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Everything posted by Crocdoc

  1. The hearing is now due to take place on Thursday January 22nd. I understand one test case is going forward. It will be interesting and I will update.
  2. I should be able to update later today, unfortunately I am unable to attend but I will obtain feedback.
  3. I note that two cases relating to Private parking are listed at Edinburgh Sheriff Court for tomorrow the 15th January. VCS V Flexistore limited and VCS V Gilbert Reilly The outcome of these will be very interesting assuming they are properly defended. An undefended Judgement will of course prove nothing other than give VCS the opportunity to use their victory as a further scare tactic.
  4. I think Mr Troy may be trying to mislead here, the announcement regarding legislation made by CAB relates to Scotland, the recommendations are as follows ProposedRegulation. A) The introductionof industry funded licensing for car parks using private parking companies with the power to enforce terms and conditions given to Trading Standards. Fit and proper person check to be included in terms and conditions. B) The introductionof an industry funded independent appeals service in line with England and Wales. C) Banning the use ofthe term Parking Charge Notice to avoid confusion with Penalty Charge Notices issued by Police and local Authorities when abbreviated. D) The introductionof a cap on the level of charges which must represent Genuine pre Estimate of loss. E) Introduction of standardised dimension of signage including size of lettering with the further inclusion of the landowner address. At no time has it been suggested that POFA should be adopted in Scotland despite the fact that this may be on the BPA wish list. Underlying concern. Advice organisations are concerned that there appears to be an acceptance in certain circles that Private limited Companies should be entitled to impose fines based on Breach of Contract. It is our view that this is a very dangerous precedent to set particularly as this practice appears to breach Scots law
  6. I have invited a number of companies to raise an action in Scotland numerous time without success. In addition,You will also find that P4 parking and TNC Parking Services who do their begging mention POPLA in their correspondence as do a number of other BPA MEMBERS. OF COURSE THERE IS NO DELIBERATE INTENTION TO MISLED PEOPLE IN SCOTLAND INTO BELEIVING THAT THE PROTECTION OF FREEDOMS ACT APPLIES. HOW COULD ANYBODY THINK SO BADLY OF THIS HIGHLY ETHICAL INDUSTRY? IF I WERE YOU I WOULD SIMPLY IGNORE ALL FUTURE BEGGING LETTERS AS THEY DO NOT DO COURTS IN SCOTLAND.
  7. Without knowing full details it is always difficult to provide detailed and accurate advice. Nevertheless, the following may assist. There is no such thing as a joint Bankruptcy application, two single applications would be required. The Trustee will not take control of your bank account, he/she will take into account income and expenditure and may look for a monthly contribution from disposable income. You will still see the glossy TV adverts, however in reality Trust Deeds are becoming a thing of the past, at long last it has been recognised that the only people to make money from TD's are insolvency practitioners. Therefore I cannot see the purpose of going down this route. A joint DAS may be possible depending on your circumstances, if you chose this route ALWAYS do it through one of the free money advice agencies to avoid paying fees. I would suggest that you take some free advice in any case.
  8. I would not do any more at this stage other than keep accurate record of correspondence and produce it in court if it gets that far . Remember, it is not up to you to prove that the debt does not exist, it is a matter for the pursuer to prove otherwise. As you have requested the information in advance of the hearing wait for the response, if no explanation is provided, highlight this factor to the court.
  9. Sorry for the delay in responding as I couldn't find the original post due to a problem with my laptop e-mails. I would send the SB letter to the pursuing solicitor by recorded delivery and see how they respond as it is then up to them to prove that the debt exits. I would also ask for proof assignment, this will force the solicitor to obtain the information from Marlin in prove that they have right to raise the action.. By recorded delivery. If the information is not provided before the hearing, provide copies of correspondence to the court and seek continuation on these grounds. It may be that the bank no longer hold records due to the age of the debt, however this in itself brings us back to the SB question. If you have not acknowledged the debt IN WRITING OR MADE PAYMENT in the past 5 years THE DEBT DOES NOT EXIST in any shape or form.
  10. There are numerous appeal letters available relating to Private Parking companies in England and Wales which argue the GENUINE PRE ESTIMATE OF LOSS point (Amongst other points). I don't actually hold them as I in Scotland where the system is very different. However, I have no doubt that someone will come along and provide a suitable letter which the private parking company will reject. Nevertheless this will give you the opportunity to appeal to Parking on Private land appeals (POPLA) who do uphold appeals on the basis of GPEOL, Signage, and contractual entitlement to issue charges.
  11. You could forward the following to the pursuing Solicitor and see how they respond as it is up to them to prove that the debt exists. If this fails and you are liable you can apply for a Debt payment Programme under the terms of the Debt Arrangement Scheme (Scotland) Regulations. This blocks any enforcement action, Stops al interest and charges even the 8% Statutory and allows you up to ten years to repay with no admin fees. Dear Sir/Madam Your Ref I refer to yourcorrespondence dated the XXXXXXX , for ease of reference a copy is attached. In response, I would ask youto consider the following points: 1) This alleged debt has now prescribed under the Prescription and Limitation (Scotland) Act 1973 as the debt has subsisted for a continuous period of five years- (a) Without any relevant claim having been made in relation to the obligation, And (b) Without subsistence of the obligation having being relevantly acknowledged, Then as from the expiration of that period the obligation shall be extinguished A relevant acknowledgement in a consumer credit contract would normally be an unequivocal written admission by the debtor that the debt still exists or by making payments to the debt I would further advise you t at in Scotland unlike England and Wales the debt is totally extinguished and ceases to exist. Unless you have contrary and irrefutable proof to the above we would ask that you refrain from making anyfurther claims. I look forward to your detailed written response in advance of the pending court action. Yours faithfully GOOD LUCK
  12. This is an extremely unusual situation as the DAS admin team are normally very efficient when dealing with issues of this type. However as DAS is a Scottish debt remedy which does not extend to other parts of the UK, you will find that third party agents from outwith Scotland are not familiar with the legislation and tend to blunder on regardless. Nevertheless the legislation is quite clear and I am confident that this issue will be dealt with sooner rather than later. If not you may wish to contact the DAS admin team and request a payment reduction by means of Variation until such time as this issue is resolved. I hope this information is of assistance
  13. I agree that there never has been provision, however the BPA and their members have tried to state otherwise since the introduction of POFA in England and Wales. The example on the Pranksters website quotes the company as stating that an Australian address is not serviceable and initially refusing to provide a POPLA code, which is just another example of these companies quoting things as they would like them to be and not the way it is. I wonder what these companies will actually do having paid the fee if an appeal to POPLA fails . Could for example Debt Recovery Plus become Debt Recovery Plus International. (Begging letters now available in Mandarin, Cantonese, Japanese and Arabic ) Just a thought !
  14. I was interested to read on the Parking Pranksters website that POPLA has decided that addresses outside England and Wales are acceptable as serviceable under the Protection of Freedoms act. I fear this may upset the BPA and the PPC's who have always stated that serviceable addresses for the vehicle driver must be in the area covered by POFA. One wonders if a new can of worms has just exploded as I do recall posting some time ago during the introduction of POFA mentioning the number of people who travel from Outer Mongolia borrow a car and shop at Lidl's.
  15. Would require more detail to provide an accurate response. You should possibly start a new thread.
  16. In Scotland the owner /keeper of a vehicle is under no obligation (Legal or otherwise) to provide details of the driver to a private limited company. The BPA has confirmed that it is unlawful to pursue the Owner/ keeper in Scotland, the following written statement relating to this issue was provided to a Scottish Local authority. Contract law makes it unlawful for theprivate parking operator to pursue the Registered Keeper of the vehicle – it isa fundamental part of contract law that a contract is formed between person Aand person B (the operator and the driver) and with a few exceptions (the lawof agency being one), person C (the keeper) has no part in the formation ofthat contract and so cannot be held liable Some PPC''s do send misleading letters to Scotish residents suggesting that the Protection of Freedoms Act applies when it MOST CERTAINLY DOES NOT. In such cases a complaint should always be made to the BPA who will do absolutely nothing about it other than provide a response stating that the correspondence was sent in error, nevertheless an unsatisfactory response allows access to bigger authorities.
  17. I AGREE ENTIRELY WITH YOUR POINT, OTHER THAN TO SAY THAT IT IS UNWISE TO STATE THAT YOU WERE NOT THE DRIVER IF IN FACT YOU WERE . STANDARD LETTERS OF RESPONSE IN SCOTLAND NOW STATE THE FOLLOWING. The registered keeper/owner of a vehicle is under no obligation to provide details of the driver or any other information to a commercial company of no legal status whatsoever. (Scottish Jurisdiction). Therefore if it is your intention to pursue the registered keeper for payment in this instance, I require you to provide detailed proof of liability.
  18. You have been very lucky then that they would not accept your Money. You can safely ignore, the important factor here is that these charges are being issued by Private Limited Companies who have no legal standing of any description. They will however make noises threatening you with all sorts of things such as public execution on prime time telly. IGNORE and they will eventually give up These companies do not do courts in Scotland even when they are invited to go there. TRUST ME ON THIS ONE AS I HAVE TRIED ON A NUMBER OF OCCASIONS.
  19. Can you clarify if this a Penalty Charge Notice or a Parking Charge Notice , this is hugely important as penalty charges are enforceable and Parking Charges are TOY TOWN tickets which can be completely disregarded in Scotland.
  20. The 6 year period begins from the date you made the last payment or acknowledged the debt in writing. Therefore just because the debt is six years old it does not mean that it is automatically Statute Barred For example if you made a payment of £1.00 in December 2010, the debt would not become SB until December 2016 in England and wales. SB is five years in Scotland.
  21. Could this be another political ploy in advance of the 2015 election, The Lib Dems have lost a huge amount of ground since becoming the party of political prostitution and jumping into bed with the Conservatives. If they are to make any headway they must be seen to distance themselves from Cameron and his cronies to try and improve their standing in the polls. There again possibly I just have a suspicious mind.
  22. What a coincidence when I read this post I actually had in front of me a copy of DRP's latest junk mail relating to a Parking Charge issued in Scotland. DRP are fully aware of the situation in Scotland which is as follows. The registered keeper/owner of a vehicle is under no obligation to provide details of the driver or any other information to a commercial company of no legal status whatsoever. (Scottish Juridiction Furthermore the Britishparking association has issued the following written statement to a Scottish local Authority relating to owner/ keeper liability is Scotland. Contract law makes it unlawful for theprivate parking operator to pursue the Registered Keeper of the vehicle – it isa fundamental part of contract law that a contract is formed between person Aand person B (the operator and the driver) and with a few exceptions (the lawof agency being one), person C (the keeper) has no part in the formation ofthat contract and so cannot be held liable Regardless of the above DRP do not play by the rules in Scotland. (Perhaps some of the words are TOO BIG) Furthermore there s is also the question of DRP breaching the former OFT Rules, with responsibility now resting with the FCA. 2.6 Paragraph H. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for money. 2.8 Paragraph A Sending demands for payment to an individual when itis uncertain that they are the debtor in question. 2.8 Paragraph J Requiring an individual to supply information to prove they are not the debtor in question. 2.6 Paragraph H. Ignoring and/or disregardingclaims that debts have been settled or are disputed and continuing to make unjustified demands for money. 2.10 Paragraph B Misleading debtors into believing that they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision. . Against this background you could complain in the initial stages to DRP and the British Parking Association on the grounds of Harassment , which will fall on deaf ears or alternatively they will respond with a load of garbage. Nevertheless an unsatisfactory response gives you the opportunity to raise a complaint with much bigger guns such as the FCA (Consumer Credit license) and the DVLA who provided your information at the outset. On the other hand you can simply ignore as has been previously stated.
  23. Based on a quick calculation and without knowing your entire circumstances, I calculate that you have debts of £8590 as the balances stand at the moment. If you entered into DAS with a disposable income of £80.00 per month you would repay in 9 years with interest frozen from the point of application and any assets you have would be protected. If you choose to go down this route it would be wise to process the application through one of the free agencies to avoid fees. Visit Money Scotland .Co .UK
  24. What is a time to pay orderAdd reference 14 Time to pay orders are provided for by the Debtor's (Scotland) Act 1987. They can be applied for in the following circumstances of a debt being enforced:- a charge for payment has been served on the applicant an arrestment has been carried out an attachment has been carried out on the instructions of the creditor an action for adjudication of the debt has been commenced. More about types of diligence and enforcing payment of debt 15 Time to pay orders can only be applied for by individuals. They are not available for debts over £25,000 or for those relating to:- awards in connection with divorce actions maintenance orders income tax, VAT or car tax. 16 A time to pay order cannot be applied for if the debt has previously been subject to a 'time to pay direction' which has not been complied with, or if the legal action is at an advanced stage of enforcement. The debtor can however apply for a time to pay order if a time to pay direction has previously been applied for but not granted. How to apply for a time to pay order 17 The application form for a time to pay order can be obtained from the sheriff clerk's office at the local court 18 The form has insufficient space for income and expenditure details and it is advisable to attach a more detailed financial statement. The debtor will need to know the court reference number, the date the decree (or summary warrant for council tax) was granted and the sum outstanding. All of these details will be on the charge for payment which must be served on the client before most methods of enforcement can be employed. 19 The completed form must be returned to the sheriff clerk and it is advisable to send copies to both the creditor and their solicitor. 20 The debtor should start repayments at the proposed rate immediately. If there is a court hearing on the application this will increase her/his chances of success. 21 When the sheriff receives the application s/he will check that it is satisfactory and if it is, will make an interim order which prevents the creditor carrying out any further enforcement before the application is heard in court. A copy of this interim order will be sent to both parties. 22 If the creditor does not object to the repayment proposal, the sheriff will make a time to pay order in the terms of the debtor's application 14 days after the date of service of the application. 23 If the creditor objects to the application within 14 days, the debtor will receive a copy of the objections and any counter-proposals which the creditor may make. If the debtor agrees with the counter-proposals s/he should tell the sheriff clerk in writing. The sheriff will then make a time to pay order in terms of the counter-proposal. 24 If the debtor and creditor do not agree about the repayment proposal, there will be a court hearing at which the sheriff hears both parties. A lay adviser can represent the debtor as long as the sheriff considers the person is suitable. The sheriff either:- grants a time to pay order; or refuses to grant one, in which case the interim order stopping enforcement is cancelled. 25 The sheriff clerk sends the decision in writing to both parties. If the application is not granted and the debtor does not pay the debt immediately, the creditor can enforce the debt. If this fails you could also consider DAS as this will block any enforcement action.
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