Jump to content


  • Tweets

  • Posts

    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
  • Recommended Topics

  • Our picks

    • 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
  • Recommended Topics

Parking without permit....7 months on!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3865 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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
Link to post
Share on other sites

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

Link to post
Share on other sites

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.

  • Confused 1
Link to post
Share on other sites

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
Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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
Link to post
Share on other sites

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... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • 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

Link to post
Share on other sites

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

Link to post
Share on other sites

  • 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!!

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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....?

Link to post
Share on other sites

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!

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...