permalink)
Panthro
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Default Re: Civil Penalty Notice advice

They are relentless. Received a letter from the saying, had 7 days to appeal and that debt recovery agents were brought in. To correspond with debt agents despite me asking for them to substantiate their claim. This is the letter in response:

I acknowledge receipt and refer to the above dated letter.

The first I received notice from you claiming I owe you for this alleged debt was your letter dated the 21/02/08. The date of the ‘offence’ claimed by you in this letter was 20/11/2007

As in my letter dated 28/02/2008; I confirm I am the registered keeper of the vehicle in question. However, I refute your allegation that I owe money to yourself, or your representatives. The laws of contract are implicitly clear. You HAVE to reclaim this alleged date from the driver, not the registered keeper. Should this matter proceed to court; the Justice will query why you have failed to prove who the driver was

You (and your representatives) are acting unreasonably in this matter. I will ignore all correspondence from Hunter Forrest & Co and will make a criminal complaint under section 8 of the Protection from Harassment Act 1997 to my local police station

I will only acknowledge correspondence from yourself (i.e. APCOA) which confirms you have to evidence to substantiate your claim for this alleged debt. Therefore, do not correspond with me unless you can provide this substantiation

A copy of this letter will be sent to Hunter Forrest & Co, along with being used in evidence in my complaints against you and your representatives

Kind Regards
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Old 27th March 2008, 14:18   #15 (permalink)
Steve__M
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Default Re: Civil Penalty Notice advice

Save your stamps. Or use them to complain to trading standards etc. Either they're only writing to you because you are writing to them or they're not even reading your letters.
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Old 27th March 2008, 14:21   #16 (permalink)
Panthro
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Default Re: Civil Penalty Notice advice

Good point Steve, they don't even have the courtesy to send it first class! So why should I? Is it sad that I find it quite fun? Should the worst happen and it does go to court, suppose the JP would take kindly to me corresponding with them rather than ignoring, or would he?
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Old 27th March 2008, 14:47   #17 (permalink)
Steve__M
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Default Re: Civil Penalty Notice advice

In the unlikely event it went to court you will be able to point out that they haven't provided you with the evidence you are entitled to and that the debt collector ignored the fact that you were disputing the debt - you've already said you won't communicate with them till they provide the evidence.
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Old 3rd April 2008, 02:12   #18 (permalink)
distressed01
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Default Re: Civil Penalty Notice advice

What a carry on.... feel your pain.

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