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    • pop up on the MCOL website detailed on the claimform. .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked.  click thru to the end  confirm and exit MCOL.  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   ……………...   lots of vcs berekeley claimform threads here use our search top right.   get reading up.    
    • Yes, The Motor Ombudsman. To be honest, I don't know a huge amount about how exactly they operate. It was just the route I was recommended. I've been in touch with one of their board of directors to get more answers about my case, and it was exactly what I'd feared, so am trying to investigate as much as possible myself to find out exactly who can be held financially accountable to either provide them with those details and/or know who to take to court.   Whole story is quite long, but essentially I purchased the vehicle back in January 2018. Within a week faults became apparent - faults that they knew about but said it was just a 'dash light malfunction' and it would be fixed before they handed it over.   Took it back to them to fix once I realised I couldn't drive it in that condition. They had it for a week or two despite calling me a couple times to say it was ready to pick up. Finally got it back and had the same gearbox issues but even worse. Took the car to another garage who estimated damages to be £2500+, so took the car back and requested refund. That kicked off the whole process and of course they denied refund saying I should go through their 'warranty program', which wouldn't cover it all anyways.    I then took it to TMO, who then decided I needed to get another opinion so we went straight to a VW specialist as the car was VW - they estimated min £3000. Resubmitted that to TMO and it's been ongoing.    Received a final decision on 01 Feb 2019 in my favour granting full refund, but I have had no contact or update since then, despite attempting to call and email numerous times.   I've brought my case to the attention of two MPs, however imagine they are extremely busy at the moment given the current climate.   I have then called Citizen's Advice to find out what further steps I can take, and they've recommended small claims court.   I wanted to get all the information from TMO first before I consider/start going down this route so I've reached out via LinkedIn to some of the board of directors for TMO which has been successful and I've actually received an update, although it's what I feared and expected. That said, he assured me they would be meeting about it today to investigate further who can be held accountable/whether they're still trading, etc. I can't trust a speedy investigation given it's been 28 months already so I'm now trying to look into it to find more information.   I gather the parent and registered company is under Crown Motors Direct Limited, which might be owned by Ahmed Al-Waheeb and/or Nadjeem Kheloufi. They do still look to be actively trading locally under Chobham Central Garage. I've been in touch enquiring about a car and asked for Nadjeem, who they said I must mean 'Nathan'.    On companycheck it reckons the below, this is the company linked to director Ahmed Al-Waheeb. Not sure how reliable that information is.   Another interesting link is https://beta.companieshouse.gov.uk/company/09967993/filing-history - confirmation statement was made on 31 Jan 2020, and 17 Jan director Ahmed changed his DOB and address.
    • Getting to the point of my post, I took an Egg loan for £4000 in February 2001, paid it for 7 months before becoming unemployed and defaulting on the loan. Much happened at this time and I ended up moving a lot as well as being technically homeless.   I finally got settled and entered into an IVA with Eversheds for £5.00 per month in June 2005 and have since been making payments.   My issue is that having paid over £2,900 the balance is still in the region of £3,147.86!   I DSAR'd Egg back in 2011 and have the information in the attached PDF. According, to their own information they defaulted me 29/04/02 when the balance was £3,697.39 and marked non-acrr. The balance remained the same, or at least no changes shown until 20/11/02 when a £60 "Waive Fee" and £226.04 "Bad Debt Charge Off" fee increasing the balance to £3,983.43   Next change is when the loan account is sold to Arrow and the balance becomes £4,859.43!   Opinions and advice very welcome!   PDF Doc via Google Drive https://drive.google.com/file/d/1b39Rq3YZm7CdXDl8p_tITqf5aR5fckVp/view?usp=sharing        
    • agreed, you need a wills and probate experienced lawyer, don't try and do it using a self serve will kit, they're not much use at all.
    • When you say TMO, I suppose that you are referring to The Motoring Ombudsman. I don't know very much about them and I don't know whether their decisions can be enforced directly in the County Court. I will have a look. Meanwhile, please can you tell us the whole story of what has happened and the value of this problem. Even with small claims – you can win but you can still have difficulty enforcing the judgement and that could well be the case here. Do they have a premises? Do they have vehicles there? I'm asking this question is because I'm trying to find out if they have assets against which a judgement could be enforced – and I mean assets which wouldn't simply disappear
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notvhappy

Parking Charge Notice!?!

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Good evening all,

 

Not 1 but 2 Parking Charge Notices arrived at work today from a company called Park Direct Ltd. for the car which I generally drive. They have been passed to me as most people know this although the registered owner/keeper is the business.

 

It is annoying that both of these notices are from the beginning of December but were only issued within the last few days as I cannot be sure I have not been there again since... Oh well, wait and see.

 

Anyway, my real issue is that the notice has been issued for the following alleged contravention: "Stopping or waiting on private land where stopping or waiting restrictions are in force." My issue with this is that in my mind I did neither. In both pictures the vehicle is clearly visible not fully in the parking space, with brake lights on, in one picture it appears clear that the vehicle is in fact still moving and is possibly 2-3 feet out of the space as I am slowly pulling in. This is because the poorly displayed parking sign is in front of me and before I decided to park, I was trying to read it for the rules about who can or cant park there between which hours etc. (It was dark in both instances).

 

I feel I am being stitched up and wonder whether any of you have any advice on how to appeal or whether it is worth appealing.

 

Thanks in advance...

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Just read the sticky at the top of the parking forum as what you appear to have are not parking penalties but invoices from a private company. There are plenty of threads in this forum where people have received similar invoices and many detail the action they took to deal with the companies who are effectively trying it on.

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Thanks Rob S. I have had a read around the site and am planning my response in writing, however, from reading the site, it has prompted a few questions...

 

1. The Notice was sent to my employer as the "Owner/Keeper", my employer has passed it to me to deal with as I was driving the vehicle on these 2 occasions. Should I write as the Owner/Keeper, or as myself as the driver on these 2 occasions?

 

2. It was in a Railway/Underground car park, from what I have read, that could make a difference, no?

 

3. Finally, the PCN states, "you were the registered owner/keeper of motor vehicle... when the the vehicle was believed to be stopping or waiting at..." Can you really be issued a ticket for stopping? Essentially you are still moving if you are stopping?!?

 

Any advice greatly appreciated... NVH

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Hi,

 

Is it the notorious Ealing Broadway Station [problem] perchance?

 

If so don't worry about railway by-laws - it is a private ticket brazen as you like, using protected terms like "Penalty Charge Notice" which they have no right to do.

 

See PePiPoo: Helping the motorist to get justice under the parking forum [may have to scroll to 2nd page]

 

This is a long running thread, apparently hundreds of people have been caught out. Don't even dream about paying - crowd of shysters.

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Thanks Barnsley Boy, having read the forum you recommended, I have no intention of paying them as it does seem like a big [problem]. However, I feel as if I am in a sticky situation as the possibility of further letters will go to my work place as the registered owner/keeper. I do not want them to think thay have employed an irresponsible person of some sort?!?

 

Would I not be better sending a letter before the initial 14 days are up denying any responsibility?!?

 

Apologies in advance if this reply seems wishy washy, but my boss who handed me the Parking notice made it clear it needed dealing with. Also, with a company as the owner/keeper, might they be more aggresive in going after the payment?

 

Thanks again...

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There is no eaqsy answer to this. Depends on your relationship with the employer. Maybe it would be worth writing to Park Direct fessing up to be the allocated driver but denying any debt, lord knows there are enough reasons. They might still write to your employer, ignoring your instructions to take any issues up with you.

 

It won't go to court, none have so far - they would lose big time. Your best bet, I know it is difficult, is to get your employer onboard. Maybe get their approval to write back to Park Direct - along the lines of "nothing to do with us mate - take it up with our employee Mr/Mrs XXXXXX. You would then write separately telling Park Direct to do something suitably biblical.

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Thanks Barnsley boy, had a chat at work today, decided to go down the, " you obviously have obtained our details from the DVLA. We are the keeper, take it up with the driver, but we do not keep records", route...

 

Wait and see I guess?

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Afternoon All,

 

Have had a letter back after the last 'appeal', from the parking company appeals department. They have written the following...

 

'...you are the keeper of the vehicle in question therefore it is yourselves who must pay the charge. The responsibility remains with yourselves to keep records of who may have driven this vehicle on the contravention date, as stated on your penalty charge notice the liability of the vehicle lies with the owner/keeper.'

 

It continues...

 

'(the), appeal has been denied because the parking bays are within a controlled zone where stopping or waiting restrictions are in force once the vehicle exceeds the double yellow lines. Stopping or waiting on private land is not permitted unless you are diplaying a valid parking permit.'

 

Finally...

 

'There are clearly two big yellow signs fixed to the barrier above the wall stating that this area is a 24/7 controlled paking zone with a no stopping sign. There is also a sign in each bay and on the entrance and exit stating what will happen if and when a vehicle is seen to enter this zone.'

 

They are demanding payment in full.

 

Any suggestions on the next response on my behalf? Should it be more final? Along the lines of it is not our responsibility to keep records, your issue is with the driver and if you have no proof of who that person is then go away? Or any other ideas?

 

Any suggestions greatly appreciated...

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Afternoon All,

 

Have had a letter back after the last 'appeal', from the parking company appeals department. They have written the following...

 

'...you are the keeper of the vehicle in question therefore it is yourselves who must pay the charge. The responsibility remains with yourselves to keep records of who may have driven this vehicle on the contravention date, as stated on your penalty charge notice the liability of the vehicle lies with the owner/keeper.'

Wrong. It's private land the contract is with the driver. Ask them to show them statute or case law that proves otherwise. Whether records of who was driving or not exist is irrelevant as this is a civil case you are under no legal obligation to disclose it (you can also use the data protection act to avoid disclosure as well). If they feel otherwise ask them to quote relevant statute or case law. Penalty charges are illegal under case law (Dunlop).

 

It continues...

 

'(the), appeal has been denied because the parking bays are within a controlled zone where stopping or waiting restrictions are in force once the vehicle exceeds the double yellow lines. Stopping or waiting on private land is not permitted unless you are diplaying a valid parking permit.'

Double yellow lines aren't enforceable without a valid TRO - on private land they have no legal basis.

 

Finally...

 

'There are clearly two big yellow signs fixed to the barrier above the wall stating that this area is a 24/7 controlled paking zone with a no stopping sign. There is also a sign in each bay and on the entrance and exit stating what will happen if and when a vehicle is seen to enter this zone.'

 

They are demanding payment in full.

No stopping signs on private land are the same as lines described above. They can only be used as terms of a contract and shouldn't they be taking that up with the driver?

 

Any suggestions on the next response on my behalf? Should it be more final? Along the lines of it is not our responsibility to keep records, your issue is with the driver and if you have no proof of who that person is then go away? Or any other ideas?

 

Any suggestions greatly appreciated...

I'd suggest one of Bernie's template letters with the above points and saying unless they can provide the evidence to support their claim that you can no longer be of assistance to them.


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