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Everything posted by shortwoman68

  1. I didn't realise that. They are still pursuing him. Attached is the most recent letter. Letter from Gladstones Solicitors.pdf
  2. Attached is the Car park signage. The blue car is parked near the area where my son parked his car originally. Car park pictures - CUP Enforcement.pdf
  3. Sorry, if I am lacking understanding a bit, just to clarify, if the letter states ' Please accept this letter as official notification that Zenith Collections are now responsible for the recovery of this debt', this just means that they have passed it on for the debt to be recovered', is this the same as debt assignment and if so, are they allowed to do this?
  4. I located this on the internet, can anyone tell me whether it is true and has any bearing on my sons parking charge situation. The Bald Eagle Administrator Follower Posts: 4371 THE lowest common denominator DVLA clarify that parking companies cannot sell on debt to debt collectors. « on: 16 April, 2018, 11:14:50 AM » The timing of this announcement is significant in my opinion. The new General Data Protection Regulations (GDPR) come in on 25th May 2018. Under this legislation anyone caught breaching it can receive a hefty fine. Looks like the DVLA are finally getting their house in order as a result. ======================================================== DVLA clarify that parking companies cannot sell on debt to debt collectors. Parking companies obtain keeper data from the DVLA by way of the KADOE contract. Copies are available under FOI, such as here ( https://www.whatdotheyknow.com/request/kadoe_system#incoming-882991 ). This contract allows parking companies to engage debt collectors to pursue debts, but it does not allow them to sell the debt on to another party. Despite this a number of parking companies have ignored their contract with the DVLA and have been selling their data to rogue debt collector MIL Collections for as little as £1 per parking charge. MIL are well known for their aggressive practices which include blatantly lying on the telephone, using false and misleading information in letters, and pursuing debts despite not having in any known case a valid letter of assignment (MIL use an undated 'deed' which has no references to any actual parking charge and in some cases has provably been in existence before the assignment occurred as a recycled deed has been used). The DVLA initially took no action to protect motorists despite being informed of this practice many years ago, when MIL first started to buy up parking charges. Since then, MIL have caused misery and essentially 'robbed' large numbers of motorists by claiming charges which are not valid. The DVLA has now finally taken action. DVLA Statement The DVLA has issued a statement to the Trade Associations on the matter of Debt Assignment You will be aware that DVLA has been considering whether to permit private parking companies passing on DVLA vehicle keeper data to third parties as part of the assignment of unpaid alleged private parking charges. The term used in this context to describe this activity is "debt assignment." The KADOE contract does not provide for the onward disclosure of vehicle keeper data by parking companies for debt assignment, and any proposals to do so require the parking company to seek written authorisation from DVLA. However, following representations from the sector, DVLA agreed to consider its position further. I can now advise that the Agency has concluded that it will not be changing its position on this matter. As was the case with previous requests from parking companies, DVLA will not allow vehicle keeper data originating from DVLA records to be provided to third parties as part of a debt assignment arrangement. The Agency will consider disclosure of data obtained from DVLA to third parties as part of a debt assignment arrangement as a breach of contract which could result in suspension. British Parking Association Statement The British Parking Association has stated they will fully support the DVLA in this matter, and that this is a serious breach which could result in the award of 10 sanction points. 12 sanction points results in an immediate ban. The International Parking Community The IPC have not made any public statement on this matter. However, their code of practice states: 5.2 You must not pass any Personal Data to any third party company who is not a member of an Accredited Operator Scheme (or similar scheme of a different name) with an Accredited Trade Association or a firm entitled to carry on reserved legal activities According to their sanction scheme, misuse of personal data can result in 6-12 sanction points, with a starting point of 10. Factors indicating higher degree of harm 1. Personal Keeper’s Data compromised or used or obtained inappropriately. MIL Collections MIL Collections are run by failed businessman Alan Davies. Any motorists whose keeper data was purchased from the DVLA by a parking company and then sold on to MIL should raise a complaint with the DVLA and the appropriate trade association, the BPA or IPC. Misuse of personal data is an offence against the Data Protection Act 1999, so you may also have a valid claim against MIL Collections and the parking company. As the DVLA allowed this practice to carry on for some considerable time despite being notified, you may also have a claim against the DVLA, as they have a legal responsibility to keep keeper data free from misuse. If you provided your data directly to the parking company, without the DVLA being involved, then this does not apply. Happy Parking The Parking Prankster http://parking-prankster.blogspot.co.uk/2018/04/dvla-clarify-that-parking-companies.html
  5. I think initially she wanted to take some action against her but after speaking to her today, she realises that as she has only been there for a short period of time and had decided to just leave things as they are. Thanks for all your responses.
  6. The incidents she believed were on race but also on the manager throwing her weight around because yes, she could.
  7. I am trying to find out some information for a friend. She was employed but left her job after 7 weeks after experiencing bullying and harassment from her employer. She has witnesses to the false accusations made about her and treatment by her employer. Is there anything she can do?
  8. After thinking that they CUP had left well alone, they have now passed the fine to a debt collector. My son is becoming increasingly worried but I have informed him that he should do nothing unless he receives an official letter from court regarding this. I am correct? Zenith Collections - CUP.pdf
  9. Sorry I did not manage to get the pictures as yet but just following on from the letters, my son received a few more requesting payment from Debt Recovery Plus Ltd. One dated 20th September and the other 7th October. As my son does not stay here often he only opened these recently. They are now requesting payment of £160 in the first letter in the second, they state they will appoint a solicitor to commence court action if he does not pay the £160. He is getting a bit worried about the threat I have told him that there is no such traffic contravention that they have stated, therefore he should not worry. The letters are attached.
  10. Yes she is in a very tough position. I have been trying to advice her. I have told her to speak to social services for advice regarding the impact on her children, but as my sister is a senior social worker, she is going to speak to her. She has already spoken to her GP as she seems to be falling into depression...although her GP has never seen her husband, he describes him as displaying 'narcissistic behaviour' . I think she is afraid of what others think, not upsetting her children and keeping a sense of normality but doing all this is taking a toll on her. She says that she feels sorry for her husband as he is estranged from his family but in the process she is not helping herself. Its just advice that I need but I am guessing that solicitors is the best way to go right now.
  11. Thank you for you reply honeybee. My cousin seems so demotivated and down trodden. He father told her to get a divorce before he died nearly 10 years ago but she 'felt guilty' and listened to others who said that they should never divorce even though they did not know exactly what she was going through. As far as I am aware, he has never been physical with her, although he chased the younger daughter who was 12 at the time, out of the house shouting that 'she was the cause of their marriage ending'. I told my cousin that she should have called the police when this was going on as their daughter is now scared of her father. Yes brassnecked I do believe this is where he headed and I have told my cousin to be prepared for further deterioration as he seems to he determined to blame her for his deterioration. Thank you for this information but in terms of his share of the property and when it was purchase, it was only purchased by my cousin and remortgaged by her. Her husband has never had any input into the property.
  12. I am making an enquiry on behalf of my cousin. She is currently in a psychological and verbally abusive marriage and desperate to get out. She has 3 children, one at university and the others aged 16 and 13. My cousin brought her property before she was married however she re-mortgaged the house during her marriage and it is now in her married name. Her husbands name is not on the house deeds. They have been married for 21 years but the relationship has deteriorated and her husband is not only psychologically and verbally abusive to my cousin but also to their children to the point that her 16 year old daughter wants to leave home. Her husband does not physically look after himself, for example he has diabetes but did not follow the doctors advice and has had his two big toes amputated and continued neglecting himself and is now on dialysis which he has now stopped attending. When my cousin asks him why he did not attend, he makes excuses and when she tells him that he will make himself worse, he tells her not to talk to him and that he will just die. My cousin has said that she has had enough and has asked him to leave but he has refused. She is mentally drained and worried about the impact his behaviour is having on their children. She has spoken to a solicitor who informed her that she cannot get him to leave as the home is classed as a 'family home', and she may lose the house of have to give him half if she divorces him and she is unable to afford to pay for another home. She pays the majority of the bills in the home and for everything for the children as he refuses to pay for anything that he feels does not benefit him. Advice anyone please.
  13. Thank you for this information richard_se11. Background information is that he is a Nigerian national with a Nigerian passport (he mentioned that to my dad about his passport). He was originally in a detention centre in Doncaster prior to meeting up with a 'pastor' who then discussed his situation regarding entry to the UK and being able to stay. This is where my unwitting cousin comes in. She was wined and dined, got married in Doncaster although she lives in south east london . As far as I am aware, he does not have a British passport and he did state that his leave has run out. His mention of having a passport that the Home Office states they have lost, we know is not plausible. If the Home Office lost your passport, they can easily replace it therefore we know that his leave must have run out which is why he needs the money. I really think he is trying to get money out of my father for this which is not a small amount.
  14. I would like some information, if anyone knows. My father received a phone call out of the blue from his nieces estranged husband, who he has not seen or spoken to for probably 8 years. The long and short of it is, he married my cousin to stay in the country and they were together for about 6 years, although he returned to his country for about 2 years when their daughter was about a year old. He has now contacted my father with a story about sending off my cousins and his daughters passport to the home office, and the home office stating that he has a British passport but they have lost it and his leave has run out and he needs money for a solicitor although he did not state this in so many words. The family know that he is lying but I just need clarify some information. 1. Is it correct, that in order for him to obtain Leave to Remain, he would need to provide proof that he is still in a relationship with my cousin (she has a home in just her name provided by the Local Authority) 2. As he states that his Leave has run out, I am assuming that he had Discretionary Leave to Remain with no recourse to public funds. Would he need to proof that he is working and would not revert to relying on the public purse if he was granted Leave to Remain? 3. Would he require the services of a Solicitor to act for him when he puts in an application for his Leave to Remain application? Answers anyone please?
  15. Just an update on my fathers parking fine. I sent a complaint to our local MP regarding this and it was investigated. The LA sent him a letter apologising as they admitted they were wrong to issue a parking ticket where there were no visible signs and refunded his money.
  16. Unfortunately I do not possess a scanner but have done the best I can but taking pictures on my phone. PCS-DR+ letter .pdf
  17. For PCN's received through the post [ANPR camera capture] please answer the following questions. 1 Date of the infringement - 28/07/2019 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - does not officially state that it is a NTK but it was 31/07/2019 3 Date received - unknown as we were on holiday from 28/07/2019 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] - Not applicable as it does not state it is NTK however there is no reference to this 5 Is there any photographic evidence of the event? - No 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 Collection Services 8. Where exactly [carpark name and town] Cromwell Industrial Estate, Walthamstow, London E10 7QZ For either option, does it say which appeals body they operate under. - BPA
  18. My son received a Parking Charge Notice from the above company stating that they were writing on behalf of a creditor in relation to a parking charge. They stated that his details were received from the DVLA under a 'reasonable cause' request as it showed that he was the registered keeper of a vehicle. My son is very confused by this as he has never received a parking charge notice and I have never seen one like this either. the letter states that the Parking Charge has been issued because the vehicle was parked in a manner where the driver attracted a parking charge as brought to the drivers attention via signage and agreed to by the driver when the vehicle was parked on land managed by their client CUP Enforcement. Furthermore, it was issued following the use of a warden operated/monitored camera system which identified the parking incident. They state the reason of issue being: 4-Parked in a permit only parking area without clearly displaying a valid permit. I am sure that this is not a valid parking violation in relation the the Parking Contravention Codes as I have never heard of this one. Please could someone assist?
  19. Thank you for your reply. I have tried to get her to contact the organisation who placed her there in the first place. She is waiting for them to make contact to sort this out for her.
  20. Thank you for your reply. Unfortunately he ended up having to pay for that one although there was not a sign anywhere near where he parked yet again including a pole, there was one which I did notice at the beginning of the road where he parked but high up. I will relay this information to him as I do understand your point in this matter. Many thanks
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