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Everything posted by kregrs

  1. Having VT'd on 18th May, which they accepted, they are now chasing me for the May payment which was due on the 21st May. I'm still waiting for their collection agent to make arrangements to collect the vehicle, having spoken to Startline on the phone earlier, they've tried telling me I'm still liable for the vehicle until they've collected it and I still have to make the payments until then! I queried them on it, told them that as far as I was aware, my liability for the vehicle ended on the day I VT'd, therefore so did my requirement to make payment. They disagreed with this and informed me I am now in arrears and would affect my credit file! So where do I go from here?
  2. Currently have a car on finance with Startline, agreement started in Nov 2014, car was £7400, 57 reg Seat Alhambra, total payable being £10800. Fast forward a few years to now, growing family and the car is no longer suitable, not enough boot space when using all 7 seats, so have looked around and found something bigger. Finance sorted and all good to go, BUT the valuation on the Alhambra is now £1000 less than settlement figure, hence wanting to VT. I am well over the 50% mark, closer to 2/3 of the total. From reading various forums and sites, there seems to be varying timescales to offer when notifying the finance companies of VT, I've seen 14 days, 7 days and 0 days, is there any requirement to give them any notice or could I write/email and terminate the agreement immediately? I only ask as the next payment is due in 7 days. Thank you.
  3. Re the NCP pcn, I'll post some details etc later. The Parking Eye PCN that this thread originally related to was appealed via POPLA, and has been rejected. It too was double dip, I was on holiday near Newquay with my family and in laws, last day of the holiday I dropped everyone in Newquay via Aldi car park then went back to the holiday site, didn't buy anything in the time between dropping them off and picking them up, just had some peace and quiet in the caravan. In the appeal I'd asked Parking Eye to provide proof the vehicle had been on site for the time they claim, a point that was ignored by POPLA. At no point was the driver identified. This is their response to my appeal - DecisionUnsuccessful Assessor NameEmily Chriscoli Assessor summary of operator case The operator’s case is that the driver exceeded the maximum stay permitted on site. Assessor summary of your case The appellant’s case is that on the date in question, the vehicle entered the car park to drop some passengers off and exited. The vehicle returned later that day to collect the passenger. The appellant suspects that the Automatic Number Plate Recognition (ANPR) cameras have failed to detect the vehicle’s first exit and second entrance. Assessor supporting rational for decision After reviewing the evidence provided by both parties, I am not satisfied that the driver of the vehicle has been identified. The operator is therefore pursuing the registered keeper of the vehicle in this instance. For the operator to transfer liability for unpaid parking charges from the driver of the vehicle to the registered keeper of the vehicle, the regulations laid out in the Protection of Freedoms Act 2012 (PoFA 2012) must be adhered to. The operator has provided a copy of the Notice to Keeper sent. As the driver of the vehicle has not been identified, the Notice to Keeper will need to comply with Section 9 of PoFA 2012. Having reviewed the evidence provided by the operator, I am satisfied that the Notice to Keeper has complied with the requirements of PoFA 2012. Therefore, I am satisfied that the operator can transfer the liability for the unpaid parking charge to the registered keeper of the vehicle. When it comes to parking on private land, a motorist accepts the terms and conditions of the site by parking their vehicle. The terms and conditions are stipulated on the signs displayed within the car park. The operator has provided both PDF document versions and photographic evidence of the signage displayed on site. The signs state 1 ½ hour max stay. Aldi customers only. For use only whilst shopping in store. Parking limited to 1 ½ hours (no return within 4 hours). Failure to comply with the terms & conditions will result in a parking charge of: £70. The car park in question is monitored by ANPR cameras. The operator has provided photographic evidence of the appellant’s vehicle entering the site at 11:50 and exiting the site at 15:07. The images captured by the ANPR cameras confirm that the appellant’s vehicle remained on site for a total of three hours and seven minutes, therefore exceeding the maximum stay permitted of one hour and 30 minutes. I note the appellant’s comments that the driver entered and exited this particular car park twice on the date in question. As a result, the appellant is questioning the accuracy and reliability of the ANPR cameras. In terms of the technology of the ANPR cameras themselves, the British Parking Association audits the ANPR systems in use by parking operators in order to ensure that they are in good working order and that the data collected is accurate. Independent research has found that the technology is generally accurate. Unless POPLA is presented with sufficient evidence to prove otherwise, we work on the basis that the technology was working at the time of the alleged improper parking. On this occasion, the appellant has failed to provide POPLA with any evidence to substantiate his claims that the vehicle did not remain in the car park for the length of time suggested by the ANPR cameras. I am therefore working on the basis that they were in working order on the date of the contravention. Additionally, the signage states that motorists must not return to the site within four hours of exiting. According to the appellant’s version of events, the driver returned to the car park in less than four hours to collect some passengers and as such, breached a further condition of the parking contract. For clarity, the driver was more than welcome to park on site on the date in question. However, they were expected to adhere to the maximum stay on site when doing so. Ultimately, it is the responsibility of the motorist to ensure that when they enter a car park, they have understood the terms and conditions of parking. By remaining parked on site, the driver accepted the terms and conditions. On this occasion, by exceeding the maximum stay permitted, the driver has failed to follow the terms and conditions of the signage at the site. I conclude that the operator issued the Parking Charge Notice correctly.
  4. With an attitude like that, I don't think I'll bother! No need to be rude and abrupt.
  5. I'm in a similar situation, same car park, entered to drop someone off then re-entered 30 mins later to pick them up. Had the first notice and appealed, have now had a final notice BUT no response to the appeal! So assuming appeal disallowed, as final notice states no option to appeal.
  6. First of all, apologies if this is in the wrong forum, I wasn't sure where best to place it. If someone was made a ward of court, is there a register or record of wardships, and if so, is it viewable by the public? Asking on behalf of a friend who has been told they were made a ward of court in 1983, and would like to see if he can find out if this is true. Unfortunately, he cannot ask anyone who would have known at the time as they are either deceased or estranged. Thank you.
  7. Having received a charge from Parking Eye, as the registered keeper of the vehicle, do I have to notify them of who the driver was? And if I don't, what can they do?
  8. There wasn't a contract as such, I'm a freelance driver, rates and payment terms were agreed over the phone and confirmed via email, no formal contract in place. Stupid I know...
  9. Just a quick question, I need to make a claim against a Northern Irish company, they're based in Belfast, do I use the court in England or would I need to use the NI court? It's for an unpaid invoice, the company is registered in Belfast, the directors registered address is in London, the invoice is for £1700, and has been outstanding for 6 months. The debtor refuses to acknowledge attempts to contact them via letter, email and phone calls. Thanks,
  10. I haven't changed address since, and the judgement has come through to the correct address.
  11. I'm an hgv driver, working through my own limited company. I've got home this evening to find a judgement by default, this is the first I knew about any claim against my company having not received a claim pack. I understand I need to contact the court and request the judgement be set aside, I have a reasonable idea what it's regarding as the claimant is an agency I used to work for, and who I took to court and won for not paying an invoice. They had ticked to enter a defence but didn't state what their defence was (the form was blank) so the court struck out their defence and entered judgement in my favour. Now this comes through the post. They originally withheld payment of my invoice on the basis that a client had accused me of damaging a vehicle, no evidence could be produced but they sided with the client, hence my action against them. I'm led to believe that this is what they would have issued proceedings for, I dispute the matter and believe I have a defence to their claim. When I issued against them, I done it by the book ( I actually used a solicitor to issue the claim as it was easier at the time) but a letter before action was sent, and received by them prior to issuing the claim. I have yet to receive a lba from them, is this something they should have done? Will it help in my request to set aside? Thanks
  12. You might think you'll struggle to find the money to pay an accountant every month, it's nothing compared to what not having one could cost you in the long run. My accountant costs me £85 a month, for that I get my returns sorted, my vat, my payroll, accounts etc. I could probably do some of it myself but I'm paying for peace of mind, not to mention the advice etc.
  13. Just a quick question. Does a lba have to be written as a letter, or is email sufficient?
  14. That would be GB Domestic driving rules?
  15. The supposed damage has been disputed, there is no actual proof that I caused any damage, I am adamant I didn't cause any damage and their cctv footage isn't clear enough for them to use in a claim. The agency in question actually agree with this, but a month on from the alleged incident my invoices remain unpaid.
  16. Quick question, is an email sufficient to send as a lba? Or does it need to be an actual letter? I emailed before Christmas giving them 7 days to pay (there are 2 invoices outstanding), which they ignored, due to the Christmas and new year break I haven't followed it up. As for any terms, I now have a copy, not my signed copy but still their terms, and nothing relates to a limited company, they are for a paye employee or sole trader. As I have 'paid' (they deducted from invoice) previously for a couple of parking tickets and for an incident that resulted in damage, would I be able to claim that back, considering that it has never been agreed verbally or in writing that they could deduct anything?
  17. Well that was a waste of police resources. Your journey was obviously that much more important that you absolutely had to get past, despite there being heavy holiday traffic. You could obviously see past the lorry to see the situation ahead?
  18. The ignorance of some professional drivers? Maybe that should read the ignorance of the majority of car drivers. Don't know the whereabouts of these roadworks, but when approaching other works, if the traffic is moving you can guarantee that someone will jump into the gap we leave between us and the vehicle in front. You know the gap I mean, the gap that means we can stop safely without hitting the vehicle in front. Or when it's stop start traffic, that extra time it takes us to get moving, so the gap in front of us increases and guess what, some impatient car driver just has to barge their way in. Terribly sorry if you're inconvenienced by a lorry straddling the lanes, if the average motorist followed the signs then there would be no need to do it.
  19. Ah, Mr Stockdale and his staged video... All the while acting as an advertisement for his company selling dash cams. Perhaps you should watch the full length video a few times and spot the mistakes...
  20. Sorry but I disagree. I am VAT registered, on a flat rate scheme, collect VAT at the full 20% but only pay an agreed percentage, currently 10%. The only downside to this is I can't reclaim VAT on any purchases. Oh, and my turnover is LESS than the threshold.
  21. Yes, but aren't there 2 separate issues here? The unpaid invoice and alleged damage, they're blurring the lines between the two instead of dealing with them as separate issues.
  22. I have a limited company, through which I supply my services as a HGV driver, either direct to clients or via an agency. On the 3/12/15 I was engaged by an agency to work at a local haulier. On returning to their yard, at roughly 1700hrs and parking the vehicle, 40ft container on an artic, it has been alleged that I hit, and caused damage to a parked vehicle. I was notified by the haulier the next day, no more was said so I assumed the matter had been closed until today. Having submitted my invoice to the agency on 6/12/15 for payment on the 9/12/15, no payment was made. I contacted the agency on Friday to find out what was happening, was unable to make contact though. Today I was notified by the agency that payment of my invoice was on hold, pending the outcome of an investigation into this alleged damage. All that has been supplied to me are 2 pictures of the alleged damage, I have asked for cctv footage as this is apparently available, but has not been forthcoming. No further details have been provided. I wasn't aware of causing the damage at the time, and on looking at the pictures and asking the opinion of other drivers, it is unclear that the damage was caused by me in the manner claimed. The rear of the trailer is alleged to have made contact with the rear passenger door of the car, and caused 2 gouges and a dent. As I said, payment has been withheld until the matter is resolved, the resolution being that I am expected to pay the insurance excess. The excess is £700 and the amount of my invoice is £773. When I originally joined the agency as a paye driver I had signed some t&c's, on starting as a limited company no further t&c's were signed, I'm led to believe the original terms would be void as relating to a paye driver. I have a set of terms that I give to my own clients but the agency seems to have slipped through the net. I have asked for a copy of the original terms but the request has been refused. So what is the way forward? I know essentially this is a business to business issue, I've been told the correct way of dealing with this is for them to pay my invoice and then invoice me for the alleged damage. I am just a driver, in 2 years of trading I have never had this problem and could do with some advice on the way forward.
  23. Apologies if this belongs somewhere else, I wasnt sure where to post it. Premium Credit, one of those companies who provide credit for insurance policies, where you pay in installments. I had a policy last year for a classic car, paid in installments via the above company, from Aug 14 to May 15 (10 installments). The policy auto renewed in August, and so has the agreement with Premium Credit. I cancelled the policy with the broker as I found a much better deal elsewhere, renewal was £20 more than last year, £185.70, and I managed to find cover for half that amount. There seems to have been an issue with the broker, and the policy didnt get cancelled when I requested, I cancelled by phone, but has now been cancelled by the broker for some other reason, I am in the process of dealing with that aspect. Today I had a letter from Premium Credit, demanding payment of the total amount of £185.70, which got me to thinking. Is this a credit agreement? Can it be carried on from last years details, even though last year was paid in full by the end of the instalents , given that the amount of 'credit' has changed, and that I havent signed any agreement for this year. I dont actually remember signing anything for last year. I'll be contacting them tomorrow anyway to inform them I had cancelled the policy via the broker, and as such will only pay for the 14 days my car was on cover with the insurer, not the full years premium when I wont be using it. I just wondered how I stood with them, considering they have sent me a default notice, Thanks
  24. Thanks for the advice, the only issue is we havent recently moved, have been at this address for 4 years,
  25. The debt is/was owed to JD Williams, and was originally being paid via repayments to them, around 2 years ago. Between then and now I dont know what happened, neither of us have any knowledge of Cabot taking on the debt, nor of any court papers etc, the solicitors letter and todays notice being the first we knew about it. There is always the possibility it has been hidden from me and she has known about it, but I have my doubts about that.
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