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esmerobbo

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Everything posted by esmerobbo

  1. A template letter won't do as you need to pick away at their case. The main point being put them to the test to prove the charge is a genuine loss to them, plus everything else you can add ie; compliant signs, POFA compliance, have a look around some threads and pick points up what you think is relative to your situation.
  2. Go through their claim step by step and rebuke it. Firstly the claim is issued to the keeper, SIP have not met the criteria for keeper liability under POFA so the claim can only be against the driver. This wont be a strong defence as a court would expect you to know who was driving especially a company vehicle. However it will give you the opportunity to argue that any alleged overstay could not be checked. Secondly have SIP got the relevant authority to issue a charge, you need to question on what grounds do they bring the claim, as the landowner or with the landowners authority. Thirdly the charge is not a genuine estimate of any loss, their only loss would be for the cost of 9mins parking, arguably they can add DVLA and admin costs. Finally without seeing the car park or the signs there could be further valid points for a defence with them. You need to add as many points as you can and add plenty of meat to the bones and make your argument. Another point find out who this Natasha Sarwar is and find out under what authority does she bring this claim. SIP have dropped cases where a strong defence was put up, and where they never met POFA criteria. Oh and here is a sticky! http://www.consumeractiongroup.co.uk/forum/showthread.php?395511-REceived-Court-Papers-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***
  3. Typical of most customer service departments, templated letters that have very little relevance to whatever you have asked or told them.
  4. As stated a blue badge does not give you any concessions on private land. However being disabled does they have to make adjustments for disabled people. If they allow 1.5 hours for an able bodied person then they would have to allow longer for somebody who is disabled. Their system does not know you had a blue badge on display or that you were parked in a disabled bay as it simply records you entering and then leaving. Try the store manager first, if as usual they don't do anything an appeal to Athena with a copy of your blue badge, if they are stupid enough to refuse your appeal blow them out of the water with an appeal to POPLA.
  5. Who do TLT say they are representing, DRP/Zenith or the original issuer?
  6. Posted by Bargepole over on MSE. Case #1: 3JD00565 at Colchester County Court (ParkingEye v Rogers) This had been adjourned from a previous hearing, to allow PE to produce their landowner contract. The defendant also produced photographs, showing that there was no signage at the entrance to the car park, and others were obscured. PE had produced their own photos, showing a full set of signage, which the LPC Law rep tried to argue had been taken at around the same time. However, in the background of PE’s photos were images of people in shorts, and shop signs saying “Summer Sale”. As the event occurred last November, this seemed highly unlikely. The Judge dismissed the claim on the basis of no signage = no contract. Cases #2 & #3: 3QT62681 and 3QT62156 at Southampton County Court (ParkingEye v Lemon, and PE v unnamed defendant) The Judge decided to hear two cases simultaneously, from the same car park, and with identical facts. In the first defendant’s own words: “We won! The solicitor for ParkingEye produced a contract which was dated Feb 2013 (our parking overstay was Oct. 2012) and the judge was not amused that it hadn't been included in either his or our bundles. He also refused the claim because the wording of the sign was ambiguous. Very many thanks for all your help and advice. If I can ever do anything to help, I'll be only too pleased. I have been absolutely disgusted with what I have discovered about ParkingEye Ltd. We will be contacting our local paper and I will probably write to the Daily Mail and The Telegraph. I'm also going to contact Trading Standards and the DVLA about the fact that PE have taken money wrongly (is illegally too strong a word?) for over a year in The Range car park here.” The good thing about all these, is that the Defendants were sufficiently well briefed, and confident enough to conduct their own defences against the LPC Law advocates. A bad day at the office for Rachel, I think.
  7. Maybe I should have written I have read hundreds of posts maybe thousands were the exact same letter or very similar has been reportedly written to the recipient and in some cases the actual letters shown in these posts, from Debt recovery Plus or Zenith collections or Parking collections services. All of whom are the same company using varying names to try and make unsuspecting individuals pay unsubstantiated sums of money. All three companies use intimidation and or untruths to try and get said recipients to pay these sums. In all these posts I have never seen a recipient return after being issued with a claim by Debt recovery plus or Zenith collections or Parking collection services, on behalf of a private parking company. However what I posted didn't take as long, it is however as you point out factually incorrect! However I would assume the OP got the message!
  8. I have seen hundreds if not thousands of DRP+ Zenith (same company) saying the exact as you received, ain't never seen them go any further.
  9. You have to remember their sole purpose of being there is not for what they promise ie: "car park management" but to get as much money as they can from people like you who are genuine customer but happen to contravene one of their made up conditions.
  10. NCP don't like court cost them £86.000 last go! Still they may fancy another pop!
  11. They have disabled bays because they have too, not because they want too. They can also charge you for parking in them if they so wish. Even some councils now charge when using a blue badge but normally give you extra time. Having a blue badge does not mean you can park in somebodies car park without paying. Plus in the circumstances you describe you would not have been entitled to any benefits of the blue badge scheme. However apart from that the landowners are only entitled to the fee that should have been paid, they could have an argument that they have now had loses caused by this incident, but that would be for a court to decide. As I said in an earlier post we could have helped with an appeal to win at POPLA. You really need the shop to cancel this for you now.
  12. Steven Gerrard moonlighting as a ticket issuer I hope Brendan knows about this!
  13. Oh my lord they actually sent that, you do realise its a load of cr@p I hope. That really needs complaining about to trading standards and whoever else will listen, Trevor was an idiot when he was a clamper it seems he has become even more of an idiot now he is issuing charges.
  14. They one I have seen was ANPR Ltd it was filled out except for the signature box or name box. Oh and of course no issuing court stamp!
  15. Unfortunately you should have come here for help with your appeal. If you appealed to POPLA on mitigation then you will lose. As advised you need to take this up with the shop now, see if they will get it cancelled.
  16. Then you cant go to POPLA you will have 28 days to appeal once they give you one, or they will give up.
  17. Did they send the POPLA code with the rejection? Or the offer?
  18. Indeed there is still a lot of legal clamping allowed.
  19. Are they the sole tenants or is it a business park/centre/area?
  20. If you win yes plus any other costs incurred, which are pretty limited in small claims. Do you live in Bournemouth or could you move it to another court?
  21. You would need to have it set aside, then go through the claim again and hopefully win, however Devere do seem to have a tendency to win in Bournemouth.
  22. I do hope it wasn't a legitimate clamp. Or if it was you don't know who cut it off!
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