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  1. 1 Date of the infringement 16/11/2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22/11/2018 3 Date received 23/11/2018 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] y 5 Is there any photographic evidence of the event? y 6 Have you appealed? {y/n?] post up your appeal] n 7 Who is the parking company? Total Parking Solutions 8. Where exactly [carpark name and town] Heritage Retail Park, Crewe Received a 'Parking Charge Notice' this morning; cannot say we are surprised as we knew we had overstayed the allowed time and we have no reason to question the rules in place. The issue is twofold, firstly, are parking notices still largely not taking further by private parking companies, or have the laws changed. £40 seems excessive for overstaying by 43 minutes. The second issue is that my partner was using the car and she suffers from MS. Whilst visiting the nearby town, she fell ill, and whilst she didn't need any medical attention, she did have to sit in a cafe for 2 hours whilst the fainting past. The staff in there were incredibly helpful, kept checking on her and giving her food to sustain herself, so they certainly knew she wasn't well. The question would be, would one of these vulturous parking companies see that as a valid reason to cancel the ticket? I'm sure the cafe would confirm, though they are part of a massive chain so who knows.
  2. Hi Guys Ive made the mistake before of ignoring a PCN so this time I intend to respond properly. I received a notice in the post today received by one of my taxi drivers who failed to mention to me that he went into the car park or that the ticket machine wasn't working on questioning today when i received the PCN he said the person he spoke to had no clue as to what he should do.. the car is 140 miles away from my location and its unlikely I will be going that way anytime soon.. 1 Date of the infringement 28/5/18 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 07/07/18 3 Date received 11/07/18 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] no 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? {y/n?] post up your appeal] No Have you had a response? [Y/N?] 7 Who is the parking company?parkingeye 8. Where exactly [carpark name and town] Mayflower terminal short stay southampton the reverse of the PCN states" " We originally wrote to the registered keeper of the vehicle whose details were held by the DVLA at the time of the event and they informed us that you were responsible at the time of the parking event" I am now and have been since June 2016 the registered keeper and owner of the vehicle. I have not made any representation to them or anyone else about the this event or any other event as to who was the owner or driver of the vehicle at any time
  3. Location : Sandy Park Stadium, Exeter The penalty notice states that it was parked in a manner whereby the driver became liable for a parking charge. The notice states date was 02/04/2018 entry time 17:59 and exit time 19:31 total duration 01:32. Charge £80. The access road is shared to gym and Exeter chiefs Sandy Park stadium. It shows car leaving (doesn’t appear to be in car park itself) and shows car where I pulled up to pick him up (which arguably is adjacent to gym and in front of stadium but not in any parking bays itself) My husband entered the site at 17:59 to drop my 15 year old son off for his gym class at 6pm. He did not park in the car park itself e.g. designated parking bays as he pulled up to the kerb adjacent to the gym to simply unload/setting down a passenger e.g. my son. The engine was still running and you can see headlights are on from the Premier Parking ANPR Picture they provided. He then left the site immediately. I then entered the site around 19:30 (son's phone shows he phoned me at 19:29) to pick my son up at the same place. My son was waiting for me and again left the site immediately. I explained this to the Premier parking and asked them to check their cameras which would provide the evidence that the car wasn't parked for the period claimed and that my husband had just pulled over temporarily to set down/unload my son and then left immediately and I then entered with the same vehicle when I returned in the same car to pick son up. They didn't comment on this in the appeal. I can only assume they did not check their cameras for the car entering and leaving on 2 separate occasions between 17:59 and 19:31. They don’t have any evidence to refute my claim that either of us wasn't parked for the duration they state. They have taken the time from a first-in last-out’ basis which is incorrect. The parking ticket is therefore issued incorrectly. Unfortunately I didn’t see this forum or indeed watch the Watchdog programme on this until I had already appealed and lost to Premier and submitted a further appeal to POPLA. I am now waiting on Premiers response via POPLA. I used the explanation above! I realise now that it is too late. Is there any advice anyone can give me? I am sure that they will say that there is nothing on their cameras as it is not in their interest to do so. Do I have any recourse with regards ANRP being unreliable / flawed? Is there anything I should be saying back to POPLA to counteract? I have no evidence other that screenshot of son’s time when he entered the gym but doesn’t record time he left. I have a screen shot of his phone when he called me to pick him up. We live 2 miles away and the car was parked on our drive. I have checked for receipts, I have no tracker on car and don’t have CCTV at home and can’t show google map logging the journey and so I could only submit a picture to POPLA of where we pulled over. Perhaps I should have got son to write a witness statement … I didn’t see signs at the time (they are there I have subsequently checked) they mention a grace period of 15 minutes) I wasn’t paying attention to signs as we have dropped him off and picked him up in exactly the same place for the last 18months or so!
  4. Hi please can you help me, I have received a court claim from Arrow from Northampton Court, for the claim of £4900, issued 8 days ago was a bank loan issued opened up in 1998, , last know payment was 2008/9. I have not acknowledged this debt, or any comms from me to Arrow I have filed online that I will contest this claim, hopefully on Limitation Act 1980 can I now send off a CPR18 request to their solicitor ? what is should I be asking for in the CPR 18 ? All of the below 5 details ? 1.The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. 2.The deed of assignment 3.The notice of assignment 4.The default warning letter 5.The default notice (CPR 31.14 Request only worth doing if debt is over 10k. I may have this totally wrong..) I have read that some people think that a CC Agreement request letter is not really useful (sorry, I cannot remember their reasons for stating this) Is it worth it your opinion to request CCA from the DCA? shall I ring up my old bank and ask them for the last payment date ? thanks for all help in advance
  5. Thank you very much indeed in advance for any help anyone could give me as I am VERY worried I am going to end up with a large bill / CCJ I have no way of paying. Completely out of the blue around 6 weeks ago I received a letter from "1st Credit " based in Reigate saying that they were going to apply for a " stay " to be removed on a court case for a debt they were chasing me for back in 2015. This relates to a credit card that I opened in Feb 2000 (!!) - the last payment towards the debt of £25.00 a month I paid back in Nov 2011 !!! 1st Credi thought the debt on 18th Nov 2013 and filed a claim against me around the end of 2014. I defended the claim and asked for a copy of the terms and conditions of the agreement , copy of the S76CCA 1974 termination notice , a copy of the default notice and finally copy of the legal deed to assign. Although I was under the impression I had successfully defended the claim it looks like it was just " stayed ' and 1st credit have now successfully lifted the " stay " and consequently I have been sent a " directions questionnaire " that needs to be filled out and a copy sent to 1st credit !!!! It also looks like 1st credit have managed to find term and conditions of the card , copy of the assignment , stament copies and also a print out of the debt - obviously it looks like they have added a " spiteful " amount of admin and obviously I shudder to think how much inters they will aadd on from nearly 20 years ago !!! Interestingly it looks like they haven't provided a copy of the default notice or termination notice that I asked for ?? My question is - firstly is there anything I can do - is there other information they SHOULD have given me and haven't - also is it a legal requirement that they give me this documentation when chasing the debt and where is that stated ?? Apologies for such a long post but I really am worried - these companies really are incredible - they must have bought this debt fo net to nothing and are clearly determined !!! Once again many thanks indeed for any help / advice.
  6. Hi everyone Babbling on behalf of my boy as hes not too good at asking for help Hes late 20s. He moved out of his home in January to rent. His ex asked him in August to move in with him temporarily, he said no, she whined on that she couldnt go anywhere else as her friends had said no too she moved in with him for a bit. He gave her a deadline of the 20th to leave, she didnt. Shes not on the tenancy and the police were called. they told her they would return to chuck her out but havent since come back. She is now claiming she cannot be removed, as she saw it on telly about some 28 day period and she was invited there that she has rights. Questions Can she stay there? Has she got these rights to stay after some 28 day period? Has my boy got to confess to his landlord and possibly get evicted to boot? Any help would be grateful Bravo Zulu!
  7. Hi I received a claim form last year with regard to an apparent arrow global debt I owe. The debt was bought from a halifax credit card. I did a CCA and CPR request to them straight away. There was then a stay on proceedings while they got the relevant documentation together. They have now submitted a notice of application to get the stay lifted and for summary judgement to be made against me. However they do not appear to attached terms and conditions to the credit agreement, just something entitled 'Key Financial Information'. Please see attached document. They have also not supplied a copy of the default notice, just a computer database entry of it. I am going to base a defence on the fact they have not complied with the CCA request, due to the missing terms and conditions. So have not complied with section 78 of the CCA. Also that they have not supplied a copy of the default notice, therefor cannot prove that a compliant default notice has been served, pursuant to sections 87 and 88 of the CCA. Please could you have a look at the three attachments and let me know what you think. credit agreement, terms and conditions(supposed), and default notice database entry. Thanks CCA return.pdf
  8. Long story short, without going into details.... though happy to if needed... I submitted a defence to a claim against me by a plumber (though the debt collection agency did it on their behalf) in small claims court. The claimant had to respond to my defence by a certain deadline, which they didn't, so a 'stay' has been put on the case. As it was explained to me this means the claimant has to apply to a judge to resume the case. When I spoke to the court they said an application could be put forward any time in the future, so there is no time limit. So I have a few questions I wonder if anybody could help me with... 1) Is that the case that there is no time limit for an application? I've been waiting to get some works complete until this is sorted but if they can put an application in any time this could never be concluded! 2) Do judges often agree to applications to resume the claim? Or must there be extraordinary circumstances? 3) The company seems to have stopped trading under their current name (removed their online listings). If the claimant company change their trading name, or close the business and reopen under another name in the future, can they still pursue this claim? Thanks so much for any help you can give.
  9. Well what can I say hasting direct smart miles black box insurance, what a joke their black box,s are, they constantly record their data wrong and their accuracy is appalling, my son has been doing his best to keep a good rating and had been doing a pretty good job of it until 2 days ago when he got an extreme speeding warning saying he was doing 61 in a 30 and they had it pinpointed to a place called sambrook crescent, a small cul-de-sac I checked his route on the smart miles map and to my supprise his journey takes him on a dead straight line through the middle of sambrook crescent which is impossible as sambrook crescent is a twisty culdesac and impossible for his 1.0 polo to hit 61mph there sambrook crescent does back onto the bypass which is a 60mph limit, the gps on the black box was out and you can see this from his journey map but hastings direct say there is nothing they can do as the box is never wrong although its plain to see.. i would warn any one thinking of taking a policy up with these people not to bother, their customer service people are the worst ive ever come across and do absolutely nothing to help you, but they are top notch at fobbing you off
  10. I hope someone might be able to shed some light here please. I HAD a joint account with my wife. To cut a long story short, the Bank attempted to take me to court for an alleged debt (there is a lot around this subject but not for now), however there was an ongoing complaint at the time which went to Ombudsman. As as result I never submitted a Defence, and the Bank never attempted to receive a Default Judgement. As such the Claim was stayed after 6 months (as per CPR). The Bank is now attempting to harass my wife now over this using 3rd party interlopers. This is of no concern to us. We do not acknowledge the alleged debt, or account exists. However, my question is this: Can a Bank take out a separate claim ("sue") for the same alleged debt where there is a joint and several clause in a contract? My understanding is that when a joint and several clause exists the Bank can only sue once for the debt. Any thoughts anyone?
  11. Improved mail service ensures loved ones can stay in touch READ MORE HERE: https://www.gov.uk/government/news/improved-mail-service-ensures-loved-ones-can-stay-in-touch
  12. I’m a Claimant who is suing an individual for non-payment of a buildings insurance which I have to arrange. We both attended a county court hearing in Oct’ 2016 and the judge put a “stay” on the case while it was referred it to the First Tier Property Tribunal for a decision on whether I had properly charged the other party. In Jan’ 2017 we both attended the Tribunal hearing and they found entirely in my favour and referred the case back to the County Court. I have now had a letter from the County Court saying I must now apply to have the “stay” lifted. Can anyone tell me how to do this please and, is there a fee? As there is no public office at the court I tried emailing them to ask which form I may need but a very unhelpful person replied that if I didn’t know I should ask a solicitor, not them. Thanks for any help or guidance you can give. Lloyd
  13. I started a job on 9th March as a GP receptionist which is a role I wanted to do for a while. Unfortunately I fell ill with Bells Palsy a few months later and have not been to work since 2nd June. I currently receive SSP from my employers and send in regularly Fitness to Work certificates as I have had another condition brought on by Bells Palsy. Anyway to cut a long story short, I previously went a Welfare Meeting at work and it was agreed that I would return to work for 4 hours a day when I was well enough however I have now seen a neurologist who has diagnosed me with a condition called FNsD (Functional Neurological symptoms Disorder). Basically I get very bad migraines which affect my speech. The migraines are triggered by the cold, heat, humid conditions, stress, hunger, tiredness and over exertion...yes alot. My speech becomes slurred so it is difficult to speak but also difficult for people to understand me. I saw my GP today who although said that I could try to work 4 hours a day but recommended that I try a role nearer to my home (my travelling time to and from work is between 1 and a half to 2 hours each way) and a role that does not require me to talk constantly. Although I would like to return to my role, I am conscious that I may be off work again due to migraines or would have to leave work if I experience one. I was thinking that if I had to leave work, I would volunteer for a few hours a week in a role of interest but in terms of entitlement to benefits, what would my options be???
  14. Got a PCN charge for £100 for a duration of 31 minutes where the first 30 minutes was free. Looking at the actual time stamps the car was in the car park (not parked) for 95 seconds. I have sent the usuall response i.e. informing them there is no way they have suffered a loss for the car being in the car park for 95 seconds. However. I have subsequently found out that you are now supposed to obtain a ticket for the free period. They have only very recently changed their signeage to reflect this. For the past number of years this has never been the case before. On going back and looking at the signage it states that parking starts 5 minutes after entering the carpark meaning the car was only there for around 26 minutes. I have no intention of paying this so the main question is "Can they realistically issue a charge for not displaying a ticket especially as their signage clearly states 30 minutes, a big notice on the machine says "please pay for your stay" and then in small print informs you actually need to get a ticket. If a big sign says 30 minutes free and sign at the ticket machined says "please pay for your stay" I would deduce that becuase you stay for less than 30 minutes you dont need to pay therefore there is no need to get a ticket. They are essentially charging me £100 for not getting a ticket. I beat them last time when I dared them to take me to court but it is just hassle and un necessary stress.
  15. Strictly, speaking this is not a subject that would normally feature on the 'bailiff discussion' section of the forum. However, with the subject matter regularly featuring on the popular TV series; Can't Pay We'll Take it Away' it may well assist some viewers. Anyone watching the TV series would have seen the many instances of a tenant is being evicted. Routinely, the tenants had been advised by their local authorities that in order to gain assistance with emergency housing, that they must remain in the property until the actual eviction. It would seem that this practice must stop. The following is taken from a recent article from the Sheriffs Office: Housing minister, Brandon Lewis has told all local authorities to stop routinely advising tenants to stay put until the enforcement agent arrives before they can be accepted as homeless. Mr Lewis has written to all the chief executives of local councils saying that households should not be put in this position, and clarifying the guidance about homelessness. In his letter he says, “Authorities should not routinely be advising tenants to stay until the bailiffs arrive; there is no barrier to them assisting the tenant before this. By doing this, local authorities miss a valuable opportunity to prevent homelessness.” Mr Lewis writes that the statutory Homelessness Code of Guidance, which local authorities are required by law to have regard to, is clear on this matter and contains guidance on how they should treat homelessness applications where a tenant has received a valid S21 notice. This is what Mr Lewis’s letter highlights about what the guidance states: -Housing authorities should not, in every case, insist upon a court order for possession and that no local authority should adopt a blanket policy in this respect. -If the landlord intends to seek possession and there would be no defence to an application for a possession order, then it is unlikely that it would be reasonable for the applicant to continue to occupy the accommodation. -Unless a local authority has very good reason to depart from the statutory guidance, then they should not be placing households in this position.
  16. I have received a letter "Enforcement Process Commenced for a penalty charge notice to Birmingham City Council for which I know nothing about. I am now stressed wondering whats its all about. The NOtice of enforcement says I owe BCC £97 but sum outstanding is £407. A warrant was issued 08-10-15 which I have never received or even know whats its for. How can I get a stop put to this while I find out much more information about whats going on and why I have never received any other correspondence or court papers? Please give link to relevant document/process so I can sort it out this weekend if you know of one. Also BCC is not local to me it takes me a hours drive. Do I have to go there or can I go to my local magistrates courts? Thanks for any assistance.
  17. It has often been said on here that a claimant cannot claim the above interest if the action is brought under the remit of the CCA. Well section 69 certainly does not say that. Now I know people will say yes but look here The County Courts (Interest on Judgment Debts) Order 1991 This appears however to relate to section 74 of the 1984 act not 69 am I missing something here???
  18. Hi I currently work for LA who are going through a restructure, I used to work full time and now part time due to my back problems. I had a discetomy back in April but I struggle with work I work 18.5 hours 5 mornings a week. It is a struggle especially as I can't take my full medication before I go to work due to the drowsiness. I have a 5 year old and live with my partner who is on ESA support group and lower dla care component. I know I physically can't carry on doing this job. I need to know where I financially stand if I had to go on benefits. The vr payment is not a lot but it maybe a good way for me to leave my employment. I did a benefits check on Turn 2 us I need to know if it's accurate. I tried CAB and they couldn't fit me in. I have a deadline for this Wednesday about my VR. Can anyone help? Thanks
  19. Looking for some advice, whats the best action to take? Is Ignoring really the best? Wife got caught exceeding the 2 hour limit by 34 minutes, apparently the shops were busy!!!!! There was one little mistake on the notice letter, in that they didnt include our property number, just the name of the street. Is this enough to disregard this? (there are only 2 properties on our street though, but surely the principle should apply!!) Cheers
  20. Hello, This morning I drove to Totnes station to get the 10:19am train to London for a few days. I had checked on Saturday that there is long-stay parking in the APCOA parking at the station and the machines do long-stay tickets and offer the option to buy tickets in advance. So you would think if you can buy a ticket in advance there would be enough space. However there were no spaces except one in the parking allocated for maximum 1 hour stay. As far as I am aware there is no other long-stay parking in Totnes and with panicking about what to do with only a few minutes before the train I parked in the 1-hour area, ran over the bridge to buy a ticket for 4 days and ran back over to display the ticket and catch my train. Otherwise I would lose an expensive train fare. Maybe I was foolish to e-mail APCOA explaining the situation and wanting assurance they would not capitalise and they replied: Good morning, Thank you for your email. Is it possible to advise us of your vehicle registration number and for your arrival and departure dates and we can log this on our system? Unfortunately we cannot prevent a parking charge notice from being issued, however we can give you a reference number for you to appeal against should you be issued one. Kind regards, APCOA Parking (UK) I didn't send them my registration number (which I don't remember anyway since I just passed my driving test) but said I would be seeking legal advice. I believe they will try to get £100 profit from me for having to use the last available space. I do not know if they use wheel clamps. It is patently ridiculous to a. offer advance parking payment in a car park that was full the first time I used it and without reserving spaces b. to claim they cannot prevent a parking charge from being issued since it is they who are issuing it. Any advice on what to do in this case would be welcome. Please advise on what I should do! Thanks!
  21. Been offered reduced fine of £80. For overstay in carpark, paid £1. for an hour, should i pay.
  22. Hi everyone, and before starting with my request I would like to thanks everyone for their times on helping on the forum. We received a PCN on the 4/03/15 (see doc attached) asking for £70 discounted by £40 if paid within 2 weeks. My wife didn't realised that she couldn't stay longer than 2h. I contacted sainsburys who told me that they were not responsible for the car park therefore I should contact ECP. Yesterday we received the Notice to Keeper dated 24/03/15 (see attached) asking for £70 with a £1.5 handing charge if paid online! My wife is 38 weeks pregnant and takes her time when shopping. To be honest she just didn't know! I find this, out of order to be charged £70 for over staying by one hour, specially when she parks there to mainly shop at Sainsburys! Can I fight this ticket? If so, is it ok to send this? Dear Euro Car Parks As keeper of the vehicle, registration XXXX XXX, I have received your invoice number xxxxxx. The driver at the time tells me that as a regular customer of sainsburys they never realised the 2h time limits as there isn't any barrier in that car park or clear sign when you drive in,and that they are therefore not liable to pay you any money. Therefore I ask that you allow this appeal on those grounds. If you reject this appeal, please issue me with a valid POPLAicon code. Yours Recorded Keeper.
  23. hope someone can help I parked in a area in nottingham that 20 minutes free park I was there 10mins then went off for a meeting that lasted 1 hour and 45 minutes I then went back to the Clark park to the shops again. 5 days later I get a parking fine for staying in the car park for 2 hours and 9 minutes I appealed this and was turned down I then appealed to POPLA and was turned down again.
  24. What is meant by a stay of proceedings and how does it work..
  25. I borrowed £11190 to purchase a car for £15000. Unfortunately after 9 months I missed 3 payments. Money barn demanded that the car be repossessed. I offered to fully pay all arrears but they refused. They now state the car is worth £6000 despite originally informing me that they valued the car at £11400 and after sale I would not owe them any further. They also have indicated I owe approximately £13600 on a loan that was originally £11190 In a nutshell they now want be to charge me a further approx. £7800 despite taking taking the car away. So they want £7800 to add to the £2700 I have already paid Total approx. £10500 and they take the car valued at £10000 + away???? I have asked them to take me to court and will report them to the FCA. IMHO This type of loan shark operation covering itself with a veil of being a reputable lender needs adjudication. IMHO stay far away from this company as possible
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