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amber80

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About amber80

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  1. Thank you. I have a feeling this will go to court which I'm am worried sick about however my witness is happy to attend luckily.
  2. Hi thanks for the speedy reply. Unfortunately I do not have access to a scanner. If I ignore it though they said they'll assume liability. Will this go against me in court?
  3. UPDATE. I've added the notice to keeper below and also a new letter from their debt collectors. NOTICE TO KEEPER OR HIRE COMPANY * Where applicable, we may have obtained your details from DVLA under a “reasonable cause” request as you were the registered keeper of the vehicle specified at 11.27 on 09/02/2017. * A Parking Charge has been issued as your vehicle was involved in breaching the stated terms and conditions of use which were clearly displayed via signage and agreed to by the driver when your vehicle entered the stated location, specifically: * Parking fee covering visit duration was not paid in full * You are notified under The Protection of Freedoms Act 2012, schedule 4, that you are now required to do one of the following: Pay the outstanding amount, if you were the driver of the vehicle, OR; if you were not the driver, provide us with the full name of the driver of the vehicle along with their current address where a notice can be served, please note you are also required to pass this notice to the driver. * You are warned that if, after 29 days from the date given (which is resumed to be the second working day after the Date Issued), 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 a right to recover any unpaid part of the Parking Charge from you as the registered keeper of the vehicle. * We will accept a reduced amount of £60.00 if payment is made within 14 days of this letter. After this the reduced amount will no longer be available to you. * Should you wish to make an appeal or representation against this Parking Charge, details are on reverse of this notice. * Should you choose to ignore this notice, please be aware that Minster Baywatch may pursue this matter through the country court if necessary. Should court proceedings be issued, further costs incurred by Minster Baywatch will be added. These will include but not be limited to the cost of issuing the court claim, credit reference agency costs and our solicitor’s costs. Paying your parking Charge of £160.00 Most people pay their parking charges straightaway, but a small number of people don’t. we’re writing to you because you’ve not yet paid out client, and they’ve now asked us to collect payment. * What you need to do to settle this matter If you want to settle, you need to pay by 22/05/2017. You can pay online or by phone. Got to wwww.debtrecoveryplus.co.uk/pay or phone 02082346775. Details of other ways to pay are on the back of this letter, along with details or credit and debit card transactions fees. * What if you want to settle but you’re having problems paying Please phone us on 02082346775. We can talk about ways to make it easier and more affordable to pay, such as setting up a debit/credit card payment for your next payday, or agreeing a short term payment plan. When you phone please quote our reference ******. * What if you don’t think you’re liable for this parking charge The person liable for this parking charge is the person who was the driver when it was issued. In certain circumstance, liability can be transferred to the registered keeper. If you’re not sure that you’re liable, phone us on (TEL NO) and we’ll look in to it. If we don’t hear from you, we’ll take this to mean that you agree you’re liable for it. * What happens if you don’t pay what you owe If you pay in full or make arrangements to pay by 22/05/2017, this matter will be settled. If you don’t, we’ll recommend to our client that they take court action against you. * Import information – Supreme Court decision about parking charges You’ve probably heard people say that parking charges aren’t lawful and that motorists shouldn’t pay them. However, in November 2015 a parking operator, like our client, took a motorist to court for a parking charge- and won. The supreme Court ruled that the parking charge was lawful. The ruling is seen as an important ‘test case’ for parking operators, like our client. You can find details online at wwww.supremecourt.uk/cases/uksc-2015-0116.html Should I write to the dca and inform them I dispute this matter? Also the letter from the collection agency does not state anywhere they are regulated by the FCA but I thought they all were now and if they are could I complain about the section about the supreme court as to me that is a bit of a threat? Thanks in advance
  4. Ericsbrother I refused to give driver details so its still me as the keeper they are pursing. Right heres all i have so far 1 9th Feb 17 2 Date on the NTK 14th Feb 3 Date received 16th ( I think) 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes 5 Is there any photographic evidence of the event? Pic of car arrivng and leaving 6 Have you appealed? Yes but don't have a copy as it was on their site. refused to give the driver details Have you had a response? Re: Notice Number ****** Issue Date 14/02/2017 Further to your appeal received on 01/03/17 regarding the above Charge. We note your comments; however, when this Charge was issued this vehicle was in contravention of the agreed terms and conditions for all users of this site. Your appeal has been received along with all evidence gathered at the time of the breach of the site rules. There is a contract to enter this site, as stipulated by signage located around the car park, which clearly states that the fee for the duration of parking must be covered. Your vehicle was observed to contravene this condition. After having thoroughly examined the payment records for the date and time in question, we can find no payment having been made for your vehicle. As the keeper of the vehicle you remain liable for the charge, under the Protection of freedoms act 2012, we are therefore declining your appeal as the keeper. We are therefore unable to cancel the charge as it was issued correctly. You have now received the end of our internal appeals procedure and have a few options to choose from: Pay the charge at the prevailing rate of £60 within 14 days. Please note that after this time the discounted rate will no longer apply and the charge will rise to £100. Make an appeal to POPLA (please note this does not apply to charges issued in Scotland) – The Independent Appeals Service by visiting their website at http://www.POPLA.co.uk within 28 days. Please note that if you wish to appeal to POPLA you will lose the right to pay the charge at the discounted rate of £60, and should POPLA’S decision not go in your favour you will be required to pay the full amount of £100. If you opt to pay the charge you will be unable to appeal to POPLA. Your verification code, which you will need to appeal to POPLA, is ******. Please be aware POPLA only applies to Charge’s issued in England and Wales. If you choose to do nothing, after 35 days we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you. By law we are also required to inform you that Ombudsman Service (http://www.ombudsman –service.org/) provide an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above. To support our eligibility to pursue this Parking Charge Notice, we would like to draw your attention to the fact that on 4th November 2015 there was a landmark court decision that saw a motorist challenge a parking charge notice through the court system of England and Wales with the final appeal to the Supreme Court. Where, in a final decision made by the Supreme Court Judges, a judgement was handed down supporting the view that a parking charge should be viewed as an effective deterrent. The judgement confirmed the parking charge was lawful and motorists parking on private land must comply with the advertised terms and conditions. Further information regarding this judgement can be found at http://www.supremecourt.uk/cases/uksc-2015-0116.html Payments can be made by cheque or postal order – payable to MINSTER BAYWATCH LTD, or on the Minster Baywatch website- http://www.minsterbaywatch.co.uk Yours sincerely, Appeals Department Minster Baywatch Ltd 7 Who is the parking company? Minster Baywatch 8. Where exactlyWiggington Road York If you have received any other correspondence, please mention it here DEMAND FOR PAYMENT FOR UNPAID CHARGE we have recently written to you regarding charge reference *****. we note that despite our attempts to encourage you to satisfy the notice, both at the initial lower amount of £60 which was valid for 14 days of the date of the aforementioned letter and then the higher amount of £100 which was valid for a further 14 days, giving you 28 days in which to satisfy the notice: no payment has been received and no arrangement to pay has been agreed as such, ths notice has now been passed to our internal collections team, this has resulted in an additional charge of £55 being applied bring the total to £155.00 WHAT YOU NEED TO DO NOW YOu need to pay the amount due of £155 no later than 0/05/2017. you can do this via our website: http://www.minsterbaywatch.co.uk or by phoning our Minster Baywatch team on telephone number 01904 612277 who will be able to discuss available payment options with you. WHAT F YOU DON'T PAY WHAT YOU OWE In accordance with Schedule 4 of the protection of Freedoms Act 2012, you are liable for this charge (please see overleaf for more information regarding your liability for this charge), as such, if you have not agreed a payment schedule with us by 3/05/27, we will not be able to prevent further action being taken against you. please be aware that if payment is not received by the aforementioned date the charge will be passed to an external debt collection or our solicitors to recover any amount outstanding. yours sincerely I received the demand for payment before their copy of the appeal decision as they state they emailed it to me. they did not. Also the times they have for the vehicle being there are less than an hour and they initially state "parking fee covering visit duration was not paid in full" This, in my opinion, sounds like part payment was made?
  5. Hi the demand for 155 was from minster baywatch. I'll post the full response and fill out the form later today as i've left the paperwork at home. Cheers
  6. Hi no I've not posted about this before. Never had a parking ticket so not a clue what to do. My first thought was to ignore but then having looked on the forums I appealed. Just don't know what to do. Really don't want to go to court but will if they take it that far and it appears Minster do sometimes turn up!
  7. I received a Notice to Keeper in relation to a PCN from Minster Baywatch. I appealed stating I would not name the driver the fee covering the time the vehicle was there was paid in full (they state payment covering the full duration of the stay was not paid) and there is a witness to this. Obviously they refused this, I only found out about their refusal when I received a further notice demanding now £155 it was originally £60 then £100 and now £155. I called and was informed they emailed their response on 15th March. They absolutely did not no email was received at all and I requested a copy which they have sent in the form of a letter. Where can I go from here I am willing to go to court over it at the money was paid. The vehicle was parked for less than an hour and the fee paid covered 2 hours. They state “having thoroughly examined the payment records for the date and time in question we can find no payment having been made for your vehicle” but provide no evidence. “As the keeper of the vehicle you remain liable for the charge, under the Protection of Freedom Act 2012, we are therefore declining your appeal as the keeper” – Are they allowed to keep adding to the charge? Where do I stand with this I have never received a parking ticket and just don’t know what to do. It also states in the letter I can appeal to POPLA within 28 days but their failure to send the email means I’m out of time for this and they say “by law we are also required to inform you that Ombudsman Service provide an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA” – To me this makes no sense they’re saying I have a right in law but they’ll ignore the law? They also have put in a paragraph quoting a “landmark Court decision” and this feels a bit like a threat they might as well say don’t bother challenging us we’ll win! Can they do this as it’s kind of threatening in my opinion. Any advice would be greatly appreciated, if the £2.50 wasn’t paid then I wouldn’t argue but their fee was paid the machine gave an exit time of two hours later but it feels like I’m fighting a losing battle L One last thing the machine was one of those that did not give out a ticket to display, the registration needs to be entered and money paid. Stupidly no receipt was obtained.
  8. I will let you know how my complaint goes with the FOS Only just sent it off, fingers crossed.
  9. Just an update I have complained to myjar, when I checked again they had removed the default but the entry is still on my credit report showing continuous late payments and that i only pay periodically. they state they have to enter this as the have to show accurate recording however it is not accurate IMO as they agreed to the repayment plan which I have kept to and not made any late payments on, they also offered to update my file to say there is an arrangement in place but if they have to show accurate info on my report surely they should have already done this. I intend to progress this to the FOS do you think my points are valid as I don't want the continuous late payments showing on my report but cannot find how information should be recorded in these situations. TIA
  10. Hi I have a loan with My Jar, I took this out in 2011, got myself in a mess and then agreed a repayment plan with them which have continued to pay on time as agreed. I recently viewed my credit report and noticed My Jar have placed a default on this, now I accept I defaulted in 2011 and have since been repaying, my issue with this is they have only placed the default on my report recently and it is dated this year so will be on my report until 2021!!! Can I complain and ask them to show the date of default which was in 2011? Also can they even do this without sending a further default notice (I consider 4 years from the notice to default being put on the file unreasonable)? I requested in July for them to send a copy of my original credit agreement and statement of account which they have failed to do. Any advice would be greatly appreciated as I do not want this default lingering on my report when everything else will come off in 2017. Thank you
  11. I will do and thanks again for your help it is very much appreciated.
  12. I have been trying to come to arrangement with them for some time (and been paying them whilst trying to get them to accept an arrangement) and my correspondence was ignored. I most certainly do not think they would wipe the loan completely nor would I expect them to and I will probably take renagadeimp's advice.
  13. As stated above I would like an explanation from them regarding the issues set out they have in no way answered my complaint as yet but I do not know whether todays email is their formal response or not until I know that I cannot make a decision on their offer. I don't think this is unreasonable on my part.
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