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Cardiff Devil

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Everything posted by Cardiff Devil

  1. You may wish to redact that image further as your individual POPLA code is visible. Now you use said code to make an appeal to POPLA. There are plenty of templates available on various places but you need to ensure that you include that the driver was a genuine customer at the site on the date specified, and that the charge is NOT a genuine pre-estimate of loss (GPEOL).
  2. One other thing I just noticed upon re-reading the form. No mention of POFA 2012 at all. The only thing which hints at it is;
  3. The latest piece of waste paper has arrived from UKCPS. See attached. Some interesting points of note; Both BPA and IPC logos present, yet UKCPS are now only members of the latter. How understanding of them, so if someone sends them a cheque for £100 but forgets to include the PCN number, they cash it anyway and continue to chase you for more money. What lovely lovely people. Oh dear, so as the keeper who wasn't driving on the day, this could potentially be the first you'll hear about the issue, yet they won't accept your appeal. However.. Why I think I might just do that. How nice of them, how philanthropic... Yeah, right, whatever you say. Well, that sounds just dandy doesn't it? A £100 charge for parking in a free car park can't be unreasonable, just because they said so, or something.... I've just drafted up my challenge, for a bit of a giggle I've included the following at the end; Appeal will be sent with proof of postage this afternoon. On my previous run-in with UKCPS (back when they were with the BPA) they folded like a deck of cards at my first appeal. Somehow I don't think they'll be quite as willing to back down this time. Game on.
  4. 35 days from the date of the appeal. By my reckoning that gives them until May 7th. Don't be tempted to write to them to remind them. If they fail to provide the POPLA code in time, then they have failed to comply with the terms of the Protection of Freedoms Act (POFA), meaning that they lose the right to chase the registered keeper for the charge.
  5. This, 100% Some parking companies have been known to try and dissuade people from attending by contacting the defendant and telling them that they've discontinued the case. They then turn up to court, persuade the judge that the other person couldn't be bothered to show up and getting a default judgement. These underhanded tactics are just about the only way they can win a case. The fact that Parking Lie have written to you instead of telephoning means that they're probably not trying to trick you, but still call the court anyway just to check. If they haven't received any notice of discontinuance by the day before the hearing was due to take place, it may be worth going along anyway, with the letter from PE in hand to show the judge. He'd rightly tear them a new orifice for trying something like that Good result though, glad you stuck to your guns.
  6. Hi all. My first ever post on this site (in fact the reason for joining CAG in the first place) was for an issue with a faulty camera from Amazon. Eventually I had to take them to small claims court for the full cost of the repair. Thread here; http://www.consumeractiongroup.co.uk/forum/showthread.php?286718-Faulty-Sony-camera-from-Amazon-****RESULT**** Good luck.
  7. In your appeal just state that you had your two small children with you. Smart Parking will in all likelihood not be able to prove otherwise.
  8. Continue to ignore. Be aware that they MAY try to claim that you are now liable as keeper under the Protection of Freedoms Act 2012 (POFA) for the parking charge but since the original parking event took place in 2011, well before POFA came into force, they can go and swivel. Registering a claim with county court online takes minutes. If they were going to take you to court, they would have done it years ago.
  9. Check out Parking Prankster's website and blog. Plenty of templates and useful info on there specifically for dealing with Parking Lie. As long as you include the fact that the charge is a penalty and not a genuine pre-estimate of loss, you're 99% guaranteed a win.
  10. No surprise there. They don't make any money by allowing appeals, so it's not good practice for them. The fact that they're still including this on their paperwork without making it very clear that it's still pending a decision from the Court of Appeal is extremely naughty indeed. Now that you have the code, appeal to POPLA under GPEOL for an easy win.
  11. I'm sure this has been mentioned above but could you not simply ask a friend/relative/neighbour to pack the broken TV back into the original box for Amazon to collect? That seems like the simplest way to resolve this issue without escalating it any further than it needs to be.
  12. I'll hold off naming and shaming the hotel for the moment as the night duty manager we spoke to initially said that it wasn't our responsibility since we couldn't possibly be expected to regulate for what guests got up to in their own rooms. They're all adults at the end of the day and should be expected to know how to behave and conduct themselves properly. It was only a few days later when a different manager called us back that all this has started off. I'm happy to speak to them to try and work the matter out. However I just wanted to check that there wasn't some kind of automatic right for them to bill our debit card for any damages caused by someone else.
  13. Hi Silverfox, The function room was booked in our name, as was our own hotel room, however the guests all booked rooms in their own names. The damage was caused in and around one of the guest rooms. Aretnap: I've had a look on their website but there's no T&C's. I'll have to have a look at the paperwork at home to see if there's anything on there.
  14. Hi all. Taken a break from the motoring forum to try and sort this one out; My wife graduated uni a few months ago, and to celebrate we organised a graduation ball at a nearby hotel last Friday. It was a big affair, 3 course meal, live band, DJ and disco etc. Around 150 attendees, mostly graduates with quite a few "plus ones" attending. Towards the end of the night the duty manager pulled us to one side to ask us to wind the party up a little earlier than planned since there had been some trouble upstairs in one of the corridors, and complaints had been made. When we looked into it further, it seems that two of the female students had had a bit too much to drink and gotten into a bit of a slapping match, then their respective partners had also gotten involved and it had escalated from there. A few hundred pounds worth of damage to their rooms and the surrounding corridor. We apologised to the manager and asked them to charge any damage back to the people involved. The ones involved were asked to leave, police were called to maintain the peace but no arrests were made. Fast forward a few days, we had a call back from the hotel manager. One of the parties involved in the scuffle had their card declined. Because of this they're now chasing us for payment. On top of this, they say they had to get in a specialist cleaning company to clean blood out of the carpet which they're also asking to be reimbursed for. Our argument is that we only organised and hired the function room for the event, surely what people get up to after the event in their own room is not our responsibility? We've provided full name and address details to the hotel for the parties involved but do they have any kind of implied right to chase us as the party coordinator for any damage caused? I figure they'd have to go down the small claims court route to claim for any damages but the thing that has me worried is that our debit card is on file at the hotel (we also stayed there overnight) and that they may try to charge our card directly. Any advice? Thanks CD
  15. Tell your grandfather to simply ignore it. It's Scotland so they have no right to chase the registered keeper of the vehicle for anything. He might get some letters but that'll be it. ECP won't do court.
  16. Might be a bit late but as this is a PaymyPCN ticket, you can appeal online. I had one of these a few weeks ago. Use the appeal template as posted above but submit it via the website rather than by post.
  17. Not really, just send it to the store manager as requested and make sure you get confirmation of the cancellation in writing.
  18. NGPM seem to hold dominion over a couple of retail parks in the Cardiff area. Not seen them anywhere else so fairly sure they're a small regional operation. They're fairly toothless though, I haven't seen any record of them taking anyone to court ever. Fact is, you have a space which you pay for, this will all be laid out in a contract between yourself and your building's managing agent. This contract will overrule any kind of claim for punitive losses that they may try and spin. You say you've received the "Notice to Keeper" (NTK) through the post? Do you know if this was issued by an attendant in the car park or by some kind of ANPR system? Since ANPR normally just monitors the entrance and exit of a car park and books people if they stay too long, I'd guess at the former. With that in mind, what date was the parking "incident", and what date did you receive the NTK? NGPM are BPA members so this will be easy to beat at POPLA. You will need to file an initial appeal with NGPM but first we'll need to know the times above in case they've tripped themselves up at the first hurdle and sent the NTK too early/late.
  19. FYI this is now confirmed as cancelled. Had written confirmation of the cancellation through the post on Saturday. Another good result. Cheers all.
  20. A counter claim for what? You've ignored them up until now, so it hasn't actually cost you anything yet. You defend the claim in full, and when you win, you can claim for your costs of attending court. It's capped, so unless you're Richard Branson you should be able to recover a full day's lost wages for attending court, plus a few quid for travel expenses, parking etc.
  21. With Parking Lie there's a strong chance they'll file a court claim but there's an equally strong chance that if met with a solid defence they'll discontinue the claim without telling you and scuttle off with their tails between their legs.
  22. My money is on "PPC employee who knows that they may well be out of a job in a few weeks".
  23. This unfortunately is the risk you take if you don't report an incident immediately. The other party may say "No harm no foul, don't worry about it" but the minute you drive away, there's nothing to stop them making a claim. Unfortunately by that point you will have lost the chance to back yourself up by taking photos as evidence, speaking to witnesses etc. If this person has made a claim against your insurance some time after the event, at the very least your insurer should have contacted you to inform you of the claim against you and to get your version of events. Did they explain why they did not do this? I can understand why you wouldn't want to get your insurers involved after a minor bump but the problem here is proof. Even if he admitted liability at the time, good luck convincing your insurer of this after 2 years. He could simply deny it and it'd be your word against his. Something similar happened to me a few years ago. Minor bump in slow traffic, no damage to either vehicle. Other driver (who was alone in his car) said "don't worry, it's fine". 2 weeks later I had a claim form land on my doormat with him claiming whiplash for himself and a fictional passenger, with said fictional passenger also acting as a witness. Nothing I could do about it, it was my word against "two" of theirs. No police were called at the time and no independent witness details were available. My insurers weren't interested in fighting it as it was simply cheaper to pay out two whiplash claims than to challenge it. This is just one of many issues with the system as it exists today. Unfortunately insurers can and will increase your premium, even after a non fault accident. Their reasoning for this is that apparently if you have a non fault accident, you are more likely in future to be at fault in an accident. This is of course total BS as there's not a single scrap of independent evidence to support this, but this is par for the course with insurers. However, if they've paid out to the other party then they will have deducted your no claims bonus as well, since it's classed as a fault claim. If they haven't paid out well they should in theory reinstate your no claims bonus, and in theory reimburse your increase in premiums based on the reduction of no claims, but not for the increase in premium having declared an incident. As insurance companies are regulated by the Financial Conduct Authority (FCA) there are strict rules on how they handle customer complaints. It'd be worth making an official complaint if you haven't done so already as it sounds like they're stringing you along. Once you've made a complaint to the insurer, if they're still fobbing you off you have the right to complaint to the Financial Ombudsman Service (FOS). Financial firms hate complaints to FOS since they have to pay FOS for every complaint received, regardless of the final ruling. A threat of a FOS complaint might put the frighteners up them to get them to sort themselves out. However you are expected to have exhausted the company's internal complaints procedures first before approaching the FOS. Good luck.
  24. OK so you may have inadvertently identified yourself as the driver in your initial appeal before you came on here for advice. It's not the end of the world though. Any debt collectors that may contact you have absolutely no special powers whatsoever, no matter how official and scary looking their correspondence may be. They'd have to take you to court first, and with C2C not being a member of any kind of trade body, this is extremely unlikely. From here on, either ignore anything sent to you from C2C's pet debt collectors, or reply with a simple one-liner saying "The debt is denied, please refer this matter back to your client and do not contact me again." The only thing now that you need to be concerned about is anything headed "Letter before Action" or similar. If you get anything like that, come back here for further advice.
  25. PE v Beavis I believe hasn't been ruled on yet, so that won't be relevant. PE v Somerfield isn't anything related to parking itself, it's when PE sued Somerfield for terminating their contract I believe. I'm sure any sensible County Court Judge will take one look at that pile and drop it straight into the bin. Have PE actually provided any proof that you were ever there at all? No judge in his right mind would rule that someone can't drive onto the site of a hotel to pick up and drop off passengers without having to buy a parking ticket? What about taxi drivers? I'm sure they don't get booked for £100 a time... Don't be tempted to cave in and pay up now. This is how their scheme works, they're bombarding you with irrelevant legal paperwork trying to frighten you into paying up and it's having the desired effect since it's gotten you wavering. You have a cast iron defence in the form of the witness statement that categorically states that you weren't there all day. That alone will sink any claim they might have. Stay strong.
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