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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 con
  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 f
  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.
  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 eas
  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 a
  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 Recover
  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 e
  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
  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
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