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ericsbrother

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ericsbrother last won the day on April 9

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About ericsbrother

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  1. they are not the first lot to do this, it is designed to intimidate the waverers and is very likely to be unlawful unless the data is held on a secure server and each individual accessing it has their own password. you can make a complaint to the ICO about this and if you get a response in time use it to bash them. The ICO still prefers to have a quiet word with miscreants rather than chucking the book at them as they hope to get the crooks to change their ways rather than punish the wrongdoer
  2. dont leave it too long before getting the info so you can then tell them where to go before they start to think you dont love them because you haven called or paid them
  3. hard to read signs also have their own reports on the Parking Pranksters blog so always use both sticks to beat them with as you cant be sure what a judge will find persuasive. they may decide that the POFA wasnt followed and that is enough or they may think that any sign is good enough if you can read it as its intent is clear ( the Scottish lady who was bankrupted suffered from this) even if it wasnt a contract. yellow lines and blue badge parking fall into this as well despite having no legal meaning on private land and disobeying is thus trespass not a contractual condition!
  4. I have done a bit more reading about situations like random people with mobile phones taking pictures. Under the GDPR they need YOUR permission to do so but this could be mitigated by having a sign saying that they employ people to go round taking pictures for a specific purpose and that you have a right to have your personal data deleted upon demand or some similar phrase. We can see that they dont and even iof they did it is unlikley that they have covered the actual use they are putting the images to because individual consent wouild be needed as the action they a photographing isnt a general filming of all customers and it isnt for crime detection or prevention. Now these bandits havent got your permission to use the images they have taken, havent asked you personally or by way of a PROPERLY worded notice so they are in trouble. My approach to this is to let the landowner know that you are intending to use the new arbitration service that deals with data protection breaches that can award damages of up to £25000 and that THEY are liable under the GDPR, not just the parking co. there is a 2 page article on this in the "Daily Mail" today that is a good starter about this kind of behaviour. Lay it on with a trowel and dont let the matter rest when they say it is the parking co's responsibility, it isnt. If you get a complaint running wit the ICO about this now you will be able to beat them with their own stick when it comes to your hearing (if they are daft enough to want to go that far)
  5. if the first lot of DCA's arent registered as deposit takers with the FCA then the debt still exists and you have just been robbed. That si why you dont pay DCA's but the actual creditor only. If BT had sold the debt on then you pay the new owner of the debt, not a third party
  6. best course of action? Ignore them. as ab aside if you agreed a 3 moth no strings contract with a member of staff then that is the contract you have and the terms were individually negotiated so they trump the usual contract. i suspect they know this but will use bullying to try and get what they want- money fro nothing. As they wont talk to you and you are going to ignore ther DCA then they wont get this money and you have done all you need to do legally to settle the matter so their loss (if they ever had a argument in the first place) blacklist the DCA phone and email
  7. standard drivel from a cmpany thta has nothing to do with anything. As you have moved house you will need to engage with ECP ( not these muppets) and as for a copy of all of the data they hold on you as a SAR and point out that they may be processing incorrect or out of date data so they should ensure that whne they have sent everything you will inform the of any corrections that are needed. You can then see what they have supposedly sent to you at any address and whilst you are waiting for this write to the DVLA and ask them who has accessed your personal data and when and for what purpose. The DVLA will probably send you a stock reply about reasonable belief rather than saying who and when so if they do you write again and demand the same info but also head the letter COMPLAINT and send a copy to whoever deals with complaints ( google them) so it is recored that you arent going to be mugged off. Once you ahve the DVLA access dats you will know whether ECP were likely to be in tiem with their KADOE requesta dn thus whether they should have accessed it at all and what address they were given for you. The SAR will give them notice that you arnt at the other address and any attempt to correspond with you there will get them into trouble shoudl you so desire it
  8. please consider this their final demand. Well as they cant demand anything that makes the statement as meaningless as the rest of the content. I havent looked them up with the FCA to see if they are registered to handle client monies. If they arent then even if you pay them the debt hasnt gone away and if they are registered they have failed to follow the rules by not proving the debt. No DCA seems to bother about the law though and Companies House and the FCA seem to just let them get on with it.
  9. BWL are the parking world second worst solictors and if you compare their letter with those written by their competitors it appears as though they even plagiarise the other dca's homework. they may well be lawyers but they are acting as a rentathreat and relying on their letterhead scaring you into thinking they have superpowers when they dont. as they say, they havent been instructed and their additional unicorn food tax is unlawful and as lawyers they know this but hope you dont. Why the mentionTrace is a bit of a mystery unless thewy want it to look like they arent money grabbing dissemblers and so you are supposed to pay soemone else for the unicorn food but it doesnt change the fact that as there is no admission of being the driver then you didnt agree to the temrs and the POFA applies and NCP got that so wrong there is no keeper liability so they have just killed another tree for no reason. On the other hand, they may all just be totally incompetent and actually belive the rubbish they trot out but then they would have stopped sending it the first time they were caught out so immoral or dishonest it is then.
  10. the next step will be that you get another court form called an allocation questionnaire. That is easy to fill out, no to mediation and give any dates you are on holiday and then the case will be sent to your local court for allocation. How long it takes from then varies a lot from one court to another. My local court has about 3 months from receiving the paperwork for a hearing date, some are longer than that, some can get simple claims heard in just over a month once you have sent the allocation form back you can't sit back and do nothing because it may all leap out at you use the time to gather whatever you think you may need and do your research as you will have to present your Witness statement and any other evidence at least a fortnight before the hearing dates and you will be wanting to do a draft statement and let us peek at it before you post it off. It is usually on the receipt of your WS that the parking co chuck in the towel because if you just say "it isnt fair" or use arguments that £100 is too much they know they will win and wont be wanting to forego their dinner. Show you understand the law and they will not want to have to pay a lawyer £50-100 just to have them hear you have been awarded £200 in costs when they can run away and tell the same lie to another poor sap and try their luck again
  11. it appears they are saying a NTD was attached to the vehicle at the time and so are now sending you the NTK because the charge hasnt been paid by the driver. I would recommend that you report this to the police as an incident of cloning and see what they say before you bother to contact the parking co. The parking co have screwd up anyway as there is no breach of contract if you are prohibited to do something so their demand is an unlawful penalty chareg. they dont have the powers to create penalty charges so they will be stuffed if they try and collect by using the courts. hopefully it wont come to that but a police crime ref will help you see them off a lot earlier. You may have to ask them for what evidence they ahve as a SAR but agin, leave that until the criminal matter is under way. Come back soon and we will help you. yopu will already have a crime ref for the original TWOC and crash so dig that out or contact the relevant police station for the CAD reference
  12. As there has to be a grace period the there must be an observed from and until time. However they are claiming that stopping at all is a breach of contract so the observed period doesnt apply but we and they know that this means it is a prohibition and not an offer to park. It can be argued that the NTK isnt POFA compliant but that really isnt the point unless you intend to sue them afterwards and then you can use the argument to say they knew they had no right to acquire your keeper details. the thing not to forget with all of this though is they are trying to make money by telling lies and they will either have to drop the claim at some point ( likely) or risk annoying a judge for bringing a hopeless claim and you being awarded some massive amount in cost (less likely as they know they arent honest in their claims)
  13. sorry but you are missing the point about how the connections are made and their likely influence. It dioesnt matter it here are a hundred mats connected if the mains link going into the board is done incorrectly. also your use of wording such as "the installation" doesnt give much help, yes the fire started in the thermostat but WHERE ? the board has a number of parts that get warm but the most likey culprit is hwere the mains is switched on and off and that is the bit that is doen by the installer. generally you will have a neutral tht stays "on" all of the time and mains that goes into a switch that is connected to the sensors that then switch the power on and off whilst stioll using the live unswitched connection to provide the current for the low voltage parts of the system. It is qwuite easy to misred the installation of this as the same board may be used for several differnt systems and thus the links need to be made in a different configuration for each system. Confuse type 1 with type 2 and you may well be passing a current permanenty though the system causing it to heat up to a point of no return. that si why you need to get a decent copy of the circiut diagram (not the installation diagram) from the makers so you can pass that on to your tame electronics bod to see what they make of the remnants
  14. di you record the call? If you had then you could have not paid them at all as they refused the payment and that is covered by the term "mitigating a debt"
  15. do you know how many people you need to take a group action to court? It is why you see so few of them in the UK
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