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    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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Rogue company Parking Control Management


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Patrick Troy, chief executive of the BPA, said that a member of staff would be visiting PCM to check that it was complying with the code. He said the BPA preferred to work with member companies and give them the chance to change their practices rather than fining or expelling them.

 

It's a pity the BPA members don't prefer to apply a similar approach to people alledgedly misusing a car park instead of fining or expelling them (banning them returning) for these apparent misdemenours! :D

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Mr King said that motorists ticketed or clamped on private land should have the same right of appeal to an independent body as drivers who were fined for parking offences on public roads.

 

King's missing the point entirely. How can there be an appeals process? It would mean overturning centuries of contract law.

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Mr King's organisation is an insurance company-sponsored former 'motoring' organisation with no members. That said, it is interesting that they are only commenting on those situations where you are a victim of extortion - you don't get YOUR property back unless you pay money to the people who took your vehicle.

 

Since clamping in Scotland was outlawed on the basis of it 'depriving the car owner of the full enjoyment of his purchase', this has the added benefit of stopping firms lifting vehicles from private property, as the same situation occurs. This just leaves Scottish drivers with the prospect of private tickets, and we all know how to deal with those. :)

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  • 4 months later...

hi there, I dont know if this threads a wee bit old now but I am about to have a legal tussle with these lot!

 

Funny though because PCM ltd went under a few years ago and miraculously PCM UK Ltd appeared. The latter has also now in liquidation but still trading in the same manner.

 

Coincidence or just a jinxed company name maybe?

 

They will be my little warm up court case before i tackle far bigger banks ;-)

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Can you tell me how you know they have gone under? I ask as their website has now gone down and I'm trying to pursue them for a fine settlement. Cheers:grin:

 

Companies house website contain details of insolvent companies and those in a Company Voluntary Arrangement, but be totally sure you look for the correct company. Often a company goes under with big debts then reopens under a near identical name and carries on again:mad: Also the insolvency service might have a record too.

 

Just for the record:

Parking control management limited is insolvent and shouldnt be trading at all.

Parking control management uk limited is in a CVA and still trading

 

pcm-uk.co.uk is live but empty, but they are hiding their address which is a breach of the law i believe (but dont ask me which one off the top of my head)

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Aha, Lamma thats the one.

 

Interestingly its an offence to make the company address invisble like this punishable by a level 3 fine.

 

Im sure they have been trading for at least a couple of years so the fact the website is still under construction suggests they have committed the offence under S7(2)© for years on end :eek:

 

Curiously under S9 they must reveal their address if you write to them.... err but to what address does one write to?!?!

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It's a pity the BPA members don't prefer to apply a similar approach to people alledgedly misusing a car park instead of fining or expelling them (banning them returning) for these apparent misdemenours! :D

 

In short BPAs business model is licencing out their logo. nothing more.

 

Intrisically voluntary 'regulators' cant work because they cant punish their 'customers' who pay to licence their logo who would just threaten un-join their membership. They are also often set up by industry insiders to pretend legitimacy to their conduct.

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They did have a fully functioning website a few weeks back which made them look like an A1 firm. ISO badges, BPA logos, plus others. Does anyone know when they entered a CVA?

 

I cant remember off the top of my head, but it may be a year or so ago- companies house website Im sure says if you hunt around. The firm overseeing their CVA is the same firm who was the administrator of the predecessor company would you believe.

 

Looking at the BPA website I do wonder what the link between the two are as it maybe more than just association and member relationship....but who knows for now :rolleyes:

 

Has anyone ever corresponding with PCM UK and how did they respond?

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  • 1 month later...

I got nowhere with them, and now that they're in a CVA there does not seem much point taking them to the small claims court, chances of a refund, nill...

 

Never use private car parks, lesson learnt! especially those operated by this firm, although they'll probably be changing their name again at some point soon

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  • 3 years later...

This company behave like hooligans, I have seen them clamping aggressively in the past, now clamping is being outlawed their revenue is diminished and they are under financial pressure.

I hope Mr Ian Cordingley has to find employment in a proper job

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