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  1. 3 points
    the most imporanat thing about a "no parking or stopping" sign is that it is prohibitive in nature. the only reason a parking co can charge you for anything is because you have entered into a contract with them and then either owe them money as a contractual agreement or as a result of a breach of contract. A sign saying "no parking" or "no stopping" isnt an offer of terms for parking and if you think about it if it was an offer of terms the only way of forming a contract would be to break it so unfair terms anyway. What you have considered so far is part of the whole story from your point of view and if you follow that by explaining as you are how you eneter the land, what you see (or dont) and what happened to your vehicle then you end up withat least 4 reasons as to why no contract was formed and thus broken so you cant owe them money for the same. as said earlier, they know they are on to a hiding to nothing but wont admit they are wrong becasue they will never earn a penny ever again as they would know their demands are just plain fraud and will wait and see what you have to say before chucking the towel in so they dont have to pay you your costs of whipping them in court. At the end of all this you will have a cast iron case for suing them if you have the stamina for a return match as they have obtained and processed your personal data without a reason for doing so. again they will whinge that they thought they were right but they have lost so many cases of this nature (esp at Liverpool airport) such a claim is laughable but again hope that you dont go after them. If you feel like winding them up go and park there agin after the court case and see if they dare issue you a NTK If they dont you will know that they are just chancers and have not a grain of integrity in them.
  2. 3 points
    If you bought insurance you ought to have been given a policy document - that should tell you how to claim. I’m pretty sure that it will be a different process than just writing to customer service. The document might even have a special number to call for advice on how to submit your claim. Do you have this paperwork?
  3. 2 points
    I think the only issue with that is that the site is voluntary run It relies on people helping between their day jobs and to be honest between other things that they have in their lives as well I'm sure things will be updated but it can't be expected to be instant unfortunately
  4. 2 points
    Can't really help I'm afraid. BF thinks I know about cars because of an exchange we had on another thread, but I don't (apart from common sense!) What I would say is: 1. I presume you will want to retain ownership until you've got the judgment paid 2. Then you want to make sure you are no longer the registered keeper. Look on your V5C and it should tell you what to do if the car is returned to trade (I assume this is how this should be interpreted). In any event make sure DVLA know you are no longer the registered keeper. Might be an idea to call them for advice - though I understand they can be hard to get on the 'phone. 3. Not sure how ownership formally transfers eg is documentation needed? Note the registered keeper is not necessarily the owner of the vehicle - in fact the V5C says it is not evidence of ownership. 4. Also not sure about how the insurance works. If you are no longer registered keeper, does that mean you are no longer responsible for insurance? Or do you need to transfer ownership first? You could try asking DVLA about this too. 5. There is a DVLA board on here where you could ask for clarification on these questions. As I say I'm no expert so I wouldn't describe the above as "advice", but it may be a starting point for you. I'm sure other posters are in a better position to give advice you can rely on - don't rely on me!
  5. 2 points
    Cast iron win against these bandits but she would rather pay them more than they are lawfully entitled to claim if they did actually have a claim. Is there an upside to paying? NO there isn't, they have added costs they haven't and wont occur so they make an extra £50 for the white flag waving. If you do nothing no it wont proceed on the papers, a court date will be set and you will be expected to turn up. If she doesn't then they will just invent a load more fake costs and it will cost her another £50-75. Get it into yoru head that everything you do now makes you money and costs them. Even if you lose at court they wont get any more if you turn up as they have limited themselves. They still have to shell out to actually get to a hearing
  6. 2 points
  7. 2 points
    But why do you think that? By insulting them you are showing that you know their "case" is complete pants, that they'd lose in court, that you're not scared of them, that you hold them in contempt and that you'd have no problem doing court. It's people who treat them with respect who they think are the mugs and they're more likely to take to court, hoping the person will be scared of court or think their carp case actually holds water. No guarantees of course, but EB's classics have shut these fleecers up many a time.
  8. 2 points
    I'm not qualified to advise you on what to do with your £10k, but I will say that most advice sites that I've seen recommend that if you have a lump sum available it is in most cases better to use it to pay off your debts than to put it into a savings account simply because most people are paying much higher interest rates on their borrowings than they could get with their savings. And prioritise the debts to pay off so that you pay those with the highest interest rate first (which probably isn't your mortgage). That said, when I was made redundant and able to pay off my mortgage I jumped at it just know that my house was, at last, all mine and if mortgage rates went up it no longer mattered to me! MoneySavingExpert for example: https://www.moneysavingexpert.com/savings/pay-off-debts/
  9. 2 points
    Posting as an information share, not something I need help with, as this comes up on CAG from time to time. When I've been an Executor I've received letters from the DWP asking me to repay to DWP any pension etc benefits they paid out after the date the person died. I always assumed the DWP had the legal power to recover that money. Turns out they never did and I could have ignored their requests! [But note this does not apply if the DWP had overpaid benefits before the person died. DWP might be entitled to recover those.] http://paullewismoney.blogspot.com/2019/03/dwp-cannot-enforce-demands-to-repay.html
  10. 2 points
    No. Maybe because I've been driving for many years and know the difference between a tax and a fine or fixed penalty (or even a fee for a course if that is what the OP is offered and he accepts). But let's not allow the thread to degenerate into an unnecessary argument as it won't help the OP one little bit.
  11. 2 points
    understnad this, we like beating private parking co's because the majority of the cases we see here they have no right to demand a penny and they deserve a good thrahing. the big thing is we arent the ones who have to stand up in court and even if you end up with that task it will be only as an advisor to the person who got the demand so if they arent clued up on what is what it doesnt matter how brilliant we or you are they still have to perform. Not all cases where the pwerson refuses to play their game go to court but the parking co's kniow that 85% of any claims they issue will get paid so their lack of success with the other 15% is small beer financially and they would rather lie and bully the others into paying and risk a few losses than to admit they dont actually have a claim against anyone to begin with. Stick with it if the person you are helping wants to continue, if they dont then there is nothing anyone can do to force them. We dont feel like we have had our time wasted, on the contrary it is your time that has been wasted if you decide to give up and the person you are helping still wants to continueand that is why I say read more so you dotn have to keep going back to places to get more information. it may never be needed but better to have it and not need it than need it but not have it.
  12. 2 points
    I agree with "think about it". If you can't get through on the 'phone (which could be said to be a problem in itself) just send a simple and straightforward letter as you have explained here. I think the wording I suggested earlier for a face to face conversation will do as well in a letter as in a conversation. If you have written authorisation from your relative to act on their behalf include a copy, otherwise get written confirmation now and include that. There's no special formula or wording you need to use, just explain your concerns in a non-confrontational way as honeybee suggested. If English is not your first language(?) say so in the letter and apologise if your wording comes across as abrupt - say it's not intentional and you are just looking for an amicable resolution. OK?
  13. 1 point
    Hi, if you need help with the letter let me know and I'll draft something for you.
  14. 1 point
    my cat has a habit of sitting on the keyboard so post got sent before I had finished composing. Thanks for clarifying Brassnecked
  15. 1 point
    Why CPS and AJH Films and Elliot V Loake don't apply but 5they will chance them if On The Papers. Elliot v Loake is a criminal case, so is not applicable to Private Parking and contract law.
  16. 1 point
    80+ provable occurrences? I’m surprised they aren’t proceeding under S5 of the Regulation Railways Act 1889, as once or twice MIGHT just have been without intent, but claiming 80+“accidents” would be beyond reasonable. What are you (realistically!) looking for as an outcome?
  17. 1 point
  18. 1 point
    The local press doesn't help when they report sob stories calling these egregious invoices as FINES.
  19. 1 point
    too right keep on him hope TS do something too the selling as a trade vehicle = no return...was on watchdog rogue traders several times. I believe one lot got very heavily fined for doing it twice even after the first warning.
  20. 1 point
    gotta pop out i'll see if I can find it later tonight dx
  21. 1 point
  22. 1 point
    Well page 3 is there were they requested you sign and return......this is a pre April 2007 agreement and the prescribed terms appear to be present so would hasten to add that a court may accept that as a valid agreement. That leaves you with only the lack of DN so should you wish to ignore and proceed you do so at the risk of getting a judge who is a stickler for section 87(1) and may possibly dismiss the claim on those grounds. Should they follow their threat through and make application to lift and strike out /summary judgment be aware that you will cover the further costs which will be added to the claimed amount......so in effect it may be prudent to consider their last letter and try to thrash out some agreement that avoids proceeding and further costs. Something for you to consider....as Cabot/Mortimer normally do follow through their threat. Andy
  23. 1 point
  24. 1 point
    Thanks again. No chance of a backdoor CCJ. I shall sit tight and wait for their next steps. Appreciate all the responses. DDW
  25. 1 point
    Hello Leedspete , one of the sites admin will answer your question in regards to your CCA . Nibbles .
  26. 1 point
    DO NOT APPEAL, they are members of a trade association called the IPC and they never allow appeals so dont waste your time and more importantly you wont then say the wrong thing
  27. 1 point
    Now is the place near to you and can you get down there and take some pictures of the sigange at the entrance to the land and also any signs that are around that are different to the first ones. If there is a payemtn machine then a picture of the blurb on that as well. We need to be able to read all of the small print please. You say you dont drive but are you the registered keeper of the vehicle concerned? A keeper liability can be created if certain conditions are met, Excel cant be arsed to do that most of the time but are happy to lie about if afterwards
  28. 1 point
    Not a bad guess! This time it is Zenith Collections - with a deadline of 07 May to pay before they 'consider taking legal action'. Zenith 23Apr19_Redacted.pdf
  29. 1 point
    Anyone can sue anyone for anything in an english court . It is only when a defence is filed that the spurious claims fall apart and the first hurdle any of the overseas debt owners and their lackeys have to jump is showing locus standi as quite simply they dont have it. Anyone getting into a detailed argument about the actual debt is missing the point and inviting them to drag things out longer than they need to be. I have seen a few people posting here saying that the debts are enforceable but as yet havent seen a case where this has proven to be true. The commonest debt surety in Dubai is actually a criminal offence in the UK so no court will entertain it. It is not possible for a UAE bank to enforce a debt in the UK- that is the law but refer to the first line of this post
  30. 1 point
    As DX says try not to worry - even IF the police were contacted by Asda they would most likely not follow it up. The most likely reason for the guard taking the numberplate details would be to enter it on some sort of store reporting system. Details of incidents are logged purely for internal use and they might just cross check to make sure that other stores haven't reported the same type of incident with your car being used - it also helps the guarding contractor (stores mainly use outside security companies nowadays) to justify their existence in terms of actually stopping a theft. As an isolated incident however I very much doubt that you will hear any more about this, but (and I know you probably won't) don't be tempted to try this again as it could have ended up being worse than it has
  31. 1 point
    We do appreciate what you are saying, but simply because someone has 30 years experience does not mean that they don't go on to do something wrong. Equally, making a mistake does not mean that it is a matter that someone should be disciplined over- a hearing is not the same thing as being found responsible for wrongdoing. People here are trying to help her to manage this situation, but instead of answering our questions you are reiterating that she has 30 years of experience and making unsubstantiated allegations against the employer. These are no doubt true, but they do not form a defence, and it could be questioned as to why, if serious matters of safety and safeguarding are in question, your wife with 30 years experience didn't whistleblow to the authorities - completely cutting off a persons hair without reason or agreement is an assault on a vulnerable adult, with or without the parents permission (which, if these adults are living independently, is not relevant) ! Equally, if these vulnerable adults are not deemed independent, then if employees are not capable or qualified appropriately as care givers, that is also a reportable matter. You cannot argue it both ways - if the care is this bad, why did she not report her concerns? You do realise that she cannot now easily raise any of these very serious matters because her evidence is now tainted - it will come across as, and be dismissed as, sour grapes. When in fact just the two items you have disclosed here are so serious as to warrant an immediate safeguarding investigation, and possibly even police intervention. It is in her interests that she is clear about what her defence is, because the questions we are asking will almost certainly form questions that the employer will ask. Her complaints about the employers conduct will fall on deaf ears in a tribunal - they have no relevance to their deliberations, but if the employer is canny, they will mirror it back on your wife as another question about her professionalism. Look, I'm going to have to ask. Are you deflecting because she / both staff did miss something? It happens. It doesn't make her a bad person if it did, and it doesn't mean that she ought to be dismissed for it. But if we are to give you the best advice possible, it has to be based on the whole story.
  32. 1 point
    nothing will come of it as the zero powers security guards have no access to anyones personal data ASDA could report this to the police but in all honesty, they got the stuff back ...so pers id forget it ever happened now. tell you husband to stop being a numpty and wise up and support you rather than making you feel worse about something that will go nowhere. dx
  33. 1 point
    Hello and welcome to CAG. I expect people will be along later with advice about what happened today. I would like to start by saying that if you don't know why you shoplifted then it would be a good idea to talk to your GP who won't judge you. It could be that there's something going on with you that made you do what you did. Best, HB
  34. 1 point
    I think it might be best to just go with the facts we know then. reason to set aside ...following the issuance of a claimform, the claimant changed my address back to an old one and I received no further court communication after my acknowledgement and defence filing. Thus they attaining a default judgement. Defence.. i registered via MCOL, my acknowledgement and defence filing was accepted. The claimant then changed my correspondence address despite receiving 2 important documents [ a CCA request and a CRP 31:14 request] sent to them prior to their change. This denied me the opportunity of filing a witness statement and they attained a default judgement. The claimant has also failed to date to respond to either request and I am devoid of any paperwork they might hold at all regarding the truthfullness of their claim.
  35. 1 point
    The cases they lost at Liverpool John Lennon Airport relied on the same basic POC they applied to you. there they have camera cars parked up which capture the "evidence" They would invoice someone on a pedal cycle, or electric assist cycle if they stopped to read the sign, as in the camera car operator would drive up and demand the cyclists details as no VED to send NTK. How do I know? i phoned and asked VCS. Agaon they would lose cyclist could tell them to Foxtrot oscar, or if they had details and tried court would be spanked there for sure if claim defended.
  36. 1 point
    the next step wioll be yu will receive an allocation questionnaire from the courts service. This is self explanatory apart form the bit where is says about accepting mediation and you dont go for that as it is pointless but it wont be held against you by refusing it. The rest is about any dates you arent available and when you send it back the courts service will send it to your local County Court as they will have decided that small claims track is the most appropriate and that court will then contact you and the claimant with a hearing date and when you have to exchange your evidence bundles by, usually 14 days before the hearing. When you get the court date that is the tie to bash PE for not responding to your CPR 31.14 as you can say in all honesty that as they havent sent it so you dont believe they ahve the authority and that will force them to show thier contract with landowner or lose the claim without another word being said
  37. 1 point
    then exactly what ive said then.. back garden makes no odds. you are seriously making all these issues 1000 times worse but bringing in your own fears about this and that ..that don't apply at all. old wives tales. as for why they are chasing 12-14yrs later ...because they can and they are short of cash as the gov't is cutting £1Ms a day to councils..but..the staff and paperwork and TIME taken far outweighs what they ever get back..as you point out in your case..debt shouldn't exist. above BA hinted at what someone should have advised i'll post the check list of things to do a bit later
  38. 1 point
    Doing as ericsbrother suggests makes their obtaining a default CCJ by sending Claimform to the old address not possible, if they did, a Set Aside would be easy, and they would get a tolchocking from the court as they had correct address all along.
  39. 1 point
    Well, you now know your value - they only care about the money you make them. Don't make the same mistake twice...
  40. 1 point
    Have a look at the Pensions Regulator website, title Payments haven't been made to my Workplace Pension, link below. https://www.thepensionsregulator.gov.uk/en/contact-us/scheme-members-who-to-contact/help-with-concerns-about-your-workplace-pension HB
  41. 1 point
    DCA's like Cabot act like they are the law, even though they have no more power than you or I. It's a sad state of affairs but the best advice someone could have given you back in 2011 was to pay nothing, because it would be long statute barred by now. However, the good news is that it's should now have dropped off your credit file a long time ago, so it's invisible to any future lender. Also, it's probably unenforceable, just send them a CCA request, wait the prescribed 12 plus 2 days, and when they (inevitably) don't come up with the agreement, you can stop paying them.
  42. 1 point
  43. 1 point
    That should do it, no mention of driver so should be OK, but just wait for DX and ericsbrother to check it. These days you can get a decent pic with a smartphone and convert to pdf if no scanner available, there are also scanning apps available and online pdf converters.
  44. 1 point
    The last thing you want is a default CCJ and they are sneaky enough to get one by sending all paperwork to your the address, you could inform them of the Keepers new address, but do not admit to being the driver, could you post up the demand as a pdf please. |'m sure the crew will be along soon with better advice.
  45. 1 point
    Setting aside an email from a manager which is not contractually binding on the employer, do you have anything available to you that makes nominating you for an award a contractual term? Is there anything that says that you are contractually entitled to a financial payment- because there can't be an unauthorised deduction of something you aren't entitled to. You do not need to amend the ET1, if all you are saying is that this is another piece of evidence in respect of the claim you have already submitted. You amend to add claims. The ET1 is a summary of claim, not the absolute detail. So I can see no reason why you need to amend. That does not, of course, mean that it is evidence of anything either.
  46. 1 point
    I can’t help but think that we’re massively over complicating things here, pick up the phone and ask to speak with the PM. Explain the issue and ask them to sort it out. I could solve 99.999999% of problems within an hour or so provided someone actually told me what the problem was. By the time I was receiving letters spanning several pages and having to dig through notes and speak to people to get their accounts of what happened it could take weeks to gather the info and get replies from everyone. Just pick up the phone at lunchtime on Tuesday, ask for the PM and if they’re unavailable ask when they can be contacted and speak to them so they have an opportunity to resolve what is probably a very simple issue rather than trawling out weeks of waiting.
  47. 1 point
    The idiots who run these parking companies are under the illusion that they can add any amount they want when using debt collectors to write a letter. Under the Office of Fair Trading Debt Guidelines they state 2 . 10[e] applying charges which are disproportionate to the main debt is considered an unfair practice. https://webarchive.nationalarchives.gov.uk/20060716004337/http://www.oft.gov.uk/NR/rdonlyres/50F06527-9FC5-4610-B385-999D6E2A8950/0/oft664.pdf Now the OFT are no longer exist but these regulations have been accepted by the FCA and no Court would think that 60 pound is proportionate for sending out two letters when the maximum charge for the ticket is 100 pound. And of course you would criticise them charging interest from day one of the ticket issue rather than when the 60 was actually imposed.
  48. 1 point
    For the avoidance of doubt, in order to legally 'take control of goods' or to charge fees, an enforcement agent must issue a Notice of Enforcement and this MUST comply with Regulation 8 which states that the notice will not be considered as being legally served unless it is sent to the debtor: 'At the place, or one of the places, where the debtor USUALLY lives or carries on a trade or business'. In your particular case, B&S have undertaken checks and have established that you have moved. In this respect, they should have issued a fresh Notice of Enforcement to the address where you USUALLY live (which is number 6A). Unless they are willing to do so, the position is very clear. They can neither take control of goods...or charge fees. To do so, would be unlawful. You may wish to remind the company that unless they are wiling to issue a fresh Notice of Enforcement to your USUAL address (number 6a), that you will be looking to pay the ARREARS direct to the council.
  49. 1 point
    Acknowledgement = A payment or a signed letter saying that you owe the money.
  50. 1 point
    There are two different issues at play here - until the council tax side is sorted the CTR side can never be correct. Don't get CTR and council tax discounts mixed up - they use different definitions and different rules. Within council tax a (non)dependant has no meaning (except for a couple of non-relevant specific situations) whereas (non)dependants are something that is relevant for CTR calculations. It is clear that your mother and yourself are disregarded for council tax purposes so the 50% discount applies. How the council then treat yourselves for the CTR calculation on the remaining 50% depends on how their scheme treats both of you (and your incomes). If the council are misinterpreting the situation it's far better, in my experience, to go down the route of disputing the legislative decision with them and using the valuation tribunal route if then needed - an MP knows nothing about the correct council tax legislation and so, if the council trust their own interpretation, it's not going to alter it. I very rarely use a phone for my cases because a) it's difficult to speak with councils, b) there's nothing in writing and c) I like to set out the full technical argument so that the path to a tribunal is easier & quicker, if needed. If nothing else, a written medium stops miscommunication and gives the other side something to sit and read, and digest, properly.
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