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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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    • 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.

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Armtrac Security windscreen PNC - Over stay at St.Ives


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DF, this is soooooooo much better than back to back eastbenders.......when you say it like you do, it really is crystal clear, they tie themselves up in their own BS and legal jargon, AWESOME!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Now Will and John, owners of the International Parking Community have threatened some people for misquoting the name of their organisation as the Independent Parking Committee (which coincidentally happens to be the previous name)

 

so Armtrac are in trouble for claiming to be a member of an ATA that doesnt exist and could well be sured by Gladstones for pretending to be an accredited operator of an organisation that doesnt exist but whose name is a trade mark.

 

Comment has been made about the signs,

the blue one with a big P on it is taking the P,

it is an invitation to treat so not an offer contract as there are no contractual terms.

 

The red one offers parking at £100 but this clashed with the blue tariff board that says you pay £1 or so and has a penalty charge for parking other than accordance with the terms BUT these terms are the precise terms you are ALLOWED to park under on the red sign for free!

 

so is that a flat fee of £100 reduced to zero if you park badly or £1 increased to £100 if you park badly?

You dont have to accept either of these sets of terms anyway because the signage fails to meet the standards laid down by the POFA and the worst that can legally happen is the landowner asks you to move.

 

So you want to appeal to a company that gets things this badly wrong and hope they take any notice?

they really cannot find their own backsides with both hands so good luck with that

 

looking on the bright side, it does create a paper trail and shows how unreasonable any action they decide to take afterwards si as they have been told they are talking cobblers.

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  • 2 weeks later...

I did post them a letter stating:

 

I am the keeper of vehicle xxxx and am in receipt of your Notice to Keeper xxxxx

 

The NTK fails to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012, namely, but not limited to, section 8 (2) (f) in that a warning to the keeper has not been made.

 

I agree with you that the the driver is liable for this charge but I, as the keeper, can not be held liable for the actions of the driver at the time. There is no legal duty to identify the driver and I will not be doing so.

 

I have, as requested, passed your NTK to the driver and they may contact you about this matter. Consequently I do not expect to hear from you again other than to confirm that no further action will be taken against me on the matter.

 

Received a letter back from them, I went to the website to view the photographic evidence but it's nowhere to be found!

ketter.pdf

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Just the usual waste paper. File it.

 

With the signage that you've already posted, there's not a chance on earth that they'll win a defended county court claim, so let them waste their money while you sit back and laugh at their ineptitude :lol:

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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You should NEVER agree with them that the driver is liable, who are you to say that given that you cannot create a third party contract nor force someone into a criminal compact.

 

If their procedures were close to being POFA compliant this sort of statement may well be taken at face value and having agreed with then that the driver is liable you leave yourself ope to a civil tort if the driver doesnt agree with you on this but is put to expense to argue against it.

 

This is why we say ignire them when they get things wrong, let them make the errors rather than you putting your foot in it. However, as they are so incompetent this will never see the light of day even if they do try their luck so you can ignore them and do so this time.

Edited by DragonFly1967
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  • 1 month later...

What's the problem?

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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this is not a lba, just a threat to pass the matter on to a dca (ooh scary!) or to Gladstones the incompetent solicitors who own the IPC ( well own a company that calls itself the international Parking Community because they are too incompetent to actually register their name as a trade mark so that tells you a lot about how good they are).

 

You have already told them they are wrong so no need to tell them again, let thek spend their money getting someone else to fail to get you to pay up.

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  • 3 months later...

Hello,

have you got any further with your Armtrac issue?

I have one of my own which is proving to be very upsetting.

 

I parked in one of their Hayle car parks last June 2017.

I purchased a ticket, put it right way up on dashboard, checked it was visible.

 

When I got back to the car I had been issued a parking ticket.

I checked the time and I was inside the allocated period

 

I wrote to them thinking there had been a mistake and the fine would be rescinded.

Instead I was told that I had not stuck the ticket to the windscreen as the signs dictated and the ticket was not clearly visible.

 

I had taken photos to prove it was, but it was clearly visible from standing by the windscreen and not from in front of the car where Armtrac had taken the photo.

 

In my naivety, I still thought this an error that would be resolved easily, so I appealed to the IPC.

Again I was ruled against.

 

I called Armtrac and said I was not going to pay a fine as I had proof I had paid appropriately plus the amount they were claiming was disproportionate and inappropriate.

 

I heard nothing more for nine months, until out of the blue I received a Letter before Claim from Gladstones.

 

I moved house three weeks ago, so they do not have my correct address, but in the move I threw out the parking ticket and letters thinking I would hear nothing further (I still have the photos though)

 

It has been 13 months now and I am very unsure what to do.

I did however act correctly, pay the correct fee and enter into dialogue to try and sort this.

Please help!

Thank you

Edited by dx100uk
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hi ya

please start a new thread

of your own

this one is for advising Jim Rogers

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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you need to contact Gladstones in writing (never email) and tell them that you deny owing any monies as their terms were not breached and Armtrac are as likely to win a court claim as England are to win the world cup retrospectively. Abusing their position as the parking worlds worst solicitors and owners of the IPC should make them ashamed of themselves but it is well known that Gladstones have no moral comass so you suspect that they will try and persuade Armtrac to try their luck in court as it is all money for them even when they lose their clients money.

 

 

Dont be shy, they arent just the next taxi on the rank, it is in their interestes to try it on.

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