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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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Wrong car colour so is the ticket lawful ???


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I unfortunately got a parking ticket for overstaying on a ticket in Nottingham (expired time). Fairs fair I was in the wrong (chatting too much!), but on the ticket it states colour of car as Brown, when it is in-fact Red (a dirty red all beit!). (NB the reg number was correct though)

 

Can I refuse to pay under the premise the ticket had incorrect details?

 

Any help appreciated.

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I would think the ticket is invalid.

 

I once got a ticket with the wrong make of vehicle recorded - parking attendent had put down Hyundai when I drive an Honda. I challenged it with council stating that though the registration number was correct that if they checked they would see that the vehicle was an Honda. I didn't admit anything in my letter to them - just stated the facts and that the ticket was therefore invalid. I was successful - ticket quashed!

 

You might be in with a chance here as colour must be correct too. If your registration document states red then it's red. Nothing to lose by challenging it within 14 days. Wise to send letter by recorded delivery, only costs about a pound, then you have proof that you challenged within time limit. Good luck!

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  • 2 weeks later...
....but on the ticket it states colour of car as Brown, when it is in-fact Red (a dirty red all beit!). (NB the reg number was correct though)

 

If the colour of the car is wrong, then it's not only challengable, it's also invalid....BUT, the colours on the DAP (or preprinted ticket) aren't as vast as the coulours of the cars available today. This is why in training we are taught to put the closest colour to our personal knowledge as there are no 'off silvers' or 'slight greys'...'aqua-marine' etc etc.... silver/grey, blue/green (bluey green), red/brown....depends on the shade of your car. Without seeing it, it's really hard to tell. If for example your car was blue and he put brown, then YES, it's invalid. :)

But if your car isn't your average run of the mill, lucious cherry red, and it is in fact a dirty darker red, then brown may stand because on a technicality...there are no shades of red that can be added to a PCN. (or other colours that you can imagine.)

Try challenging it...you may get lucky. Get your car washed, take photos (in bright weather to make it look lighter) and submit them with your letter. Worth a shot perhaps.

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  • 2 years later...

I think you will be very lucky to have a ticket cancelled on the basis of colour alone.

What one person sees as red another may well see it as brown.

Good luck anyway.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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thanks for advice.as my wife was in a meeting she was 4 mins over time on the ticket displayed.the people who she was been interviewed by sent her a letter saying it was unavoidable she was delayed so i sent that off with the pcn.havent heard anything yet and that was monday.probably looks like im not getting away with this one maybe im clutching at straws.as my wife isnt working at the mo and we have two children maybe they can see our financial situation and maybe show a compassionate side.we are struggling with just my wage coming in.

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  • 1 month later...

It has often been pointed out that the colour of the car is not legally required although is usually included presumably to assist any doubt on which car was involved, so no, I think you will find this in itself is not grounds for appeal.

 

Informal appeals regarding wrong colour have somtimes been allowed which I would say would come under the reason of "council goodwill" (wow! there's a rare commodity) but if you appeal on this and get it rejected I would see little point in bring that alone to an adjudicator.

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  • 2 years later...
If the colour of the car is wrong, then it's not only challengable, it's also invalid....BUT, the colours on the DAP (or preprinted ticket) aren't as vast as the coulours of the cars available today. This is why in training we are taught to put the closest colour to our personal knowledge as there are no 'off silvers' or 'slight greys'...'aqua-marine' etc etc.... silver/grey, blue/green (bluey green), red/brown....depends on the shade of your car. Without seeing it, it's really hard to tell. If for example your car was blue and he put brown, then YES, it's invalid. :)

But if your car isn't your average run of the mill, lucious cherry red, and it is in fact a dirty darker red, then brown may stand because on a technicality...there are no shades of red that can be added to a PCN. (or other colours that you can imagine.)

Try challenging it...you may get lucky. Get your car washed, take photos (in bright weather to make it look lighter) and submit them with your letter. Worth a shot perhaps.

 

Sorry I'm new to this just signed up! I have had similar situation as I used my fathers car to go to my GP and I'm disabled . No parking facilities available for either disabled or otherwise near GP so I parked on a very wide pavement off the road but with plenty of room for fellow disabled access and walkway. The PCN stated the car is black but it is registered Silver. I sent an appeal and received a response with no reference to colour but instead they upheld the fine! Should I appeal further I will have to pay the full fine please help and advise what to do next - it is bad enough trying to park with a mobility problem and I would have had to park a very long way from the doctors . I was not restricting or obstructing anything and all four wheels were on the very large pavement where you could have parked 2 vehicles! What can I do?

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I was not restricting or obstructing anything and all four wheels were on the very large pavement where you could have parked 2 vehicles! What can I do?

 

Footways are designed and constructed for pedestrians not for use as a car park, it costs Councils and utility companies millions a year repairing the damage caused to footways and underground pipes/cables. A footway is usually contructed of a concrete paving slab resting on a bed of sand if that was a suitable surface to use for cars roads would not be several feet of hardcore and concrete topped with tarmac.

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I wouldn't appeal further as you'll forfeit the discount and are unlikely to win. I don't really understand why you had to use the pavement, but if you really had no choice, that would be a better line of appeal in my view.

 

Hi,thank you for your advice. There really was no choice - no parking spaces available in the vicinity and the pavement is wide enough for two cars parked sideways. In fact residents are allowed to park on the pavement at specific times in the same road! I will pay reluctantly to avoid high cost of ticket I guess - it is so unreasonable as there is only one disabled bay at the front of the doctors. It was in Barking and disabled bays have disappears in the last couple of years! I think I will write to the MP as it looks like new plans for the area will mean further problems for the disabled. If abled body would just understand how difficult it is for the disabled and not park in disabled bays that would help! Especially at supermarkets!

Thanks for your help

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Footways are designed and constructed for pedestrians not for use as a car park, it costs Councils and utility companies millions a year repairing the damage caused to footways and underground pipes/cables. A footway is usually contructed of a concrete paving slab resting on a bed of sand if that was a suitable surface to use for cars roads would not be several feet of hardcore and concrete topped with tarmac.

 

Hi Green and Mean - please c my response below -- parking is permitted for residents on the pavement at certain hours!

This is because there is just nowhere else to park for residents, visitors or those attending doctor appointments. Thanks anyway

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Hi,thank you for your advice. There really was no choice - no parking spaces available in the vicinity and the pavement is wide enough for two cars parked sideways. In fact residents are allowed to park on the pavement at specific times in the same road! I will pay reluctantly to avoid high cost of ticket I guess - it is so unreasonable as there is only one disabled bay at the front of the doctors. It was in Barking and disabled bays have disappears in the last couple of years! I think I will write to the MP as it looks like new plans for the area will mean further problems for the disabled. If abled body would just understand how difficult it is for the disabled and not park in disabled bays that would help! Especially at supermarkets!

Thanks for your help

 

This is something which should be raised with the local council. They should look into installing more disabled bays, as per the requirements of the DDA. It is often the case that councils are simply unaware of issues like this, until someone brings them up and requests they take a look.

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  • 11 months later...

I recently parked on a double yellow line whilst displaying a blue badge, by mistake i overstayed my 3 hours & was issued with a penalty notice.

My car is gold coloured & this is plain to see on the evidence photographs, however the ticket states colour as silver.

being very new to this situation, i am wondering if i should challenge this fine ?. or do i just save time & pay up.

any advise would be appreciated.

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I recently parked on a double yellow line whilst displaying a blue badge, by mistake i overstayed my 3 hours & was issued with a penalty notice.

My car is gold coloured & this is plain to see on the evidence photographs, however the ticket states colour as silver.

being very new to this situation, i am wondering if i should challenge this fine ?. or do i just save time & pay up.

any advise would be appreciated.

The original thread is over 3 years old so maybe better starting your own thread.

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