Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

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Patricia Pearl - Small Claims Procedure - A Practical Guide


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  1. #41

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    not to you unless you were driving a lorry at the time


  2. #42

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
    Winston Churchill
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  3. #43

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    the defendant won that one so what are you on about? make it clear so we can advise rather than throwing in apparently random court decisions and asking for opinion on them


  4. #44

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    If all you intend to do is lambast, please do not post on my thread again. If you'd took notice I stated that par 14, 15 of the stated judgement made sense.

    Its a parking chargeicon, it is not a big issue to me whether it goes to court or not. I have issued claims against bigger fish than a small parking company and had fun doing so.

    An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
    Winston Churchill
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  5. #45

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    Ericsbrother is an excellent advisor and has helped many people to win cases against these people. It would be unfortunate for you if you lose him.


    HB

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



    If you are asked to deal with any matter via private message, PLEASE report it.

    Illegitimi non carborundum.

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  6. #46

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    It all makes sense but I fail to see the point you are trying to make so it is relevance that is the issue. We are 62 posts into a thread and it is still as clear as mud as to what you want from this forum.

    We know you have won another case but you are still dancing in a minefield so tell us WHY the 2 cases you raise are relevant in your mind and in the second one explain why this differs from hundreds of others. It is always worth citing previous cases as being persuasive but at the moment we havent got anywhwere near that far, you have only just left the starting gate so pace yourself

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  7. #47

    Default

    I know very little at the moment, so I continue to read up and garner knowledge on the matter.

    For the charge to be contractual the driver must have been issued with a permit which allowed the contractual right to park. If the driver then failed to display the permit I believe the charge would have been enforceable.

    JD Parking have stated in email exchange that the charge is payable under contract, this is contrary to the second case.

    I should receive the information from the DVLA today.

    I do intend to issue a claim under the data protection act, but I need to be confident of all my arguments.

    In addition to my last post as I read it the contract is formed when the permit has been issued and not when the vehicle enters the land.


  8. #48

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    you are still ahead of yourself, at the moment they arent doing anything and that is what matters. Permits? only applies to those with them so if you dont have one you cant be bound by the conditions of issue.

    your response from the DVLA will help determine whether you have a good case for claiming damages from one or more of the companies you have named in your post. That is all you shoudl concentrate on for the time being.

    As for the rest of what they say, it is all wind and water at the moment, they certainly arent suing you so calm down and get everthing lined up before you fire off a volley. that is why we advised you not to engage with them until you know more about them adn what they have actually done.

    It would suit you best if they did start a claim against you as you could eat them for breakfast and then use that win to get double the amount in damages when you sue them but I really doubt as though they will


  9. #49

    Default

    Thank you.


  10. #50

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    Thread tidied
    23 unnecessary quotes of the full previous post removed

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data costs
    If you want advice on your thread please PM me a link to your thread
    DX
    RIP Martin3030

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  11. #51

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    DVLA has confirmed that the enquirer was Debt Recovery LTD for JD Parking consultants Ltd.

    An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
    Winston Churchill
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  12. #52

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    Strange that the DVLA are providing data to Debt Recovery who are not members of BPA on behalf of JD parking who are members of BPA.

    If Paul has got the details the right way round is there a Data Protection query involved? Where do Debt Recovery get the right to ask for our details when they are not a party to any parking infringement that may or may not have occurred.


  13. #53

    Default

    Quote Originally Posted by lookinforinfo View Post
    Strange that the DVLA are providing data to Debt Recovery who are not members of BPA on behalf of JD parking who are members of BPA.

    If Paul has got the details the right way round is there a Data Protection query involved? Where do Debt Recovery get the right to ask for our details when they are not a party to any parking infringement that may or may not have occurred.

    Good point.

    Debt Reovery Plus are members.

    You may still have a point regarding DRP requesting and obtaining my details though. The DVLA state that information can be released to Landowners or their agents. Debt Recovery Plus are neither the Landowner nor or they the agent of the Landowner. This is dependant though, on the charge being contractual in nature, however, as we know a contract was never performed, so the only entity that has the right to request my data is the Landowner or whoever is/was in possession of the land.

    Seems that the creditor or the agent of the creditor can request keeper details.

    The FOPA 2012 does allow the agent of a creditor to request keeper details.

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  14. #54

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    Creditor assumes there is a debt though.

    HB


  15. #55

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    Paul please post images as a PDFicon attachment as per uploadicon
    Posting images within a post forces people paying for their data to waste it on an image they can choose to download by an attachment

    It also slows the thread for people on slow internet feeds

    Thankyou

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data costs
    If you want advice on your thread please PM me a link to your thread
    DX
    RIP Martin3030

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  16. #56

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    if that is true then you can sue the DVLA as NO third party has a right to obtain your keeper details. Report this to the ICOicon as well as a complaint.
    If it was the other way round then the DVLA are still breaking the law for the reason already stated. This is well established so I cant see what the DVLA is playing at.



    Quote Originally Posted by paulwlton View Post
    DVLA has confirmed that the enquirer was Debt Recovery LTD for JD Parking consultants Ltd.



  17. #57

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    Quote Originally Posted by ericsbrother View Post
    if that is true then you can sue the DVLA as NO third party has a right to obtain your keeper details. Report this to the ICOicon as well as a complaint.
    If it was the other way round then the DVLA are still breaking the law for the reason already stated. This is well established so I cant see what the DVLA is playing at.

    Are you sure on this? If you are correct ill take your advice and submit a complaint to the DVLA and report the matter to the ICO.

    An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
    Winston Churchill
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  18. #58

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    Just received the email below from the DVLA. The response isn't good enough, so Ive requested that they provide, or attest that they have evidence which allows the DVLA to provide Debt Recovery with my personal dataicon. The DVLA are going to contact the relevant department and then respond.



    Good Morning,

    I obtained some further advice on this, just to ensure the information I am giving is correct.

    The company Debt Recovery Plus is acting as the landowners Agents in this matter, through having either a contract with the landowner themselves or a contract with a third party company acting on behalf of the Landowners (The third party company having authority to employ other companies to act on behalf of the landowner).

    I trust this will assist you

    An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
    Winston Churchill
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  19. #59

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    The DVLA's response doesn't state fact, I've made them aware that providing my data to DRP may have breached the DPA.

    An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
    Winston Churchill
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  20. #60

    Default Re: JD Parking Consultants Ltd PCN - 35 Hallgate car park Doncaster DN1 3NL

    look at the court cases involving MIL collections.

    Quote Originally Posted by paulwlton View Post
    Are you sure on this? If you are correct ill take your advice and submit a complaint to the DVLA and report the matter to the ICOicon.



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