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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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Private Parking Tickets - General discussion points


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If they have made a mistake on the time of offence on the ticket, do you think when I get the letter and I say that I can prove my car was in the works car park as was I, they will stop?

You are taking them too seriously. There is no 'offence'. They will ignore anything you have to say, so get you revenge in first and ignore them.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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Dear all,

I recently received a parking "fine" letter from Excel. The photo included on this letter shows our car parked above Sommerfield supermarket (now Spar) in Broomhill Sheffield. This is the first contact that we've received from this company. The letter doesn't include any specific information about the alleged offence relating to the "fine" and we're left to assume that it was because we slightly overran the time limit for the ticket that was purchased on that day.

 

Having read through some of the advice posted on this forum I used the appropriate template and wrote back immediately.

 

Over Christmas I discussed this with a family member who claimed that recently, in Cardiff, a private parking company confiscated his car after he repeatedly ignored demands (admittedly for several offences!) from them. I said that I did not think that this was lawful but have to confess that I wasn't entirely sure and I'm slighted worried that Excel could do the same in my instance. Despite phoning the police, he was left with no option other than to pay a significant sum of money to get his car back.

 

This is obviously a slightly different situation to the one I'm faced with now but still involves a private car parking company and I'm wondering if anyone else on these forums has experienced anything similar?

 

Thanks in advance for any replies.

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its sounds like you saying they clamped and removed it , they cannot remove a car for previous parking, get him to come on here and give the full story, he may be able to get help to get his money back

 

but we need the full story first

..

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Over Christmas I discussed this with a family member who claimed that recently, in Cardiff, a private parking company confiscated his car after he repeatedly ignored demands (admittedly for several offences!) from them. I said that I did not think that this was lawful but have to confess that I wasn't entirely sure and I'm slighted worried that Excel could do the same in my instance. Despite phoning the police, he was left with no option other than to pay a significant sum of money to get his car back..

Sorry, I don't believe it as stated. What is the real story?

regards

Please remember our troops, fighting and dying in our name. God protect them.

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Thanks for the very useful information re: Parking Charge Notices.

I received one (via Lex, the company I lease my vehicle from) a couple of days ago from Parking Eye.

Lex simply forwarded the correspondence onto me, without paying the charge. However, they are also intending to vary my Direct Debit by £15 for one month to cover the administrative cost of doing this.

I'd be very grateful if anyone could help on the following areas:

1. Parking Eye do not have my details, as Lex have not supplied these to them. Do I ignore the letter on the grounds that it will be difficult & uneconomical for Parking Eye to pursue? Or do I reply directly to Parking Eye?

2. How do I avoid further £15 charges from Lex, if they receive any further correspondence from Parking Eye?

Many thanks for any help. It'll be much appreciated.

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2. How do I avoid further £15 charges from Lex, if they receive any further correspondence from Parking Eye?

 

Write to Lex re-iterating that you do not authorise them to pay any charges on your behalf other than legally issued Penalty Charge Notices issued by the police or councils. Further, other than the above mentioned PCNs, you do not require them to forward any other mail to you and therefore do not accept any additional charges being levied on your account.

 

btw, I would also ask for a breakdown of their costs involved in forwarding one single letter to you (which presumably just needed putting in a new envelope and a 30p stamp putting on it)

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We are in receipt of your invoice dated x.

 

Initially, we do not accept that the OPC Penalty Notice dated x 2007 ref. x is valid as set down in our letter dated x 2007 (copy enclosed).

Additionally, we are absolutely dismayed that you have raised the said invoice due to the unlawful actions of a third party without even any consultation with ourselves and then to compound matter matters you advise that you intend to take payment by direct debit on the x 2007.

 

Notwithstanding that we emphatically reject the Penalty Notice and vehemently deny you have any entitlement to any payment, how you arrive at a charge of £25.00 + VAT, for simply placing a sticker on a letter and posting to us is wholly incomprehensible.

 

For the avoidance of any doubt, you are not authorised to deduct the said sum in August 2007 or in any subsequent months. We are sure that do not need to remind you, in particular given that you are part of Lloyds TSB, that the direct debit guarantee prevents you from taking such a sum.

 

In the event you receive any further letters from OPC regarding unlawful Penalty Notices, then please do not forward them to us and charge us £25.00 + VAT for the privilege.

 

Please issue a credit note for your said invoice.'

I would amend the word "penalty" to be "Parking" as no-one except the council or police can issue a penalty charge at all.
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It does depend on what is expressly stated on your ticket.

 

In my case the word Penalty was the specific wording from the notice, hence the capitalisation in my letter.

If I have been helpful please click on my star and add a comment.

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UPDATE - CP Plus Ltd

Hi all and Happy New Year!

Thanks again to all of you who provide the advice - great work.

Ref. Post 672 and to keep you amused and updated:

After my first black Parking Charge Notice (ignored) I have received a red Parking Charge Notice (ignored) and now a black Legal Action Pending notice (ignored). CP Plus Ltd are following all the usual [problem] procedures, but the letters are full of 'should' 'reserve the right' 'seek' and similar threatening but unenforceable words. Solicitors, County Court and Bailiffs now appear in 'bold'. The £40 Collection and Administration Fee has now been added. I continue to take the letters out now and again for a good laugh!

Incidentally I have complained to the DVLA about release of information.

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....been added. I continue to take the letters out now and again for a good laugh!

 

Yes, they can make for a little light relief.

 

Incidentally I have complained to the DVLA about release of information.

 

Good but probably a waste and whilst you will probably get a reply it will be their stock answer that under the "With due reason we will give details etc....".

 

What they mean is that "We give out your details to anybody who asks as we want the £2.50 for each request - ta very much".

 

A letter to your local TS and MP would be good too. Mind you many of them won't be around in a few months so might wait until the next batch are sat in the office !

 

Blagton.

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Thanks for the very useful information re: Parking Charge Notices.

 

I received one (via Lex, the company I lease my vehicle from) a couple of days ago from Parking Eye.

 

Lex simply forwarded the correspondence onto me, without paying the charge. However, they are also intending to vary my Direct Debit by £15 for one month to cover the administrative cost of doing this.

 

I'd be very grateful if anyone could help on the following areas:

 

1. Parking Eye do not have my details, as Lex have not supplied these to them. Do I ignore the letter on the grounds that it will be difficult & uneconomical for Parking Eye to pursue? Or do I reply directly to Parking Eye?

 

2. How do I avoid further £15 charges from Lex, if they receive any further correspondence from Parking Eye?

 

Many thanks for any help. It'll be much appreciated.

 

Make sure that Lex don't pay the Invoice and then claim the money back from you as to avoid your relationship with Lex getting messy. SOmebody at Lex may open one of the later letters and make payment in the beleif it is a motoring offence PCN.

 

Whilst confirming the driver details to a PPC isn't advised it *might* be best to have Lex say to the PPC "We are the RK but the driver was....". This should then direct the junk mail to you which you can then ignore at your own convenience.

 

Lex shoud of course know the difference between a PCN and PPC invoice but in the real world.....

 

Blagton

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