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About mrkjd

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  1. For tickets received through the post [ANPR camera capture] (Notice to Keeper) please answer the following questions. 1 Date of the infringement 27/02/17 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 02/03/17 3 Date received 06/03/17 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? {y/n?] post up you appeal] No Have you had a response? [Y/N?] post it up 7 Who is the parking company? ParkingEye 8. Where exactly [carpark name and town] Morrison's, Totnes For either option, does it say which appeals body they operate under. It says appeal to Parking Eye and details of POPLA shall be provided if unsuccessful. Letter header states member of BPA but their appeals service is not mentioned There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE If you have received any other correspondence, please mention it here None. We would make the following additional points: The T&Cs are not displayed at the entrance. We therefore did not have the opporunity to not enter and have our car photographed No signage at entrance stating CCTV and ANRP systems in place The Parking Charge notice states the FREE parking period was exceeded. This implies a chargeable period in excess of this is available but the ticket payment machines are all out of order and covered in plastic wrapping. They do not state "Not in Use" (or similar) The machine T&Cs state a fee of £2 is payable for a maximum period of 2 hours. We therefore reasonably assumed that this was on top of the FREE period making an implied contract total of 4 hours maximum stay even though we could not pay due to the machine not being in operation. We would have happily paid the. £2. It seems Morrisons have changed the way they manage the car park andperhaps contractor. It seems the T&Cs have also changed but unfortunately, due to both versions being present the relevant T&Cs. In force are unclear and therefore, in our view, unenforceable. I have. Photos of the new notices and of the old T&Cs on the. Ticket machine we looked at.
  2. I have read through a number of posts to try and assertain my position in respect to a recent Parking Charge Notice issued to me for overstaying in a supermarket car park but some aspects vary so would welcome advice from forum members. I am the registered keeper but was not driving. The vehicle parked in a space at the supermarket. Signs state that the maximum FREE parking time is 2 hours, the stay according to PE was 2hrs 50 mins. However there are ticket issue machines located in the car park but all were out of order and wrapped in plastic. A temporary sign mentioned something about the cameras still operating (I will go and photograph the actual wording). My contention is that, although the driver was aware the maximum free parking period was 2 hrs he was not aware that the maximum stay (including any paid for periods) was confined to 2 hrs and there was no facility for him to make any such payment. The terms of the implied contract were therefore unclear and unenforceable as the machines (which form part of the implied agreement) were not functioning. We should mention that we did actually do our weekly shop at the supermarket. Any thoughts on this? I understand that the argument of charges not representing actual loss are no longer strong after a test case and that simply ignoring the notice is also no longer recommended. I am thinking of sending a template letter that I do not intend to pay giving a version of the above argument and notifying them that I was not the driver I do not have much faith in following their official "appeals" procedure for obvious reasons but will jump through that hoop if not to do so weakens the argument. Thanks in advance for suggestions
  3. The settlement was for 2x the deposit amount plus the original deposit returned in full on vacating the property (which we have now done after cleaning and checking out with the agent to ensure all was in order). That seemed fair. They have paid the monies and we have dropped the claim so the matter is now closed. We could have continued claims for compensation and other matters but it seems reasonable to draw a line through the whole matter for all parties and move on. We made our points clear and have learnt a lot about being tenants and hopefully the agent /landlord will also be better informed of what is required from them and if they wish go down a path of revenge eviction rather than deal with repairs then they need to have their ducks aligned in ALL areas of the tenancy agreement. Thanks to all on the forum who provided help.
  4. We have a case against our Landlord in the SCC system. It is due to go to mediation in 2 days. The Landlord has offered us an out of court settlement we are prepared to accept but want us to write a note to court saying settlement is reached. We don't want to do this until we have the monies. How can we best go about this? We were thinking of agreeing in writing to the proposal (which they have given us in writing) and sending a withdrawal of claim on deposit of funds. Or can we both simply tell mediation this and it amounts to the same thing (out of court settlement). Finally, if we settle before the case is heard do I get a portion of the fee we paid upfront back from Money Claim Online?
  5. Thanks for the detailed reply Steve. There is a seperately issue with PI that we are persuing but my query here was with specific regard to the certificate issued by DPS. Seems odd to me that a certificate would not include information to demonstrate to the recipient that the issuing authority acknowledged conformance required under the terms! To have to assume the email date is the deposit date does not seem satisfactory to either tenant or landlord
  6. Sorry - I should add these copies were sent by email. We also never got a copy sent by snail mail which their T&Cs suggest should be the case
  7. We didn't receive a tenancy deposit certificate from the DPS originally but chased it up and they claim it was sent and sent us a copy. Looking at the certificate however it doesn't show when the deposit was secured with them. I thought I read somewhere that the Cert has to show certain information but I can find no reference to this in the tenancy Deposit (Prescribed Information) Order 2007 and the DPS are saying they don't have to provide the date. This seems odd as surely that is key information? Does anybody on here know if there is a requirement for certain info on the certificate and provide a reference to it for me to check?
  8. It is not a counterclaim - we discovered the problems rev PI when reviewing the tenancy documentation after a S21 was served and have decided to peruse that matter seperately thru the SCC. The S21 is also flawed and we intend to make the court aware of that if/when the landlord applies to the court for possession. Assuming the landlord gets the next S21 correct we will happily comply and leave by the expiry date. We also have a compensation claim ongoing in respect to damp issues which may or may not go to court but my understanding is we have up to 6 years to decide. Thanks Legalistic for pointing out that the LL can sue his agent seperately. We thought this might be the case as the "mistakes" seem to derive from their handling of the PI. The reason for considering adding the agent is that, we were dealing with a longstanding and professional intermediary and so any award by the courts would likely reflect that and could apportion liability between the agent /landlord directly whereas expectations of the court on the landlord alone may be less rigorous.
  9. I just submitted a claim against my landlord using MoneyClaim Online but have noted a couple of possible issues: I put the landlords home address down but then noticed that the tenancy agreement says notices "may" be sent to the agents address. Can I change the address online? Do I need to since it only says "may" rather than "shall" or "must" I have also been advised that I should have included the agent as a defendant. Can I add a defendant? I have looked on the Moneyclaim website and user guide but can't seem to find anything on these 2 points. Can anybody advise me on here?
  10. I have read several posts on SAR in respect to financial issues and elsewhere discussions with landlords about the same but I have seen little on what tenants can expect to receive when making a SAR to an agent. It is a little difficult to specify data I would like when I am not conversant with what an agent would keep! I would like to see communications between the agent and landlord in respect to regular inspections of the property for which i was present (and for which I feel a copy of reports should have been given for joint agreement). I would like to see my tenant file. I would like to see any communications about me in respect to my deposit and referencing. Anything else?
  11. Thank you both for your contributions. I think I'll just sue the landlord and he can have a dust up with the agent if he feels he cocked up (maybe not the correct legal term!) The Part 8 CC path requirement is interesting - why would a plaintiff have to go down that path? Could the defendant insist that path is used prior to the hearing or is it for the SCC judge to decide? So for clarity, are we agreeing that there are 2 separate noncompliance acts here - 1 for the initial 12 months, and another for the following 12 months for which separate agreements were signed? My view is that this is the case and as the purpose of the penalty is to encourage compliance it is applicable whereas if it was compensatory this may not be the case as the "losses" would merge. We can't afford professional legal help and are not eligible for legal aid so we have to fight this ourselves. The specifics of the case do appear strong in reviewing them against various case law so we would probably go down the CC path if required.
  12. Our landlord is revenge evicting us after we pushed for repairs to the property. On reviewing our tenancy documentation it is clear the agent he used did not provide all the prescribed information required. We want to sue for the deposit return plus penalty award. We are aware the landlord is ultimately responsible but the agent signed the deposit scheme forms and managed the process. We feel the landlord may suggest it was therefore not their fault and minimise the penalty whilst the agent deals with many properties and our expectation of going thru them was for due diligence and process to be followed which warrants a higher penalty. So we want to sue both parties . Is this advisable and if so, how would any award by the judge be applied? As a relevant factor, we are suing in respect to the original deposit against a tenancy agreement for 12 months in 2013-2014. We signed another 12 months 2014-2015. From what I've read elsewhere it appears we can sue twice ie for the failure to comply with the PI of the 2007 Order for the first agreement then again for the second agreement . Indeed that 2nd agreement then rolled over to monthly renewable so is that a 3rd instance of noncompliance? So the deposit amount is£1200. We wish to apply for the maximum penalty of 3x 1200 being 3600 plus the deposit of 1200 making a total of £4800. And if this apples for both 12 month terms then the total settlement is £9600. Is this correct?
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