Jump to content


  • Tweets

  • Posts

    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
  • 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
      • 160 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

CEL ANPR PCN claimform - Alexandra Retail Centre Tunstall Stoke On Trent


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1852 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

Hi My daughter has received a "Speculative Invoice" from Civil Enforcement Ltd.

 

I have seen somewhere about rules for the protection of freedoms act and have sent an email today to the DVLA to see when her details were requested and confirmation of who requested it.

 

Once i get this information where do we go from there?

 

The parking notice does not mention POFA at all. Are they required to mention it?

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Link to post
Share on other sites

  • Replies 151
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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

1 Date of the infringement 05/04/17

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 03/05/17

 

3 Date received 05/05/17

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] No

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? {y/n?] post up you appeal] Not Yet

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? Civil Enforcement ltd

 

8. Where exactly [carpark name and town] Alexandra Retail Centre Tunstall Stoke On Trent

 

they use the BPA Appeals process

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Link to post
Share on other sites

Regarding 2. That timeframe only applies for anpr. It's a lot longer for regular windscreen tickets

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

Hi

I am assuming this is an ANPR ticket because if it was a windscreen ticket, the NTK is too early

 

As it is an ANPR, they are out of time so ignoring is probably the better option. To make sure, can you post up all documentation ensuring you obscure all personal details, PCN number, Reg number but leave the times and dates of 'offence' viewable

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

Link to post
Share on other sites

typical CEL.

They have never really considered the law as being applicable to them,

whether that be contract law,

consumer law,

company law as far as naming those who have a controlling interest in their company, theft act etc.

 

I would wait for them to write again as the NTK is timed out and then tell them to sod off as they havent obeyed the protocols of the POFA.

 

When you find out WHEN they accessed the keeper details youi may have a claim for a breach of the DPA and a ccomplaint to the DVLA on this point wouild be worth making.

 

 

Let us know the date of their accessing the data when you have it.

 

I suspect that their next step will be a letter from Debt Recovery Plus

because CEL know they are out of luck but hope that you confuse a no-hope organisation dca with a HCEO

Link to post
Share on other sites

the NTK should have 2 photos entry and leave if its ANPR and say ANPR.

 

 

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

yes it has 2 photos - entry and exit, cant get a copy as yet as it is at my daughters house, but will try and get it a.s.a.p. and the photo she sent me isn't that good.

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Link to post
Share on other sites

Please get that letter, redact all personal identifiers, and post it up in full.

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

OK Here is the PCN, No reply from DVLA as yet

pcn.pdf

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Link to post
Share on other sites

As it's within the time to appeal, I'd be tempted to do so. Which has the added bonus of wasting some of CEL's money! laugh.png

 

Something along the lines of..

 

CEL.

 

Ref: PCN number:

Vehicle Index:

 

As the vehicle keeper, I would like to invoke your appeals procedure because your invoice was received on a Friday and I only pay invoices that are received on a Monday.

 

 

Unlucky! Please issue me with a valid POPLA code.

 

Recorded Keeper

 

 

Nothing more, nothing less. Send it as a letter (not email) and get a free certificate of posting from the post office.

 

When they do issue you a Hoopla code, you do a full appeal to Hoopla on the out of time, no keeper liability grounds. We'll be happy to guide you through that. CEL are, at that point, completely stuffed.

 

CEL already know that they're stuffed, they're just hoping that you don't wink.png

 

This is regardless of any result from the DVLA as that may form the basis of a separate complaint.

 

Can we also see the other side of that PCN/NTK please.

 

 

There is some important wording that they must include on it for it to be valid, it's not on the front, so we need to see if it's on the back. Ta thumbup.gif

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.

Link to post
Share on other sites

agreee,

what you can read on the first page is nothing that complies with the POFA or the BPA CoP

no it is worthless to them as an NTK.

 

When the time comes I would question the veracity of the images as usually you get a picture or the car entering and a picture of the car leaving so front and back number plates get read.

 

This is 2 front pictures and the road markings dont tie up

so could be random pictures from anywhere rather than a paired set.

 

She should go back there and photograph the entrance herself along with the sigange visible from the public highway.

 

Also note the site and direction of the cameras and that little sign her car is passing,

note where it is in relation to the highway etc

so direction of travel can be properly determined.

 

As said, CEL are the least honest of all the parking companies.

Link to post
Share on other sites

The reverse is blank

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Link to post
Share on other sites

Yet another CEL fail then. doh.gif

 

Just get that appeal off to them in the post then, so that they can hurry up and reject it and give you your HOOPLA code thumbup.gif

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.

Link to post
Share on other sites

There is some important wording that they must include on it for it to be valid, it's not on the front, so we need to see if it's on the back.

 

What information is missing please as i can quote this once it gets to POPLA stage?

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Link to post
Share on other sites

it wont get you anywhere at POPLA,

they are not allowed to consider anything the BPA doesnt let them consider.

 

Better off getting her to write back to CEL with a short letter saying

 

 

"Ashley, I am not falling for your con, go screw yourself or take the matter to court at your earliest opportunity where YET AGAIN the law regarding keeper liability will be explained to you at your own expense"

 

Dont bother being nice, it wont get you anywhere

Link to post
Share on other sites

Just for curiosity then. what info is missing?

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Link to post
Share on other sites

Just for curiosity then. what info is missing?

 

It's not just things that are missing, but other things that they've badly worded or 'hidden away' on the page as well.

 

 

The Notice which is to be relied upon to be a Notice to Keeper is compliant only if the following requirements are met.

 

Inform the keeper that the driver is required to pay the parking charge (POFA 2012. Sch 4. Section 9 (2)(b)). Whilst this information might be there, it's hidden away in the small print at the bottom and does not make it clear.

 

The notice does not state that the creditor does not know both the name of the driver and a current address for service and states that the keeper is "required" to pay the charge rather than "inviting" the keeper to do so. (POFA 2012. Sch 4. Section 9 (2)(e))

 

It does not warn the keeper as per POFA 2012 of the consequences if the amount remains unpaid after 28 days. (POFA 2012. Sch 4. Section 9 (2)(f)). What is there doesn't meet those requirements.

 

The NTK is also confusing in as much as the notice states both that "failing to pay the amount due within 28 days" and that "you have 28 to appeal" and misleading in that "POPLA will not consider appeals that have not been sent to them (us) first". This is misleading in as much as while you do need to appeal to the PPC first (to get a POPLA code) you do not have to appeal to POPLA on the same grounds as your appeal to the PPC.

 

Although the notice does name the creditor and their registered office address, it doesn't really make this information clear. I certainly missed it the first time that I looked at the NTK. (POFA 2012. Sch 4. Section 9 (2)(h))

 

It also falls foul of the POFA in relation to (POFA 2012. Sch 4. Section 9 (5)) in that it did not arrive within the relevant period (14 days from the day following the parking event), they've even printed this on the NTK themselves.

 

And finally from me, and only the DVLA would be able to confirm this, but looking at the date of issue of the NTK, I'd put money on a breach of (POFA 2012. Sch 4. Section 11 (1)(b)).

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.

Link to post
Share on other sites

Had reply today from the DVLA they requested the info on the 28th April. little bit late :lol:

 

Appeal sent waiting for popla code now

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Link to post
Share on other sites

Had reply today from the DVLA they requested the info on the 28th April. little bit late :lol:

 

Appeal sent waiting for popla code now

 

If they've got any sense, they'll just accept your appeal, no matter what you've written (yeah right!). Anything else is just going to be them throwing money down the drain.

 

But, I'd expect the usual from the PPC. They'll (try to) tell you that the NTK was issued correctly and in line with the Code of Practice for AOS members and that "after careful consideration" they have decided to reject your appeal. Anyone else smell cows?

 

 

As they had no reasonable cause to request your data from the DVLA, there's also a complaint there waiting to happen to the BPA (for breach of the AOS CoP), the DVLA (for their breach of the KADOE contract), the ICO (for the breach of the DPA against both the PPC & the DVLA) and a potential court claim for your Daughter against the PPC for the misuse of her personal data.

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.

Link to post
Share on other sites

  • 2 weeks later...

Well Surprise, Surprise, the appeal was unsuccessful.

 

Is there a standard letter for a POPLA appeal when they didnt request the info from the DVLA within the correct time

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Link to post
Share on other sites

Wonder if i should claim compensation for a data breach lol

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?478045-CEL-Data-Protection-Breach

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Link to post
Share on other sites

There's not really a standard letter for Hoopla, it's all 'click based' now on their website, unless you want to go down the paper & stamp route? Not really necessary with Hoopla.

 

Just select the appeal reason that fits best, I keep meaning to keep a track of these, but keep on forgetting.

 

So, something along the lines of...

 

My reason for appeal is that there can be no keeper liability as the operator has completely failed to follow the protocols of the Protection of Freedoms Act 2012.

 

I was not the driver at the time in question.

 

The date of the parking event was 05/04/2017

The date of issue of the NTK was 03/05/2017 (upload the NTK as part of your evidence to prove dates). Starting the clock from the day after the parking event that triggered this charge notice, this is 27 days. Well outside the 14 day limit afforded by the PoFA 2012.

 

The operator did not even request the keeper details from the DVLA until 28/04/2017 (confirmed by the DVLA themselves (upload the letter from the DVLA as part of your evidence)) which, starting the clock from the day after the parking event that triggered this charge notice is 22 days later, which proves that the PoFA 2012 has not been complied with and therefore no keeper liability can be created.

 

I therefore request that this appeal be allowed.

 

As for the breach of the Data Protection Act, if POPLA decide against you and CEL are silly enough to take court action against you, I'd definitely put in a counter claim and hit them in the pocket (again). The transcript of that CEL case in the other thread has been ordered and will be online as soon as it's received, so that'll be useful to have a copy of if they're that stupid! whistle.gif

 

We already know that they are that greedy, but it's whether or not they'd be happy to pay you another chunk of petty cash once you've won your counter claim spiteful.gif

  • Confused 1

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...