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Mrs O'Frog

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Everything posted by Mrs O'Frog

  1. Only trouble is, if there are several retailers it's probably outwith their control, it'll be their landlord's realm. They could complain to their landlord about driving customers away etc, but since you weren't a customer it might be difficult to convince them to bother. No harm in asking though - worst they can do is say no, just don't be too crestfallen if they do, plenty of other avenues.
  2. Did the car agree not to return? Can the car return with a different driver or can the driver return with a different car? Can neither the car nor driver return? It's a pants, unfair and unenforceable term anyway.
  3. 2 alternatives here and the choice is entirely yours. 1) Ignore it and let them waste their money sending ever more threatening letters until they send a LBC in line with PAP at which point you can send them a scathing letter which should see them cancel it. 2) Save them the money and send them the scathing letter now. (This is one of the very, very few circumstances where I would even suggest this as an option). Now 1 is fine as long as you can hold your nerve and it doesn't stress anyone. If it's going to give you or your nearest and dearest any angst, then 2 may be your preferred option. If you tried 2 and they were stupid enough to not cancel it, then you revert to option 1 - no letter tennis under any circumstances. In either case it's best to get your own photos of signs, entrance, site plan etc in case you need it later. Better to have it and not need it than the other way round. Your scathing letter (at whichever point it's sent) will tell them how pants their ANPR cameras are and maybe they should get them from somewhere a bit better than Argos next time. Suggest a 'ooman bean' looks at the records for themselves, or maybe a trained chimp if that's too difficult for them. You will refer only to "my vehicle entered" and "my vehicle left" and "my vehicle was not parked" - no "I", "Me" or anything else that might identify the driver. Before you send anything always post it here first though. It's easy to miss one little word and drop yourself in it or at least make life harder for yourself.
  4. Beware using the word "mitigating". That is only if you're admitting it and asking them to be lenient because x,y,z or whatever. You are not admitting it so there can't be anything to mitigate something you didn't do.
  5. Plus most solicitors are not especially well versed in parking contracts, so you could be paying good money for bad advice. Sometimes a parking company will send somebody from a local firm of solicitors to save them traveling. They nearly always lose when they come up against a well-prepped defendant because they have no specialist knowledge.
  6. Plus that appeal "predatory conduct... client landowner.... my MP" yadda yadda, is just soooo old and tired (copied and pasted from MSE?) that they'll just laugh and assume you haven't got a clue since you've only copied your homework. You're just inviting them on.
  7. As far as the PCN and CCJ go, it's irrelevant when the V5 was updated. The parking company are only allowed to apply for the keeper details once - when they first issue the NTK. Otherwise, if you sold the vehicle they would be chasing the wrong person.
  8. No, it's going to be scathing and rude, but you aren't going to show your hand fully yet or they will simply change what they say to fit around your point and make up some reason to cover themselves. Search for Ericsbrother's "snotty letter" (use that in the site search) and it'll give you an idea of how you'll be responding. I'm sure you'll be telling them how incompetent they are and inviting them to "bring it on" so you can have a nice day out at their expense. They are bullies and you can't reason with a bully, but if you laugh in their face, like most bullies you'll find they are cowards underneath and will slink away and pick on somebody smaller.
  9. They don't have to prove it was delivered I'm afraid. Hopefully Ericsbrother will be around shortly to give you one of his wonderful letters to send.
  10. Not a letter before claim and nowhere does it say so on the letter. Notice they ask you to pay debt recovery plus - why, if they are acting for UKCPM do they not ask you to pay them? The answer is that this is a letter from DRP who have been allowed to use Gladrags letterhead. Cosy little arrangement. Just another threatogram to ignore.
  11. So they are DYLs that she stopped at. As a general rule: 1) On private land DYLs have NO meaning and are unenforceable (unless specifically part of a contract agreed to). 2) On public highways they are enforceable by the RELEVANT AUTHORITY. That means the boys in blue or a LA officer (traffic warden as was), but NOT VCS and their ilk. Now land around airports is 99.999999% covered by Bye-laws regardless of anybody claiming ownership, private land or whatever. Bye-laws are enforced by the RELEVANT AUTHORITY (as 2 above). If VCS were feeling especially generous they could pay to raise a private claim against your mother, but they would have to be nuts since anything she had to pay (if she was found guilty) would go to the crown and not to VCS, since it's not a civil matter. Technically, what she has is a spam letter. VCS are hoping she doesn't understand that this is nowt to do with them and coughs up. Much the same as the occasional emails telling you that a long lost relative has left you a gazillion dollars in their will, so please send us $300 to get the bank draft drawn up. At best it's an offer to pay them to avoid prosecution, but what are they going to do? Grass her up? Lose money prosecuting her themselves? Nah, neither. Just keep quiet and sit on this, ignore them as you would that spam email. They will probably send her ever more scary letters, but as long as she doesn't give their fishing line a tug, they may just give up and look for an easier target. The only time to respond is if she receives a letter before claim or a claim form from Northampton. At that point we can help her with a suitable scathing response.
  12. Not quite. As HB says, he needs to respond to a LBC/LBA (whatever wording they use) if they send one. That will either come directly from CUP or from their solicitor if they use one and is sent before you receive anything from a court. Come back here for advice if he receives one. But before that as EB said: then post them here for us to look at. Lets get all the ammo together.
  13. So you ask for advice as to whether you should appeal or ignore. Everyone said not to appeal to the parking company, only M&S. You appeal to the parking company. Why???? Lets see the appeal you sent. We need to know what we're working with now in case you've scored an own goal.
  14. As far as I can see they don't say "fine". Look for key wording "may", "if" etc to give you a clue. I may win the lottery tonight and if I do I may buy a villa in Majorca. That's very different to I will win the lottery tonight and I will buy a villa in Majorca. The important letter will VERY CLEARLY have either LETTER BEFORE CLAIM or LETTER BEFORE COURT ACTION somewhere as a header. The exact wording may vary and it may come from a parking company themselves rather than a solicitor, but it will not be a "Demand for Payment" it will be a "Letter before.........." Look at some other threads and their letters to get a better idea if you're unsure. There are lots about!
  15. Ignore - get the photos of the signs pronto before they change anything. Dates are vital here too for them to create any liability so can you complete the link that is on other threads, also lets see front & back of the ntk (redacted of your personal info & bar codes etc). What location? The only person you should be making contact with is the store manager from M&S. They can instruct the parasites to cancel. Perhaps they would like your goods returned since you weren't advised that there would be an additional £85 charge for them that would be invoiced afterwards?
  16. Not that TRACE can actually instruct anybody to do anything since they don't own the debt and have as much right to claim against you as I do, in other words nil. They're just paid make you scared and pay up.
  17. Please also tell me you didn't keep using the word "I" as you have on this forum? e.g.: "I did not accept their terms" "around the bay where I parked"
  18. Okay, then follow the link from dx to get a better idea of what you should be saying. You're not appealing, you're telling them to Foxtrot Oscar.
  19. Read the link that dx has provided. The letter from EB at the end is more like what you should be sending. No point whining over the same thing to PE - they've laughed at you up until now so are they likely to have a change of heart now? You're thanking them for trying to rip you off.... really?? Time for you to laugh at them and tell them how stupid you think they are. I thought PE usually used solicitors for LBCs - is this a) definitely a letter before claim and b) definitely from PE and not their solicitors?
  20. Now if it's a taxi taking the photos and selling them on for their pound of flesh, they could be in trouble. There's a requirement to be registered or licensed or something otherwise it's a breach of GDPR I think. I don't know the full ins and outs but I think EB's up to speed on that, so hopefully he can give you accurate info rather than my foggy recollection.
  21. You say you are an overseas student - where is the car registered to and where is your home country?
  22. Then it sounds like they are out of time for returning their paperwork. The order will probably state that they have 14 days or something to submit it or the court will throw the claim out. Probably the address put them off.
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