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    • 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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ANPR Parking Services LTD ANPR PCN - Amersham, Natwest Car Park HP6 5BU


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1 Date of the infringement : 1: 09/08/2018 + 2: 02/09/2018

 

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

1:06/09/2018

2:05/09/2018

 

3 Date received

1:08/09/2018

2:07/09/2018

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?

No

 

5 Is there any photographic evidence of the event?

No

 

6 Have you appealed?

 

No

 

7 Who is the parking company?

ANPR Collection Services Ltd

(Parking Collection Services)

 

8. Where exactly

 

Amersham, Natwest Car Park

 

For either option, does it say which appeals body they operate under.

 

There are two official bodies, the BPA and the IAS.

BPA

 

If you have received any other correspondence, please mention it here

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Hi and welcome to CAG.

 

 

I have just looked at the site on google street view and I cannot see any signs at the entrance to the car park warning that terms apply by using the car park. What I can't make out is the signs on the wall of the bank so it needs a visit to take some pictures.

I'm also surprised that they are not relying on PoFA to enforce a ticket against you as if they are not doing so, they cannot rely on PoFA at a later stage.

 

 

Can you upload the NTK (after redacting all personal details) so the experts can have a look. a pdf file is best as that gives us the ability to zoom in/out.

 

 

I also suspect that if you go to their website, you will be able to see any pictures they may have.

 

 

What are they saying you did wrong on each ticket?

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

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Scan up the NTK's to pdf please

Both sides

One multipage pdf only please

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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there are some very small print signs on the walls above the nat west signs so they arent at all apparent

if they are anything to do with parking and you certainly cant read them from a distance.

Nowt on actual entrance to warn you that you are being offered conditions to enter and park there.

 

Now, were you there on bank business?

If so that would be my first port of call and I would be getting on my high horse on their twitter feed or whatever about this £100 charge to use their bank and how you are minded to take your business elsewhere and how it is particularly galling that they have got into bed with some cowboy outfit to rook you for this money when RBS owe the taxpayer £45 billion and have stated they arent going to repay it.

 

Now there is no such company as ANPR Collection services Ltd so you cant owe them any money and you cant enter into a contract with an entity that doesnt exist.

 

As for the PCS bit they have only been in business since march this year so they will be in a rather dangerous position if they started losing their clients so get on to the bank and also ask the council about planning permission for their signs and then hit the bank with that.

 

If you are lucky the council may force the company or the bank to take down the cameras and the signs, the cameras needing specific planning consent and the signs need a nod to get permission but they usually dont apply because they are too idle or ignorant to do so..

 

 

now anpr parking service ltd are registered with the ICO but PCS arent so they cant legally collect and process your personal data. PCS are listed as a dormant company so they cnat enter into contracts either.

All of htis will help yu beat any claim but I would use thsi extra data to beat up nat west for employing a company that doesnt exist to steal money from their customers. gte this in the local paper as well.

Edited by dx100uk
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I would also be asking the DVLA who has accessed your data. There is no BPA member called Parking Collection Services Ltd so agin it raises questions as to how they got to access your data. They can be reported to the ICO.

I tried to check for their credentials on the BPA web site and there is a beautiful irony, you cant load google maps on their link so you cant drive there. Companies house would love to know ANPR parking Services Ltd's VAT number and Ltd co registration No as well because they would like a word about claiming to be a Ltd C when they arent registered with them.

 

 

get complaining to everyone you can but dont contact the parking co's

If I get time I will do a bit more digging tomorrow

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Also , if the dates are correct on the first ticket they have already failed on that one.

 

Infringement date 09/08/2018

 

Date on NTK 06/09/2018

 

If the dates are correct then they have breached data protection since they had no cause to ask for your data after 14 days from the infringement. So when writing to the DVLA ask them why they provided your data well after the statutory 14 days thus breaching GDPR since there was no reasonable cause for asking for your data by then.

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interesting the NTK says PENALTY notice number..opss!

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

fines?

where do thy use that word?

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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where on their paperwork do they use the word FINE please??

 

they are speculative invoices...

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

I intent to appeal both fines on the basis that there isn't ample signage given in the car park area. Is this a good idea?

 

No it isn't a good idea because you run the danger of

1] identifying yourself as the driver thus losing the protection afforded to the keeper under POFA

2] by writing to them pointing out only one thing wrong with their "contract" when they will already know there are more, indicates to them that you would probably be a pushover in Court

since you appear to have insufficient knowledge of the situation.

3] your complaint will put your name in front of them and they will think that by not accepting your complaint and more than likely raising their charges [or threatening to] that you will cave in and pay.

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Your use of words indicate you are snatching at things rather than reading up on them.

You say FINES when every other thread with that word in gets a sharp rebuke as it isnt a fine.

 

You cant make this go away quicly unless you just pay up but consuide this,

if you pay up and they then send you another demand for payment how can you prove that this new demand isnt valid?

 

You need to read a lot more threads on private parking co's and then folow some of the advice but also answer the questiosn we have asked so you can be pointed in the right direction.

 

So, have you taken it up with the bank yet?

They are the occupier and giving them grief will work wonders. I am minded to dive up to Amersham and park there just to get a tickt so I can complain and expose the shambles they have invited upin themselves.

 

The NTK isnt legal.

PCS are breaking the law as are ANPR Parking Services and you want to go begging to them to be nice to you?

I would be wanting them to watse theit time chasing em and then sue them for damages for breach of the GDPR and not only get about a grand in my pocket but stop PCS from ever getting an ICO registration and put them out of business.

 

Your choice, ceate more trouble for yourself and give them an air of legitimacy or stick the knife in at the appropriate time, which isnt now.

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Please never use the word 'fine'. Poor DX gets a fit of the vapours when he sees them and this can takes hours before it wears off. :lol:

 

 

ANPR parking services are registered with the BPA and if one clicks through from their website, it takes you to Debt recovery Plus (DRP or DR+). DRP are also registered with the BPA. PCS are DRP but they seem to have omitted that from the paperwork and as for 'penalty' How rude! Nothing of the sort and should be reported to the BPA.

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

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Thank you all for your help, I really appreciate you taking the time to advise me as I have limited knowledge, and knowing there are people around helping gives me a great deal of confidence.

 

My main issue currently Is that I don't understand how to proceed. What is my next step?

 

No it isn't a good idea because you run the danger of

1] identifying yourself as the driver thus losing the protection afforded to the keeper under POFA

2] by writing to them pointing out only one thing wrong with their "contract" when they will already know there are more, indicates to them that you would probably be a pushover in Court

since you appear to have insufficient knowledge of the situation.

3] your complaint will put your name in front of them and they will think that by not accepting your complaint and more than likely raising their charges [or threatening to] that you will cave in and pay.

 

In hindsight you are absolutely right, however I still do not fully understand how I should proceed.

 

 

Your ise of words indicate you are snatching at things rather than reading up on them. You say FINES when every other thread with that word in gets a sharp rebuke as it isnt a fine.

You cnat make this go away quicly unless you just pay up but consuide this, if you pay up and they then send you another demand for payment how can you prove that this new demand isnt valid?

You need to read a lot more thrad on private parking co's and then folow soem of the advice but also answer the questiosn we have asked so you can be pointed in the right direction.

So, have you taken it up with the bank yet? They are the occupier and giving them grief will work wonders. I am minded to dive up to Amersham and park there just to get a tickt so I can complain and expose the shambles they have invited upin themselves.

The NTK isnt legal. PCS are breaking the lae as are ANPR Parking Services and you want to go begging to them to be nice to you? I would be wanting them to watse theit time chasing em and then sue them for damages fro brweach of the GDPR and not only get about a grand in my pocket but stop PCS from ever getting an ICO registration and put them out of business.

 

 

Your choice, ceate more trouble for yourself and give them an air of legitimacy or stick the knife in at the appropriate time, which isnt now.

 

 

Thanks Ericsbrother, apologies, I have limited knowledge on the subject I must admit. I cant see the breach in GDPR would you be able to elaborate on this, and I would be eager to forward it to a DPO. Would you be able to reiterate the questions you asked and I will answer ASAP, I really do appreciate the help on the matter.

 

Please never use the word 'fine'. Poor DX gets a fit of the vapours when he sees them and this can takes hours before it wears off. :lol:

 

 

ANPR parking services are registered with the BPA and if one clicks through from their website, it takes you to Debt recovery Plus (DRP or DR+). DRP are also registered with the BPA. PCS are DRP but they seem to have omitted that from the paperwork and as for 'penalty' How rude! Nothing of the sort and should be reported to the BPA.

 

Apologies for my use of the word fine as I have said my terminology is improving but I have never had to deal with this situation before. I don't fully understand how complaining to the BPA will resolve the PCN, would you be able to explain?

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last point first, it wont. Just showing that it is a club and not a method of getting arbitration.

Now for the major bit. Have you appealed despite everyone telling you not to?

 

If so you had beter post up a copy fo yoru appeal or we will spend the next year playing chinese whispers.

 

 

Breach of the GDPR. they arent allowed to pas your detaisl on to PCS because the latter arent involved in the matter and arent registered witht eh ICO so they cnat legally lod or process your data.

 

 

there is a lot you dont know but you seem happy to respond to a sham ticket on your car just becuse it says you should. It is very rare that we would ever suggest that you respond and certainly not to soemone who breaks the law by abusing the DVLA database.

Right of you havent actually wriiten to these crooks then you do as suggested and gibe Natwest a right earful abotu employing people who are crooks to amnage their property adn do so in an inept way anyway. gte them to cancel the charge if possible and if they wont then you tell eveyone on their facebook page or teitter feed waht a buch of shysters they are and that they havent learnt how to avoid trouble despite being bailed otu to the tune fo £45 billion and having to pay out more billions for misselling adn other wrongful deeds. make it clera to the bank and anyone else that they will become a laughing stock for thinking they need to tax their customers for being loyal and their lack of due dilligence when choosing a parking co to go about upsetting them.

 

 

Dont contact the parking co, simple as.

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last point first, it wont. Just showing that it is a club and not a method of getting arbitration.

Now for the major bit. Have you appealed despite everyone telling you not to?

 

If so you had beter post up a copy fo yoru appeal or we will spend the next year playing chinese whispers.

 

 

Breach of the GDPR. they arent allowed to pas your detaisl on to PCS because the latter arent involved in the matter and arent registered witht eh ICO so they cnat legally lod or process your data.

 

 

there is a lot you dont know but you seem happy to respond to a sham ticket on your car just becuse it says you should. It is very rare that we would ever suggest that you respond and certainly not to soemone who breaks the law by abusing the DVLA database.

Right of you havent actually wriiten to these crooks then you do as suggested and gibe Natwest a right earful abotu employing people who are crooks to amnage their property adn do so in an inept way anyway. gte them to cancel the charge if possible and if they wont then you tell eveyone on their facebook page or teitter feed waht a buch of shysters they are and that they havent learnt how to avoid trouble despite being bailed otu to the tune fo £45 billion and having to pay out more billions for misselling adn other wrongful deeds. make it clera to the bank and anyone else that they will become a laughing stock for thinking they need to tax their customers for being loyal and their lack of due dilligence when choosing a parking co to go about upsetting them.

 

 

Dont contact the parking co, simple as.

 

I haven’t written to them after reading all of your responses, nor have I followed any appeal procedure. I spoke to the bank manager today and he is giving me a call on Wednesday (too busy to speak, natwest closing branches yet the ones that remain just get busier).

 

I will also write to the DVLA about the misconduct especially as the first ticket is outside of the 14 day period.

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For gods sake read things properly, you ASK the DVLA who has accessed your datas and what reason was given. You then compain to both the DVLA about the aprking co telling lies to get the data and also complain to the ICO about ANPR passing it on to PCS, who dont have a registratuion with the ICO that allows them to hold or process the data.

 

As for branch manager, I bet they ahve nowt to do with whetehr a parking co was invited to damage their company's reputation, that will be higher up so look up the eamil of NWB CEO and get complaining. Dont forget to moan like hell on twittrer even if it menas starting an account. Ditto facebook and anywhere else they have a social media presence. They hate negative publicity and patking is like PPI, it is a poisonous chalice for the bank. Get in their face and dont worry about being polite

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