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  1. Yes, they are digging themselves into a ditch, with regard to people like you who fight back. Remember that, sadly, the vast majority of motorists who get these tickets think they are fines, that companies like ECP have some sort of official status, and give in and pay. They are just putting barriers in your way and encouraging you to fold. How about this as a reply - Dear ECP, Re: Subject Access Request PCN no.XXXXX I refer to my Subject Access Request dated XXXXX and received by yourselves on XXXXX. Thank you for your bizarre letter of 23 April. Your letter requests Photo ID - which I have already sent
    4 points
  2. Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice. The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the hu
    4 points
  3. Without going too much into the Science,.....(Severe G4 geomagnetic storm watch | SpaceWeatherLive.com) as this 25yrs SunSpot Cycle begins to reach it's Maxima in the coming months/Year, over the last few days there have been over 60 M Solar Flares and numerous very strong X flares on 7/8/9 -05. these are due to hit earth 10/12 May. The stronger the X flare the greater becomes the potential KP number which means the further south a very very strong chance of a very spectacular Aurora becomes. KP8 equals a latitude of San Francisco (CA, United States) Dallas (TX) Atlanta (GA) and in Europe perhaps even northern France an
    3 points
  4. Doesn't mention POFA at all either. So only the driver is liable and not the keeper. Simply don't tell them who is driving and you're in the clear. In simple terms, this means don't appeal. APCOA has never done court in any of the case we've had here since 2017, so clearly not in their current modus operandi. Ignore them totally until you get a letter of claim, then come back here.
    3 points
  5. Evening all, I have deliberated over this offer for two weeks and I have decided to take their offer. I do understand that some may prefer us to go to court and receive a judgement but with our personal circumstances and my current military commitment that could become an issue. I am so grateful for all the help and support you have all offered me over the last few months. I will continue to monitor this site and push all those that are being wrong to get in touch. Thank you! what you all do is truly amazing!
    3 points
  6. PDF's now merged above... Plus extra redaction!
    3 points
  7. Sorry, I expressed myself badly. Most people who come here are willing to go to court, but would prefer not to if at all possible. We have a tiny minority who are terrified of court, even though we point out that a civil court hearing is no more intimidating that a job interview. I was just pointing out that the more PCNs you get, the more money is in ir for the PPC, so the greater the chances of them doing court - which of course is damn obvious! However, what we tend to see in residential parking cases is that the PPCs are reluctant to start court claims because they know about Supremacy of Contract and they know their c
    3 points
  8. The title was changed so that people know the issue and the company we're dealing with. "Hello" isn't a very good title. The post was moved from the "welcome" channel to the Utilities sub-forum so that it's in the correct place for you and others and to ensure any help received is correct. There is no cover-up here, everything is public. And most importantly, no one was rude.
    3 points
  9. It so happens that a couple of years ago I assisted a friend who had an iva by writing to the 10 or so creditors asking for copies of the original agreement and none could be provided. He then stopped the iva and face no further consequences.
    3 points
  10. Hi All Just an update that the case was heard today and thankfully the case was dismissed. As many had told me, DCB legal sent an advocate who like myself was also there 30 mins beforehand. He wanted to double check a few things with me beforehand that I had put in my witness statement and then told me that he agrees that my lease forms the supremacy of contract and that he will let the judge also know this once we enter. He stuck to his word and led with this and the judge asked if I had anything to add and I just reiterated the supremacy of contract points from my witness statement. The judge then dismissed the case and the whole
    3 points
  11. so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have ZERO legal powers on ANY debt - no matter WHAT its type. dx
    3 points
  12. https://www.rac.co.uk/drive/news/motoring-news/new-private-parking-code-to-launch-in-the-uk-later-this-year/ The newly created gov petition 'Immediately Reintroduce Private Parking Code of Practice' is from Stanley Luckhurst, the 85-year-old old Excel Parking took to court. Excel lost the case and the pensioner's been campaigning for regulation of PPCs since this unpleasant experience. https://www.bucksfreepress.co.uk/news/24085471.gerrards-cross-pensioner-takes-nightmarish-private-parking/ I would urge anyone on this forum who supports the petition statement "We believe the private parking industry is trending toward anarchy and mu
    2 points
  13. Indeed they may have. But you will be required to submit them again when you accept the fixed penalty. The instructions will be with the offer. It's up to you whether you want to ignore those instructions or say something like "you already have them." But if you do, the offer will be withdrawn and your case will move to court action where, as I said, the cost will be considerably greater. It's your choice but I mentioned it so as to avoid you any further trouble. Believe me, I know about these things.
    2 points
  14. the NTK is out of time. ignore totally until/unless you ever get a letter of calim. dx
    2 points
  15. So not entirely down to the ticket office, then. In fact you have been quite fortunate. The "Section 172" response provides the evidence the police need to prove that you were driving if they wish to prosecute you in court. In England and Wales there is a legal precedent which has determined that an unsigned s172 response does not meet the requirements of that part of the RTA. In effect, an unsigned response is equivalent to no response at all. (This precedent is not recognised in Scotland and there is a strategy to "go unsigned" to avoid conviction). When they receive an unsigned response the police are perfectly entitled to p
    2 points
  16. I thought I'd open this thread again to let others in a similar situation know what has happened since my tier 2 complaint. I received an email today from an independent adjudicator. I've included the most relevant responses and, as you can see, I was successful in my complaint "It is clear there were unacceptable delays in us contacting you about your overpayments and replying to your complaint. This poor service led to unnecessary worry and distress. I am sorry for this and to apologise for the concern caused" "On 12 February 2024 the tax credit system automatically written off all of your outstanding tax credit overpayme
    2 points
  17. Don't appeal. This is a well known scam site to us. It's even been exposed on national TV by Joe Lycett! The traditional route was that we'd push Starbucks to cancel the PCN but that hasn't been working as of late. You've got 2 options: 1. Pay the £60 and the matter goes away. 2. Ignore them and engage with us. We'd rather you choose option 2. We'll be with you every step of the way. The good news is that MET rarely goes to court with this, providing you engage with us properly. The times they have is when people have either come to us late or have ignored our advice. Many times, once defended properly with
    2 points
  18. "I am slightly overwhelmed" That's natural mate, we have all been there, grab a brew and try to relax for a 10 mins and take on board what you need to do.
    2 points
  19. PDF sorted thread title updated don't do anything till/if you ever receive a letter of claim. 100's of threads on this carpark here a DCA is NOT A BAILIFF - ignore them. dx
    2 points
  20. its an online hearing almost guaranteed you can rep him. he need not know anything about it. the IAS assessors report was uploaded here by you long ago. dx
    2 points
  21. So, just an update... Received the WS pack from UKPC in the post on Friday, so looks like I'm going to court on 16 May. I shall scan and attached the documents a bit later
    2 points
  22. Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    2 points
  23. Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP. They should - but they don't. We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what? They haven't really done much apart from sending you stupid letters. Breach of GDPR? It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle? I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely
    2 points
  24. Thanks guys, will continue reading up and arming myself. Also have had a gander at my lease. The quiet enjoyment clause is indeed there.
    2 points
  25. HOOOWLS with laughter Boris Johnson turned away from polling station after forgetting photo ID WWW.INDEPENDENT.CO.UK Former prime minister Boris Johnson was caught out by a law his own government introduced as he went to vote on Thursday Tory MP pleads for help ahead of local elections as he has no valid form of Voter ID WWW.INDEPENDENT.CO.UK Campaign groups have warned that controversial voter ID rules may prevent people from voting and like a Tory candidate here who doesn't have 'conservative' anywhere on his billboa
    2 points
  26. Ah I never even considered it, odd for me because im Tech savvy. Had a look and sure enough its all there in my google timeline. Perfect.
    2 points
  27. I agree with you. You and the company are separate legal entities so the company property that you damaged is third party property as far as you are concerned.. Get the company to write to you holding you formally responsible for the damage to their fence with the quotations for the repair. Send it by post (proof of posting) to Prima and ask them to confirm they will deal with the the third party directly. Best that someone other than you writes on behalf of the company! I suspect this is simply lack of knowledge by staff on customer service desks who don't understand the concept of companies and their shareholders being separate legal
    2 points
  28. they dont and cant use those words at all.... it would be an offence for them to do so. dx
    2 points
  29. eh? where does it say its a penalty charge = FINE? it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undert
    2 points
  30. In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease
    2 points
  31. you MUST write to them still. else guaranteed backdoor CCJ. scan everything up bothsides to one mass PDf in date order. read our upload <<Clickme guide carefully and use the online websites dx
    2 points
  32. what number are you calling? Usually best to ring the one on the back of your card
    2 points
  33. And IGNORE them some more.....
    2 points
  34. Hello, welcome to CAG. I've moved your thread to our Retail Loss Prevention subforum for further advice. It sounds as if you may get letters from people like DWF solicitors or a company called Retail Loss Prevention but we always recommend to ignore them. If the police weren't called on the day you aren't going to hear from them. Ask us any questions you want to and keep in touch but I don't think this will go anywhere. Best, HB
    2 points
  35. Formal Complaint to NatWest then. They've failed to meet their statutory obligations in regards to Section 75 of the Consumer Credit Act 1974. It might also be worth calling NatWest and stressing that it needs to be raised as a Section 75 claim and not a chargeback.
    2 points
  36. Found a BMA article related to this subject which I think the OP will find helpful. Patients recording consultations WWW.BMA.ORG.UK Our guidance answers if patients can record doctors without permission or covertly, how to respond when a patient asks to record their appointment and what to do if a covert recording is posted online.
    2 points
  37. I’m pleased to report the dealer has provided a full refund. He admits the vehicle wasn’t as described. This now closes the matter
    2 points
  38. hope everyone can see this (might be issues if not UK connection) Post Office lawyer was a jack of all trades, but failed his own | ... WWW.COMPUTERWEEKLY.COM Post Office IT scandal inquiry hears how a lawyer was at the centre of the Post Office’s attempts to prevent problems with its IT system...
    2 points
  39. LFI is spot on. In fact you could sue UKPC for breach of GDPR, as UKPC knew full well right from the start that their case was hopeless. They should never have asked for your details from the DVLA. Take some time to think if that is a road you want to go down.
    2 points
  40. There is a huge difference between Roadchef who presumably have some morals and are concerned about road safety ... ... and Group Nexus who are only interested in £££££. So, yes, appealing and mentioning illness to Group Nexus won't wash because the PPCs are simply bloodsuckers. But the organ grinder/Roadchef could well be a different story. Emphasise the medical emergency, that the person would have been committing the offence of dangerous driving had they left in the condition they were in, etc. We say not to out the driver but I think you have to tell Roadchef that the driver was incapacitated and who that was. T
    2 points
  41. then that put you in quite a strong position as under section 75 of the consumer credit act the card provider is equally liable. try that first
    2 points
  42. Good luck today, TD. Please let us know how it goes. HB
    2 points
  43. After speaking to a probate solicitor it looks like we might have a problem. It seems that the Solicitor that processed the will might not have looked at the deeds of the house and registered mine and my brothers interest in the trust. After my dad passed his wife has informed the LR and has just her name on there now and not our interest meaning we have no say over the house as it stands. I am awaiting a meeting with the original solicitor to see what has happened and how they can sort this out.
    2 points
  44. Go for it Bertie! Don't worry too much about how you dress. Just remember the arguments we made in your WS.
    2 points
  45. Hello again, Quick update regarding the situation. I stopped receiving phone calls and texts from ICON Debt Collections. However, just like Ojm_1994 i received a text this morning stating ' Notice of likely CCJ/enforcement due to non-payment. please call our legal team urgently' and received an email which said the following; 'Further to our previous correspondence, our investigations indicate you continue to be linked at the following address according to the UK Database. XXX Following instructions from our client, we are now preparing to issue legal action against you. In the event of non-payment, we wi
    2 points
  46. Will let you know if a letter of claim ever materialises but it does appear that they don't seem to go down the court route. Since this happened last June I would have expected to have heard something by now. Good luck to you
    2 points
  47. Basically, we never heard anything back at all after we appealed. No acknowledgment that our appeal was or wasn't accepted, they just went quiet
    2 points
  48. Also just another point when you refer to an exhibit it should be marked after that paragraph (see exhibit 1a) etc etc and your exhibits marked same.
    2 points
  49. 1.You only attach exhibits you have referred to either within your defence or statement...and wish to rely upon as evidence. 2. No you have not mislead the court you referred to the meter number not the account number. 3. If it is raised just say that you got confused. 4. As long as the court get theirs on time ..it can be a day late but you could also email it to the court.
    2 points
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