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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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Maintenance on public land behind my fence


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There should be a council team you can phone about this. They might have it recorded to contact you to replace the fence panels that have been damaged.

 

With my local council they are very quick in dealing with things. Send them an email and you get a response within a couple of days.

We could do with some help from you.

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  • 1 month later...

Hi All,

 

well as I said in post 25. the council came and cleared basically the bit that I can see from my house, where the panels have been broken.

 

They wrote an e-mail to me to say

 

Please accept my apologies for the delay in responding to your email.

 

I am pleased to advise that our teams did visit the site on Wednesday 12th April to remove the rubbish and begin work on removing the brambles. Whilst we understand your disappointment, we believe that the fence at the rear of your property was already damaged prior to our work and this was not down to the pressure exerted by the ivy. Our team reported that the fence already seemed in need of repair and maintenance and our operatives were especially careful when removing the brambles and ivy, not to damage the fence further.

 

With this in mind, we do not accept the liability or responsibility for the replacement or maintenance of your fence. If you wish to pursue your claim then please contact our insurance section. For your convenience I have listed their contact details below

************

************

********

If you believe there is further work still to be completed, then I would be happy to visit the site with yourself at a convenient time to discuss what we can do and arrange any further work.

 

Thank you for contacting the Parks, Estates and Open Spaces team and if you have any further enquiries, please do not hesitate to contact me.

...................................................................................................................................................

 

Now I have taken further pictures, the area is no-where near clear, and my previous pictures show that you can't even see the fence under all the ivy and bramble let alone get to them to do any maintenance!!

 

I have taken a picture of another panel which looks in good condition, as it didn't get attacked by weeds! so I don't the actual fence would have broken if it hadn't been destroyed by weeds, ivy and bramble! but how did they expect me to do any maintenance when I can't actually get access to it from both sides.

 

And I have gone to the land behind the fence and taken further pictures as the work is no where near completed, they seem to say it is in their e-mail.

 

I don't see how their " operatives" can sya it needed repair BEFORE they pulled off the weeds as you could not see the fence!

 

Any help please?

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with regard to how clear it is, that is basically what is needed under public liability rather than waht you might want to see.

The issue of the fence is tricky because it was always in your powers to prevent the damage being done but ironically that may have lead to you being prosecuted for criminal damage to their weeds.

They have invited you to contact their insurers so i would. get a quote for replacing the damged section and then say that normal deterioration would have meant the fence would last for another x years so the loss to you is (cost of fence) / years expected life x actual life. so for example. fence costs £400 and is due to last 20 years that works out at £20/year. actual life of fence 10 years so damage = £20x10= £200.

you need numbers to be rational and reasonable for a like for like replacement so no brass knobs or gold paint.

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  • 2 weeks later...

ok I see. but how they can say there was already damage is a joke - you couldn't even see the fence it was almost completely covered, so there would have been no way for me to do any kind of maintenance on it from that side!.

 

Also they have completely ignored my question about the access to my garage and neighbouring garages, it runs parallel with the public access road and the land from the public path has slipped and created a bulge so that you can't drive down this route to the garages. they haven't even mentioned it, they have effectively blocked mine and my neighbour access off to our own garages - what Can I do about that?

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the you know what to do. You lay it all out before them in a letter with photographs and tell them what you expect (difficult on the shared access but as it affects you then you can take the lead on this), how much it will cost if you get the work done and invite them to make as ite visit as a precursor to a remedy. Give them a limite amount of time to respond otherwise you may take legal action to recover the costs of remediation. This may well mean you have to shell out to do the work first yourself but give them the opportunity to do something. Get a quote before you write so you both know what the amount is likely to be

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