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    • 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.    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. 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. 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) 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. 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. 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. 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.   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.  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. 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.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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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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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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I am running late on this one, I have to have my defence in by Wednesday.

 

Name of the Claimant UK Parking Control Ltd

claimants Solicitors: SCS Law

 

Date of issue – 06/04/18

 

What is the claim for – the reason they have issued the claim?

The claimant claims from the defendant the sum of £800 in respect of unpaid parking notices issued as a result of the defendant's breach of terms and conditions of parking at a site managed by the claimant.

I will provide the defendant with seperate details particulars within 14 days after service of the claim form.

What is the value of the claim? £800

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? UK Parking Control Ltd

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

There are 5 seperate notices that were issued.

I knew nothing of the first 4, the 5th I did and I appealed as they got the make of my car wrong and the signage was poor.

I heard nothing back and forgot about it.

 

 

A few months later i received a letter from a DCA and i explaiined the situation, they said I missed my appeal time and I had to pay.

I then ignored them.

 

I wasn't the only one that used my car, others had access to it.

 

I've attached pictures of the letters below.

Apologies, no matter what I tried I couldn't get picture 4 the right way round.

 

What do you suggest defence wise please?

 

Thank you

Edited by dx100uk
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can you pop all your uploads into ONE multipage pdf

read upload

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 expect that site team member: DX will be along soon. However, in the meantime, I see that you say that the car had several other drivers – but on the POC it says that you admitted being the driver.

 

Also, have you acknowledged this claim? Also it seems to me that the time for defence might have expired

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Hi Bankfodder. I appealed just the one notice, I've had no discussion with then on any of the others.

 

My calculations puts day 33 as tomorrow. Have I calculated wrong?

 

Claim was acknowledged in time also

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I don't know whether you calculated incorrectly – but if it is 33 days then I'm pretty surprised that they haven't put in for a judgement – and they may well have done. What has been happening in the past 28 days that you have left it till now to come to us?

 

I don't really understand when you say – that you only appealed one. In the particulars of claim is says that you admitted being the driver on all of the contraventions. It would be helpful if you would give us a bit more detailed advice without having to cross examine you please. You really don't have much time if you're going to do anything about this – assuming that something can be done.

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I go away with work often, I didn't pick up the letter from the court until 23/04. I then acknowledged the claim with gave me until 09/05. My then few days away turned into a week.

 

I've only even had correspondence with ukpc about 1 of the penalty notices, this one I appealed. I'm guessing by me appealing it admits to being the driver on that one occasion.

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So I take it that it is not true that you admitted being the driver in all cases.

What was the basis of the appeal that you made?

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And did you get any Notices to Keeper? What correspondence have you got from them?

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Defence is due today 8th May....33 days from and including the 6th April.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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I'm not massively up on the situation with private parking at the moment and I'm hoping that DX will be along soon who I think is much more current with this kind of thing. I have one or two ideas but I'd like to discuss it with DX first. Certainly you need to get a defence in before 4 o'clock this afternoon

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Ok, hadn't realised it included the 6th.

 

Will I need to provide photos at this point of poor signage and the error on the penalty notice?

 

No that comes later in the process when you submit your witness statement and evidence.

 

Just an initial defence today

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Well make sure that you engage closely with the thread. If DX doesn't come along today then we'll work something out together. It certainly sounds to me as if there are grounds for defending. You wouldn't have much to lose except you could be required to pay the reasonable costs of travel.

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Will do, thank you.

 

I'm viewing it at the moment that I'll have to pay and if I don't it's a bonus. Rarely do I let others used my car now, not having this happen again.

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they havent provided details of the claim so where exactly did you acquire all of these tickets? if it was outrside your house then saying you werent the driver wont cut the mustard BUT the chances are that they dont have any rights ot enforce anyway.

 

You dont need reams of detail in your defence at the moment so just a couple of lines that go like

 

1. the defendant does not believe that the claimant has the authority by way of a contract with the landowner to enter into contracts and make civil claims in their own name.

 

2 in any case the sigange at the site is insufficient to offer terms for the defendant to consider and accept as a contract and to be bound by their terms.

 

3 The defendant denies being the driver on 4 out of 5 of the events in question and as there is no keeper liability created by the POFA 2012 and the claimant is stating they are pursuing the driver then it is put to strict proof as to who was driving at the time for each and all of the events.

 

You then have to pull your finger out and find the evidence that sits with this now,

so all of the paperwork and the dates it arrived at your home,

detail of the wheres and when,

pictures of the sigange and the entrance to the land and if it is a residential development we will need to knwo what the terms of the leases/tenancies are regarding parking and this is NOT what ther managing agents say but waht is down in the head lease

 

FAX this to court or use moneyclaim online and also fax

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It's a road in the town centre behind a few shops. Cars are always parked there as the signs aren't visable unless you go quite a way down it. I found this out after I received the penalty notice. I took photos then too.

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I think there are some more substantial arguments than this.

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I'm in the middle of drafting something for you now – but is it my imagination or was this company recently banned once again from accessing the DVLA database?

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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