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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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Parking without permit....7 months on!


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Last September whilst visiting my daughter in Edinburgh, I parked without displaying a permit (not knowingly..I had placed it on the dashboard and assumed, as it was very windy that night when I parked and dark, it blew out of the car without me noticing).

Anyway, at 7 o'clock on a Sunday morning a parking ticket was put on the windscreen asking for £70. I hadn't paid this and had no further correspondence about it until 2 days ago when I received a letter from a recovery agency, now wanting £140! The day after the letter arrived this was followed by a phone call from same recovery firm. My husband is the named keeper and he thinks I should pay it. What do you think...I am mystified why it would take them 7 months to follow this through .

Should I not have had letters from the parking people themselves before involving a 3rd party?

I would welcome any advice from those who know better than me. Thanks.

Edited by Mousiemouth
typos, inaccurate in places
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Mouse over the word ignore and follow the advice given. I'm not sure about scotland, but In England and wales, it would be VERY stupid for a parking company to send it to a DCA and claim it is a legitimate debt.

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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the law in Scotland makes it even harder for the parking company to try and enforce its contract and they should know that. There is also no law of trespass in scotland so they cant claim for damages by trespass either. How did they get your telephone number- If you are listed in the phone book then that would explain but if it isnt they have breached the Data Protection Act.

Write to the DCA and tell them that the debt is denied and any further phone calls or demands from them will be treated as harassment and will result in both civil and criminal procedures against them.

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the law in Scotland makes it even harder for the parking company to try and enforce its contract and they should know that. There is also no law of trespass in scotland so they cant claim for damages by trespass either. How did they get your telephone number- If you are listed in the phone book then that would explain but if it isnt they have breached the Data Protection Act.

Write to the DCA and tell them that the debt is denied and any further phone calls or demands from them will be treated as harassment and will result in both civil and criminal procedures against them.

I don't know where they've got my phone number from as I'm not listed in the phone book. The letter I have is from TNC Parking Services, acting on behalf of their client, P4 Parking. I think they are a debt collection agency with a 'parking services' division. The wording on the letter says '...their client P4 has instructed them to make recovery'.

I read that a NTK has to be issued not later than 56 days after the NTD, since 7 months has elapsed since the NTD, and this is the first letter received, does that make their demands nul and void? Thanks to all for your advice.

Edited by Mousiemouth
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Ignore them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The fact that it relates to parking charge from a private company, you can either ignore or challenge the legitimacy of the claim in writing. You are under no obligation whatsoever to engage with debt collectors and they can do nothing other than make boring noises.

Can you remember precisely where in Edinburgh you received this charge and I will look further into it.

 

Furthermore there is no obligation in Scotland to name the driver. Therefore he could argue harassment with whoever appointed the parking agent.

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The fact that it relates to parking charge from a private company, you can either ignore or challenge the legitimacy of the claim in writing. You are under no obligation whatsoever to engage with debt collectors and they can do nothing other than make boring noises.

Can you remember precisely where in Edinburgh you received this charge and I will look further into it.

 

Furthermore there is no obligation in Scotland to name the driver. Therefore he could argue harassment with whoever appointed the parking agent.

 

Thanks for that Crocdoc. I was parked at Springfield st, Eh 6 if that helps. Do you know if I am right about the timespan in sending a NTK?

Edited by Mousiemouth
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totally ignore them in Scotland

 

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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Thanks for that Crocdoc. I was parked at Springfield st, Eh 6 if that helps. Do you know if I am right about the timespan in sending a NTK?

 

The timespan is only set by the British parking Association who are of no importance as they are merely a represenative body of the private parking operators.

Both of these comanies you mention are Members of the BPA, the address provided in Dalry /Gorgie is as far as I can see managed by P4. TNC as you rightly state are merely debt collectors and have no legal status of any description, furthermore you are under no obligation whatsoever to engage with them. The only problem you may have is repeated phone calls, however you can always let them listen to Jeremy Kyle on the telly which in itself should drive them mad in a reasonably short period of time.

 

You have two opitions, simply ignore as DX states.

Alternatively you could write and deny all liablity, then of course you could argue harrasment if the collection calls persist.

 

Many people in Scotland have tried and failed to get these companies into court. As it stands there is nothing they can do apart from make threatening noises.

 

I hope this information is of assistance.

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  • 3 months later...
Thank you for that, another call today so a letter is on the way making all the points shared here.

 

Hello there,

 

Got done in exactly the same place and got the £140 demand letter from TNC. How did you get on with them? Did you get off with paying after you sent the letter? Our employees both never seen any signs.

 

Hopefully hear from you soon

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Hi mak. WHat country do you live in? There is different advice for you depending whether you live in scotland or england.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 3 weeks later...

I'm having the same sort of problem.

 

I was parked in Edinburgh on private land but on the road,

not in a bay or on any lines and I wasn't causing an obstruction.

 

I'm guessing I got the ticket though as it's still their land.

 

I received the parking ticket from p4 parking which I ignored as advised.

 

5 months later I got a letter from TNC parking services demanding that I pay £140.00 or challenge the matter within 14 days.

 

I wrote to them explaining that I was on the road, but received another letter before my 14 days were up demanding I pay within 28 days

or they'd pass this matter over to their litigation department.

 

Some people say to just ignore it but they know I was the driver so does that make it easier for them to take me to court?

 

Also will the charge go up before I receive a court letter.

 

I'm not sure about the Scottish law when it comes to this so any advice would be great!!

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as post 10

 

now ignore them

willy waving

 

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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Still get calls from TNC but not as regular. Follow the advice offered on here, it's sound and sensible. Whereabouts were you parked (don't say exact street). How would they know it was you that was driving....?

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The advice on here has been great!

 

but I stupidly sent them a letter explaining that I was parked on the road in the Leith area

but not in a bay or on lines so they can assume now that I was the driver.

 

I got another letter today saying final demand for payment and that I have 14 days to pay

( my 28 days from the last letter isn't even up yet)

 

They said they'd recommend their clients to take legal action and legal action will be taken.

 

I'm just worried now that because I sent them that letter, it will now be easier for them to take action.

Thanks for your help!

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matters not what you sent

 

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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As stated, the law in Scotland is defferent to that in England and Wales so you will not be taken to court because the parking companies are not THAT stupid so they rely on bullying and fibbing to get you to pay up. Again, telling them you were the driver makes no odds as the Protection of Freedoms Act doesnt apply in Scotland either.

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