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    • 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.
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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.

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CP+ PCN .roadchef mway servs in Brum all night!!- We were not there ever


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Received a charge notice letter from cp plus saying that we were parked illegally in roadchef motorway services in Birmingham for 3 hours overnight .

 

We have never been to Birmingham .

 

The 2 photographs are grainy and the number plates are in a separate small box underneath .

These are not clear either .

 

It says that they have checked with DVLA .

A payment of £100 is required within 28 days .

 

Is this a [problem] .

 

How can they say we were parked somewhere where we have never been .

Any advice .

Thank you

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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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Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Ruddy table touch screen...done now:lol:

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 . Read this . The photographs on the letter they have sent showing a car , could be any car , the number plates are shown in a small separate box underneath the photographs . Can't see the number plates very well . Rang West Yorkshire police . They said cp plus are a legitimate company so ring them .

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No don't do that

 

Fill that link out please post the answers back here

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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Hi

Normally I would say ignore them but as this is a case of mistaken identity, I would send ONE letter but headed NOT AN APPEAL as they need telling that.

 

I would state quite clearly that this is a mistake and that you were never at the place they are claiming you were and that should they intend to use the courts to enforce this charge, you will ask the judge to award you costs for their unreasonable behaviour.

 

Also, they have breached the Data Protection Act by getting your details from the DVLA without just cause and you can sue them if you wish.

 

After sending the one letter laying out why they are mistaken, ignore everything apart from court papers.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I would flesh that out a little by informing them that as they have broken the law by wrongly accessing your personal information, that you will be making formal written complains to the DVLA, the BPA and the ICO for breaches of the KADOE agreement, the BPA CoP and the DPA.

 

That should get them thinking. Though the first two are rather toothless (unless the DVLA take any notice (which would make a pleasant change)), but the Information Commissioners Office has teeth and regularly bites :wink:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Thank you silver fox . Should I state in the letter that they have breached the data protection act .

 

I would say YES!

As CP+ are members of the BPA they should be informed as mentioned by Dragonfly. See what they come back with before going to the ICO. I bet they will try and brush their breach under the carpet and get you to prove you were not there (which you can't do)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Well, it would certainly be handy if you were at work in West Yorkshire, or had (provable) appointments in that area at the time. But even if you were (or did), don't mention those in any letters that you're sending to anyone. Save that for a rainy day if CP Plus are silly enough to take you to court. I'm not sure how often (if ever) CP Plus 'do' court.

 

But, if they don't believe you (which is likely) you can expect some threat-o-grams full of "If's" and "May's" from their pet DCA (spotty teenager with a laser printer on the next desk) if you don't knuckle down and pay up like a good boy. You can use those to line the bottom of the budgie cage as they're not worth the paper they're written on :wink:

 

Ultimately, they'd still have to take you to county court and win (unlikely) before you'd actually have to give them any money. And if you rattle their cage enough they may realise that you're not going to roll over and just file you in the 'too difficult' box and go and threaten someone else who's willing to throw money at them. That's mostly how they work :|

 

As for what you were told by West Yorkshire Police, I can think of many words to describe CP PLus and 99.5% of all of the other private parking companies, but "Legitimate" would not be one of them!

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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So if I write to them they will probably try to get me to prove that I was not there . What will happen then ?

 

You cannot prove a negative. This is the tactics they use when in fact it is they that need to prove you were there.

 

As you have stated the images are not very clear, they should be rechecking their data before chasing you.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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The alleged time which we were parked in the motorway services was 9.38 pm to 0.55 am on a Friday .

 

Not to worry, it would have been a nice bonus, but it's not essential

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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As said,

they will have to show an undoctored copy of their ANPR capture of both plates of the car in question.

 

It may be possible your plates were cloned but unlikely or you would have got a number of speeding tickets and the police kicking your door down by now.

 

Generally the mickey mouse systems they use aren't fit for purpose and have about a 30% failure rate.

 

As it was dark it just means that yours is one of those dud ones.

 

It would be interesting to see the NTK with suitable presonal details redacted as they probably didnt get the wording right anyway.

 

Once we have seen that we may suggest writing to them but there again we may say let them make the next move.

 

They are greedy and lazy so dont expect a quick solution

Edited by dx100uk
Paras dx
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