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Everything posted by Liverpool59

  1. Thanks for the reply. I found this paragraph from a page by Thomsons Law about parking and it states: The Claimant (the parking company) will have to prove you are liable. If they cannot prove your liability the claim will be dismissed and you can apply for your costs (travel expenses to court etc) to be paid. However if the parking company are successful, you will not only have to pay the PCN you will also have to pay the court fees and the Claimant’s costs. If you do not pay this within 14 days the Judgment will be registered against you as a County Court Judgment (CCJ) and will affect your credit rating. Is this correct? As I understand it the claimant costs are limited to 150. Would there be court costs? Could you explain please about how they would bypass the protection I have if I was to name myself as the driver? Out of interest, would the judge be annoyed that I hadn't just named myself as the driver in the first place? As at the beginning of the thread I had actually replied to them as the owner, without naming the driver, which they ignored. They then wrote again as a NTK which as mentioned was even out of time. Sorry if this sounds repetitive. I just want to get my facts straight before replying. As mentioned, I am quite happy to defend it in court as I believe they are truly in the wrong. Thanks
  2. It also states "The amount that is claimed may therefore increase in terms of costs and any interest that is recoverable"
  3. Hi, It states, "unless a satisfactory response is provided, we are instructed to start proceedings against you without any further notice in order to recover the amounts due and costs associated with the recovery of them" Thanks for your help.
  4. Hi, I have just received a letter before claim from Gladstones Solicitors regarding the above claim. I'm sure you will know the content. Strangely they don't even appear to have the date of the claim correct. Anyway, they have given me 14 days to respond providing a full account of the circumstances leading to the charge and who the driver was. It states and bless a satisfactory response is received they will start proceedings to recover the money. I assume court proceedings. They state that the amount that is claimed may increase, but you have already rebuffed that in your last post. My plan is to respond to the letter as requested with a bullet point summary of everything that has taken place. But alas, given everything you have said about them in this thread, and their connections, I assume it won't make any difference. Your advice would be gratefully appreciated. Thank you.
  5. Thanks guys. When you say win a claim by default, do you mean that It goes to court and I don't show? I take it if I lost, and I won't, then the judge would decide about costs and not them?
  6. Out of interest, if it goes to court, and they win, and I of course pay the money, does this still count as a county court judgement against me? The type you see asked when you apply for credit cards, insurance and mortgages etc?
  7. Hi everyone. It's now been six months and I have received a 'final notice' letter from AS Parking. They state they are now looking to initiate their debt recovery process. They say it is a final reminder and give various options to pay. They go on to say they will have to instruct their solicitors, (The ones who are directors of IPA) to initiate enforcement action. They state a further £50 will be added to the £100 and further enforcement action and costs may follow including, but not limited to, County Court action. Now as I have always said, I am quite prepared to go to court as I have a very strong case. They don't even send these letters by recorded delivery so how can they prove I have received them? And why on Earth have they waited SIX months? Has someone just stumbled across this in Admin and thought they would try it on. I guess the only thing I don't want is to find out from my wife that they have sent someone around to my door when I am at work. If I am there then they will have a bit of a shock. Can they do that? Is this just another empty threat, hoping I will cave? Thanks for your help everyone.
  8. Thanks armadillo71, I think I will write to them with words to that effect. Should be fun. Regards Liverpool59
  9. Thanks. From the date of notice, Oct 1st to the date of the letter, Nov 27th, it's 57 days. I only received it today. Would you advise ignore or drag it out and appeal to AS Parking again?
  10. Hi everyone. Just to keep you updated, I have today received a notice to keeper from AS Parking. It is dated 27th Nov. This means it is even out of the range of dates Silverfox mentioned, 29-56 days?? (1st Oct). It contains the usual you said would happen, that I am out of time to appeal and that they have the right to recover from me, the owner, the monies not paid. They state I can still appeal to them under exceptional circumstances but obviously this is a waste of time. They do state I could complain to them in the first instance and then the IPC. I have no intention of paying this, so I guess I should just ignore it from here on in? What do you think. I am quite prepared to go to court, even though I don't think it will. Thanks
  11. Just to clarify, on their ticket they had both badges for IPC and BPA but on their letters they have IPC. What do you mean by no authority to give the ticket? All of the letters I have sent are digitised, so are all the photos. Everything is stored and copied. Thanks for all your help.
  12. Thank you. When the ntk arrives and I appeal to the IAS, shall I tell AS what I am doing? I suppose if not then it would be a case of waiting for them to make a claim against me or drop it. What I don't want to do is overthink or overdo it. I guess I will just await their next play and keep you informed.
  13. So, Silverfox, just to clarify: 1) When I receive the ntk, shall I ignore it? 2) When someone receives a ntk, are they entitled to appeal the same as a driver? Thank you in advance. Liverpool59
  14. Oh my god, surely not. I'm off to look up the word ' independent' again in the dictionary. That's ridiculous. The same address, bar three buildings. Unreal.
  15. Ok, that's great, thank you. If, and that's a big if, a court claim arrives, I take it I go through the process of filling out whatever is required while putting together my case? Going on what you have stated it will never arrive but it's worth arming myself with knowledge beforehand.
  16. Thanks. I have to admit I find it hard not to engage in letter tennis, especially when I believe they are talking porky's. I think I will probably just ignore the letters and see if they drop it. Out of interest, Martin Lewis states that it can only ever be dealt with in a civil court due to the nature of breaking a contract. Is this right. Several of the threads are about County court actions by the parking firms. Regards.
  17. Thank you both of you. Bazza, I did not send a properly formatted dpa letter to them, just a request. I have not received a ntk. I have to admit I was not going to reply initially but succumbed to my desire to play them at their own game. Wrong, I know. I will not be engaging in any more correspondence. Unless of course a letter before action or court claim advised by silverfox1961. Interestingly on their pcn they have a logo stating they are members of the BPA as well. That is PoFa, isn't it? Cheers for your advice.
  18. Hi, first time posting so I will try to be concise. I received a PCN from AS Parking for £100. They are based in Newquay, Cornwall. On this occasion, 01.10.15, I parked my vehicle in a bay near to my friends house. To paint a picture, he lives in a brand new estate in Pool, Camborne, right next to the Heartlands centre. A lot of the areas outside these new properties are permit only parking. This is clear by the signs. Over the course of the summer I parked in a series of bays opposite a building site where the houses were nowhere near finished. There were no parking restrictions. On the night in question I parked in the same place and returned to find a ticket. The sign must have gone up within the month that I last visited. I have many photos of the poor signage that was impossible to see, no road markings and the surrounding area. It was pitch black, even on the pcn they have not recorded the colour of my veh. I wrote to appeal using a Martin Lewis template stating no contract was formed for reasons mentioned. They replied stating I had to name the driver for the appeal to proceed. I wrote back stating as the owner of the vehicle there was no legal requirement for me to do so, and also requested they answer the points raised in the original letter and to send me the photos they have of my vehicle under the data protections act 1998. They then just sent an exact copy of their first letter with a couple of paragraphs highlighted. 1) Do I have to name the driver or does my appeal as the owner stand? 2) When they inevitably send the 'notice to owner', shall I just appeal as I have done before? 3) Shall I report them for ignoring my written request for pictures under the data protections act? I am quite prepared to go to court if it comes to it. Many thanks for your help. Liverpool59
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