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    • An update to this case as I’ve not been on in a while.    I am still awaiting a charging decision in the case. The two police officers involved have said their personal belief is a section 47 ABH charge is the most likely outcome but this isn’t a sure thing of course.    The EA certificate from the issuing court has now lapsed. The court have refused to recertify him until they’ve had a hearing in to the case, and the district judge has issued orders to surrender all evidence, footage, photos etc.    I have done so promptly.    the EA, not so much . Equita have claimed they cannot provide his bodycam footage as the camera he was wearing is the EA personal one not one of theirs.   the EA has claimed he has asked Equita and the police for the footage as he claims he doesn’t have it.    the police have confirmed they didn’t seize his camera and they don’t have it.    so they are basically pointing the finger at each other all the while failing to comply with the district judges order to provide all evidence they intend to rely on at the rescheduled hearing.    The district judge has stated the hearing for his certification will NOT be the hearing for my complaint as there is no charge as of yet, and just as to whether he should be recertified or not.    I’m not 100% on why that can’t be done at the time, but I’m not about to question a judge…..      
    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
    • Please see my comments in orange within your post.
    • 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.   House or Flat? 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. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. 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. Again, points as above. 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) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. 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. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. 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. Redact and scan said evidence up for others to look at? 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. So this is dealt with then. 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.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. 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. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. 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. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. 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.  
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Harsh NCP Ticket...


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Evening all,

 

I was considering just paying the ticket i received recently but the more i thought about it the more i thought it was unfair / very harsh. So i thought i would have a dig around on the net and came across this place.

 

briefly, the circumstances of how i ended up with a ticket are:

 

I arrived at brentwood station car park run by, and google tells me, owned by NCP.

 

It was fairly busy in one section of the car park, i am very picky about parking my car next / close to other cars so i bombed down to an area without many cars in it at all and picked a spot on the end of a row of bays. I did pass a signed about permits but thought that it was only for the bays directly by the sign. It would seem the permit area was from that sign and beyond to the end of the car park! Anyway, i bought my ticket for the day (over paid as i didn't have the correct change) and went about my day. came back and bang, i have a ticket for 75 notes on my wind screen!!! Anyone that has been to brentwood station car park (the massive one that's actually across the road from the station itself) will know that it is huge!! Accepted i parked where i should park, but to say that i caused them losses by paying for a space, parking in a permit spot is beyond belief. Notwithstanding that, there is acres, and i mean acres of car parking spaces that do not get used by the permit holders on a daily basis.

 

I have done some reading on this forum, and have come across the wording below. Firstly, do people here think i should have a go and defend the ticket? Secondly, what is the best reason / avenue to go down? i think proof of loss as i paid up and to my mind they lost absolutely nothing by me parking in that spot for the day!! A guy i know gave me a letter which was more about legal fiction, and no contract blah blah, but i wasn't convinced by this as i didn't full understand it (and i don't feel confident defending something with a letter i don't really understand should i need to them back it up further) he also said that signing an appeal letter means you have entered into a contract with the??

 

anyway, below is the wording i found on here, just to show that i have done some reading! :smile:

 

"Please read through the forum and get to understand what the arguments are.

Your defence will basically be

that you deny that you are indebted.

You deny that there was any contract.

That even if there was a contract, any term which they are attempting to rely upon is an unenforceable penalty because the money they claim is in excess of any administrative losses which may have been caused by you.

That the term they are trying to rely upon is also unfair under the Unfair Terms in Consumer Contracts regs. for the same reason - and therefore invalid.

 

And that in any event, they are not the owners of the carpark and furthermore they have no interesticon in the land which entitles them to enter into any contract or to name themselves as a claimant in the proceedings -

and furthermore, they do not have any authority from the landowners to bring any proceedings.

 

However, before we settle this.

Please lay out the exact facts - including who what where nature of signage etc.

 

In the meantime, write a letter to them - recorded and tell them that you want

details breakdown of any losses which they say were sustained by them and which they say were caused by you.

details of any losses which have been sustained by the landowner and which they say were caused by you

Evidence that they have the locus standii to sue you - and also written evidence that they are authorised by the landowner to do so.

 

Tell them that you will be defending their claim and that you will be informing the court that you have made these requests and that if they refuse or fail to provide you with the information, that you will inform the court of that refusal or failure."

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its a speculative invoice .

 

also NCP rarely if at all do court.

 

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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did they send the popla thingy?

 

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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Evening all,

 

I was considering just paying the ticket i received recently...... Anyway, i bought my ticket for the day (over paid as i didn't have the correct change) and went about my day. came back and bang, i have a ticket for 75 notes on my wind screen!!!."

 

 

 

What is the exact date of recently? Has any contact been made yet with NCP?

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I would make NCP work for their money by first of all appealing to them pointing out that you have paid the prescribed fee for the day and therefore you have caused no loss to them by parking as you did. Secondly, point out that the signage for the permit parking is inadequate and as such you have not breached the contract because you were ignorant of any contractual obligation due to the deficient signage.

They may well reject your appeal but are obliged to give you a POPLA reference number. You can them appeal to POPLA and the reason for your appeal will be that NCP failed to show how a loss was made by you paying the prescribed fee and that no claim for damages breach of contract can occur where contract conditions were not made clear at the time.(Olley v Marlborough Court Ltd 1949 and others). The only damages would be the price of the parking permit so they havent lost a bean.

Finally, if that isnt accepted by POPLA you can feel free to ignore NCP anyway as they will be hammered in court if they tried claiming what they havent lost.

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nope

 

Well you wait and see if you get a NTK in the post between 28- 56 days from 27th Nov.

In the meantime you can read up on the private parking industry....

Edited by armadillo71
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  • 1 month later...

hi, thanks for your replies. I Now have a notice from NCP.

 

I was thinking of writing and refusing to pay on the basis that i paid for a ticket, teher was acres of spaces and they have suffered no loss as a consequence....

 

or should i just ignore it?

 

Thanks

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No. They referred to popla on the ticket. i haven't appealed to anyone. i was waiting to see if i got a ntk, which i got a few days ago.

 

If the 1st correspondence through the post from NCP (NTK), is more than 56 days after the windscreen ticket(NTD), then they can't use POFA for keeper liability.... They can only go after the driver, and they don't know who that is!

Appeal as reg keeper saying you are not liable and under no obligation to name driver.

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Think about this before you "fire all your bullets" ( Other CAGGERS will advise first )

Reply to NCP re. ericsbrother #9. This WILL get rejected...(that's the SUCKER punch).. because they then HAVE to issue a POPLA no. Cost to them £29.50.

Then you appeal to POPLA with "It's timed out"

You only write as the RK.

RESULT

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ps: i received the notice on the 27th January, more than 56 days later.....

27/11--- 27/01... I make it 61 days...timed out

 

 

 

 

What is the issue date on the NTK though?

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  • 4 weeks later...

Date of the windscreen ticket, or "contravention" is the 27th November 2013.

 

The post date of the NTK was the 24th/01/14 (Friday) with the "date this notice is given" being the 28th January 2014. I actually received it on the 27th, which was the Monday.

 

I've just sat down to write a letter and I thought I would check this thread again before i actually go for it.....

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Hi all, today is the 27th day so i am looking to get something in teh post today..... Is the general consensus that I should appeal first as suggested, get a popla and then state that the notice to keeper wasn't issued in time? Or do i simply write stating that the NTK was not issued in accordance with the POFA and assume there is nothing to answer?

 

Cheers

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You cannot appeal because they havent given you a POPLA code. They havent issued one because you havent appealed to them. You havent appealed to them because they are timed out on issuing the NTK and therefore cant claim against you as the keeper of the vehicle. DONT DO ANYTHING unless you get another letter and then you tell the parking co that they were out of time for claiming against the keeper of the vehicle under the PoFA and can go whistle and any other correspondence will be considered as harassment and you will consider civil remedy for that..

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