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    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
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    • Less than 1% of Japan's top companies are led by women despite years of efforts to address the issue.View the full article
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Cpm/BW windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth ***Claim Dismissed with Costs** now another PAPLOC for another same place ticket ***Dismissed again with costs***


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  • 2 weeks later...

Letters have gone off a while ago to BW Legal CC'ing CPM and i have proof of postage in the ever growing file of paperwork.

Unfortunately i am yet to receive a reply which is a shame because i'm quite enjoying wasting their time now!

 

I have however today had a laugh.

Remember the image i posted a few posts back highlighting the area they "manage"?

Well today guess what i have seen?

 

One of the directors parking blocking the entrance to the flats whilst he walks around ticketing against their own terms and conditions!

I know it seems a little petty but is this something i can use against them if they decide to take this to court?

 

Im going to try and get more evidence of their poor management and take it to the local paper i think.

I know this wont get me anywhere with my case with them (if they even decide to create one) but i just want to make life as hard as possible for them

 

Nice thing is, one of their tickets evidence includes an image of my vehicle with guess what?

This car parked in the background.

I do also have closer images with the reg number in

 

Sorry, seems a little petty but ive got the bit between my teeth with this now!

 

One of the directors parking blocking the entrance to the flats whilst he walks around ticketing against their own terms and conditions!.pdf

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  • 2 weeks later...

Up to them. Sometimes they reply fast with a bunch of rubbish. Others they dont reply at all for months. Or longer.

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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or not at all

there nothing that says they must.

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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they often just slink away back under their stone once they have been called out as the bandits and shysters they are so you may never hear from them again. BWL just do as they are paid to do so they wont write unless someone pays them to and ther parking co isnt going to spend another £15 on a letter they know will earn them nothing

 

- - - Updated - - -

 

you keep all of your paperwork safe for 6 years though.

Edited by honeybee13
Paras, typos
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  • 2 months later...

So one of these tickets they issued has been progressing as expected and now BW legal are chasing me. I have noticed though that a few days ago they have carried out a credit check on me. Is there any reason behind this and are they even allowed to do this?

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yes they are they have a CCL

its address checking 

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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all solicitors are so honest they automatically get a CCL regardless that the actual purpose of the search is outside the terms they are aloowed to search under.

expect a letter from them and be prepared to have to respond. You can then be rude to them about this misuse of their position.

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They have been calling me daily and not getting very far

 

”can you confirm your address”

 

”it’s the same as the last one you sent your spam letters to”

 

”so you won’t confirm it”

 

”you have it”

 

”ok we will send another letter”

 

 

more money wasting i can do for them the better!

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Haha, love it. Reminds me of when I get the usual dodgy phone calls to the office "Hello ma'am I'm calling from your electricity supplier, can I speak to the business owner" I have 2 favourites.

1) "We haven't got electricity"

     "You must have electricity, I'm speaking to you on the telephone"

      "No, this is a tin can on the end of a piece of string"

2) "I can't put you through to her, she's deaf"

     "Can you pass a message to her?"

     "No I'm sorry, I'm deaf too"

     "But I'm speaking to you!"

     "Pardon?"

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  • 4 months later...

Name of the Claimant ? Countrywide Parking Management Limited

claimants Solicitors: BW Legal

 

Date of issue –  28th August 2019

 

What is the claim for – 

 

1.The claimants claim is for the sum of £667.19 being monies due from the Defendant to the Claimant in respect of Parking charge notices (PCN) for parking contraventions which occurred between and on private land managed and operated by the claimant, where the defendant was responsible for a vehicle registration mark, seen breaching the terms and conditions in operation at the car park/private land.

 

2.The defendant was allowed 28 days from the PCN issue date to pay each PCN but failed to do so.

Despite demand having been made, the defendant has failed to settle their outstanding liability. 

 

3.The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum (a daily rate of 0.11 from 20/12/2018 to 27/08/2019 being an amount of £27.19. The claimant also claims £ contractual costs as set out in the terms and conditions. 

 

What is the value of the claim? £667.19, 

 

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 ? countrywide parking management

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware BW legal had the account when they started chasing me for the charges.

 

…………………….

 

Throughout a period of about 6 months, i have received several parking charges in the car park at home, some of which i have discussed in threads on this forum.

 

Ultimately the parking company have been very unprofessional.

The space is large enough for 2 cars end to end and their reason for issuing a charge every time has been "double parked".

 

As usual, they have stated that this is against their terms and conditions sign posted and i have made it clear to them every time (including pictures) that their signage does not state this is not allowed (they have now changed it however this is after the date of the last charge issued).

 

Today i have come home to a county court claim form and would like advice on how to proceed bearing in mind i am a tenant in this building and the parking company are employed by the management association

 

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It's time to get reading up on the court process. Lots of threads here cover this - but come back and check that your understanding is correct.

 

The Claimant will be willing to put a bit of effort into this considering there's £700 at stake, but they've got a number of weakness that they'll do well to contend with if you expose them correctly. It's all been mentioned on your original thread.

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  • dx100uk changed the title to Cpm windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.

 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

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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Thanks guys. 

Im very curious as to how they have come up with the £667.19 owed as all the charges have been £160 each so would the CPR be the time to ask for that detailed breakdown or would I wait until further down the line for that?

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OK, they haven't said how many tickets but they have added interest.

 

3.The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum (a daily rate of 0.11 from 20/12/2018 to 27/08/2019 being an amount of £27.19. The claimant also claims £ contractual costs as set out in the terms and conditions. 

 

HB

Illegitimi non carborundum

 

 

 

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