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mr deeds

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About mr deeds

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  1. An update on this and advice on how I should respond please? I appealed the PCN as follows; Whilst I was not the driver of the vehicle, the driver of the vehicle was a customer at Morrisons, Prezzo and Cineworld. They went shopping, had a drink with friends and then watched the 17:20 showing of the film Mamma Mia. They were unaware of there being a 4 hour limit on parking, but given they were customers of three of the outlets the car park serves it would seem the length of stay was appropriate. Further under clause 13.2 and 13.4 of the BPA Approved Operator Scheme Code of Practice Control and enforcement of parking on private land and unregulated public car parks Version 7 - January 2018 (of which you are a member) it states; 13.2 If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes. 13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes. Clearly you are not following your own code of practice by allowing the minimum grace period, therefore I dispute the validity of the PCN issued, herein known as the speculative invoice. I reserve the right at a later date to provide further evidence as may be required and specifically do not agree to the tick box clause on the next page which states " I confirm I have attached all supporting information available to me, and understand that I will be unable to provide any additional evidence at a later date, unless specifically requested by ParkingEye" which is neither enforceable or legally binding but has to be ticked to submit this appeal. Below is their response; We are writing to advise you that your recent appeal has been referred for further information. You have stated that you were not the driver of the vehicle at the date and time of the breach of the terms and conditions of the car park, but you have not indicated who was. You have already been notified that under section 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking charge in full. As we do not know the driver’s name or current postal address, if you were not the driver at the time, you should tell us the full name and the current postal address of the driver. You are warned that if, after 29 days from the Date of Issue, the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you, the registered keeper. This warning is given to you under paragraph 9(2)(f) of schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under schedule 4 of that Act. Please note, if you have made or wish to make an appeal on behalf of the driver, and you do not provide the full name and current postal address of the driver, ParkingEye will be obliged to deal with the representations made in your name.ParkingEye have placed this charge on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well be rejected and a POPLA code provided. many thanks!
  2. Excellent advice, I've just checked on the BPA Code of Practice and you are correct its states "13.2 If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes." and "13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes." Thank you
  3. 1 Date of the infringement 24/7/18 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 27/7/18 3 Date received 31/7/18 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Y 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? {y/n?] post up your appeal] No Have you had a response? [Y/N?] post it up n/a 7 Who is the parking company? Parking Eye 8. Where exactly [carpark name and town] Morrisons Aldershot For either option, does it say which appeals body they operate under.IAS Mrs deeds went to the cinema with some friends, the cinema is in a complex with Morrisons, and various restaurants, so she parked in the car park. Mrs deeds and friends arrived early, went for food and drinks and then watched the film, spending 4 hours & 10 minutes in the car park (all the time using the retailers who are part of the complex. The PCN states there is a maximum parking time of 4 hours, which given the film lasted 1 hour and 54 minutes doesn't leave a massive amount of time for food and drinks before/after. Do we have any possible chance of contesting this?
  4. Yes it is these. OK but what I am struggling to understand is what the CCA will reveal? I am pretty sure there is no accumulated fees and interest on this from when it went into default.
  5. So as they are not charging me any interest, I may as well keep paying the £100 per month and the wait for the 6 years to be up for it to clear my credit file, rather than pay it all off now?
  6. OK unless I'm being thick here how will getting the CCA prove it is/isn't enforceable? Unless I'm reading the wrong thread link? Many thanks
  7. OK I get that, but it has gone from my credit record. I have not been charged interest, so not sure what asking for the CCA will achieve? And yes I have read the thread that link sends me too
  8. No regular statements since Lloyds sold it it to Apex (letter from Lloyds), and letter Apex sent lots of letters which were ignored but included one saying they had assigned the debt to Cabot, again letters ignored. No requested a CCA, what would this achieve? No PPI involved
  9. I assumed as it disappeared of my credit record due to going past 6 years is was SB? Yes payments still being made to Lloyds, who are then passing it to Apex/Cabot
  10. I've been paying Santander direct. They have not passed it to any of the debt companies And yes I paid £6k so far.
  11. Thanks for the quick reply Andy. I realise they don't have to until the 6th anniversary, but could that be part of the negotiation is paying it all off? How receptive would the be to that?
  12. I defaulted on a credit card account back in July 2009 with Lloyds TSB. I agreed with them to pay £40 per month which I have been doing ever since. In Feb 2013 Lloyds sold the debt to Prime Credit effective Aug 2012. They said all future payments would be forwarded to Apex Credit Management. In Aug 2014 Apex assigned the debt to Cabot Credit Management. I have at no time responded to Apex or Cabot. The defaulted debt has now been cleared from my credit record. I still owe around £5k. My question is, what would happen if I stopped paying the £40 per month? Many thanks
  13. Hi All, been a while since I've been on here! I have an Abbey/Santander Credit Card account that went into default in January 2010 (date of default notice). Since that time I have been paying £100 per month without missing a payment. I did have another defaults which are now Statute Barred and this Santander account is the only one showing on my credit report as in default (but satisfied). I still owe £2500 and could possibly pay off this in a lump sum. My question is, if I call them can I make them an offer and is so how much? If they accept the offer would they, or do they have to, remove the default notice from my credit report? Many thanks
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