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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. 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. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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Ukpc windscreen pcn - Parked in Disabled bay - No BB - Valley Retail Park Croydon


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convert the 1st jpg to pdf please so we can zoom

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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I'd be getting back on to the leasing company and tell (not ask) them to get their act together, read the relevant sections of POFA and send a compliant notice to UKPC to transfer liability to you as the hirer.

 

 

And that if they decide to pay a non statutory invoice (do not use the words fine or charge) that they'll be doing so out of their own pockets as you will not be liable for it and that you're quite prepared to return the vehicle and cancel the lease due to their breach of their terms & conditions and thereby their breach of contract.

 

Call their bluff.

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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Don't think they can demand a letter of liability

The lease co. Did not enter into the game contract the driver did.

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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Share on other sites

When they issue tickets for the same thing to private individuals and that person tells them they have got it all wrong and invite them to do their worst UKPC go quiet.

 

They are only pursuing this beacuse it is a lease car and they think ( with good reason ) the lease co will pay up regardless and the fight between them and the lessee is of no interest to them.

 

You must impress on the leasing co that there is no bill to pay and if they pay on yoru behalf and then try adding it to yoru contract you will be taking them to court so it will cost them more in the long run than telling UKPC where to go.

 

If UkPC want to name you (or whoever) as driver them let them. There is still enoug wrong with their signage at that site to fight this

Edited by DragonFly1967
paras
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Ok thanks for the advice, I’ve emailed the lease company using the wording you provided. So far they have not responded or acknowledged my email.

 

I sent a second email asking them to confirm receipt of email - nothing

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  • 3 weeks later...

I mailed the letter to lease company (as advised above).

 

I've received two letters yesterday - 1) from the lease company chasing my Brothers company for payment of the invoice £100 + £15 admin fee from them (i.e. my Brother's co. has the contract with the lease car co. but I was the driver) and 2) a letter to my Brother's company from UKPC directly chasing payment £100.

 

I will upload snapshots of the relevant docs for your review asap today.

1 May letter to Company no.1.pdf

Edited by FantasticDay
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Their letter is a copy and paste form letter. The wording makes it seem as if they think its a local authority that issued it. They prob dont care if its a private unenforceable invoice. its just a quick and cheap letter they throw out.

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

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he can tell the lease co that as they gave his name and address out then 2 things are matters for them to consider.

 

Firstly, as it isnt a fine they are absolved from any liability under the POFA by naming him and therfore they no longer have an interest in the matter and they cant chage £15 for a non-event.

 

Secondly as UKPC have attempted to create a liability with him no-one should be contacting the lease co and to continue to do so breached the conditions of the POFA and that means they can sue UKPC for harassment and he will happily be a witness to this action and will claim his expenses for doing to as part of a costs order but should they pay up and claim the money from him he will sue them for breach of contract

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they don't understand the difference so blindly do it

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 there, thanks for all the advice , my brother is drafting the letter to the lease company.

 

I checked the agreement with the lease company (i.e. about passing data and 'fines and contraventions') see attached for your review.

 

My brother is happy to allow me to fight this ..but is worried about impact to his company CCJ etc.

 

Do you see any issue with the agreement?

How can I reassure my bro?

 

Thanks again for your help.

Snip from agreement with Lease Company_Data_and_Parking Fines.pdf

Edited by dx100uk
spacing
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No CCJ will ever happen if you follow the advice here.

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

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says FINE liability these are NOT FINES nor PENALTIES

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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indeed. None of that applies to your friend. Ther is no fine. There is no penalty. just a speculative invoice.

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

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they mention private parking companies- using what definition under the Road Traffic Act or other relevant legislation that apply to FINES. Even Companies House doesnt have a category for them so what are they exactly?

sloppy wording used as a get out by them doesnt make it an enforceable condition

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  • 3 weeks later...
  • 2 weeks later...

Hi there

 

So my brother’s company have received another letter from UKPC dated 30 May saying that if the anmount is not paid within 14 days they will pass to debt collection agency ...followed by Country Court if necessary (oh dear this is sounding very scary now).

 

In addition to this - the lease company has take £18 via direct debit.

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Then go get the £18 back by chargeback

 

a dca is not a bailiff

And have zero legal powers

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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Share on other sites

And the dca cannot start any kind of legal action.

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

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