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    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
    • 1 Date of the infringement 16th March   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received unsure   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.   Have you had a response? [Y/N?] post it up Yes, rejected:   Site: Sea View Car Park, PL27 6SR Date of Event: 16th March 2024 We are in receipt of your challenge in relation to the above Parking Charge. Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error. As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'. 'The Contract' also details that there is an exception for those with a valid mobile session in place. Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'. Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined. We note that you have submitted evidence of payment; however, said payment is not for this location. It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay. In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter. Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to. Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter. 7 Who is the parking company? Alliance Parking LTD   8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall   For either option, does it say which appeals body they operate under. IAS Hi there, thanks in advance for any help on this.   Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense. I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.) I only had receipts for two instances so I assume the first it didn't go through as had terrible signal. Paid £60 for one of the fines. Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.   Have now received the attached letter of claim. I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance. LOC-alliance-1.pdf Apologies, 2nd page of LOC here. LOC-alliance-2.pdf
    • Would still like to see the court bundle  Any part ex as deposit or any deposit paid on the agreement does imo count towards the one third or the half in the case of a VT
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HFC/Weightmans Advice


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It seem the left hand doesn't know what the right one is doing with regards to HFC and weightmans.

 

Could you not contact HFC by letter requesting the outstanding balance figure? That way at least you know what you owe from the horses mouth as it were, and maybe at the same time send a token payment as Rory suggests telling them that you have very little disposable income and that is all you can afford at this time, you could also include a statement of means showing just how little income you have to play with.

 

At least it shows willing and if it does come to court the Judge will at least see that you are prepared to deal with the issue with the limited resources you have.

 

Hope this helps

 

Mick

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Hi mazel01,

Dont worry sbout the amount, i have had 4 different values of my loan, all of which are wrong, when you get yoy SAR back it should state on that info, you could also send away for you credit report as this will show you what balance the loan has left. I,ve just started on weightmans and they want new info on me and said that i owed £37,000 which calculates to 3.5 x the original loan amount with PPI at nearly £5000, make sure your SAR is exactly what it is supposed to be as what they sent me was basically a list of telephone cal logs, they are basically refusing to supply me with SAR so after the ICO i'm goig to court....i cant stress enough....IF YOU CAN GET THE CORRECT INFO then you can apply your defence....If you cannot get the requested information they are legally abliged to give you then you can file an order through the courts and claim comp for non-compliance of SAR regarding PPI.

 

Chin up bud, and keep your wits about you coz they are b*****ds.

 

Regards Gordon

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Please could someone help me on this, I am shaking like a leaf...

 

Received letter from HFC this morning enclosing statement of account but no other information although I SAR'd them.

 

Also received a letter from the courts via Weightmans that they have started legal proceedings against me.

 

I was fuming so I rang Weightmans and spoke to someone who said that they were entitled to issue legal proceedings against me. I told them that I had only received a part answer to my SAR from HFC and the account was in dispute. She said well thats nothing to do with Weightmans we can issue proceedings when we want to and have done. I said thats totally incorrect & illegal what you have done.....she said no HFC haven't told us that the account was in dispute so therefore we have issued these proceedings......after 20 minutes of talking to a brick wall I slammed the phone down......

 

PLEASE HELP I AM SO WORRIED & STRESSED!!!!

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Forgot to mention, when I rang Weightmans, I only gave my account number & they started talking about my account.....

1) The first guy I spoke to only asked me for my account no.

2)Then he put me through to someone else, who again didn't ask me for any personal details

3)Finally he put me through to the head of the dept, again no personal details were asked from me.....

 

I thought that solicitors have to follow DATA PROTECTION????

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Hi Sequenci, according to Weightmans they have never been told that the account was in dispute and have sent me a statement of account..should HFC have told them that I had sent a SAR to them and therefore the account is in dispute until they provided me with this information. Weightmans reckon not, they say that they have an agreement in plave to issue procedings when they feel suitable????

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Oh, when I asked Weightmans on the phone why the figure they are claiming was totally different to the one on the statement from HFC. There answer was it should be the figure that was on the default notice that HFC sent originally....I am so confused:confused:

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Hiya Maz... got your PM :)

 

Unfortunately, HFC are not shy in issuing proceedings against people but there's plenty of good info. on some of the other HFC threads re. Weightmans and the tactics they like to use. Unfortunately, although you have disputed the balance and sent a SAR, the SAR won't have placed the account "in dispute" as such... only a CCA request will do that and since they you've said earlier that they supplied an enforceable Agreement.... the account is no longer in dispute through non-compliance. I assume this is why they've gone ahead and contacted Weightmans.

 

You say that HFC supplied you with a Statement of Account... what's the figure on there ? What was the figure on the Default Notice (if you have it available) ? Are they the same ?

 

You say that you've received a letter from the courts Via Weightmans... what do you mean ? Are these court documents or is it just a letter from Weighmans threatening court action ?

 

:)

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Hi Priority, the amount on the statement of account is £9200.

 

I have got 2 default notices:

 

1) Sep 06 - Outstanding balance =£9877.53

Less Statutory rebate allowance = £1893.86

Oustanding balance = £8415.99

 

2) Feb 07 - Oustanding balance = £17643.41

Less statutory rebate = £7898.75

Amount to be paid = £9744.66

 

The letter that I received said that legal proceedings have commenced and I would receive the court papers shortly.

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You have 2 Default Notices ?.... they can't default the same account twice.

 

If court papers have already been filed though, you're best to wait for these so that we can look at the Particulars of Claim.... and see the balance on there. I assume that there'll be a whack of unlawful charges on there as well.

 

Rory32/pt2537 (Paul)/tomterm8 (Tom) are the legal bods. that can help the most when things reach this stage.... so it may be best to PM one of them to look in on the thread at this stage.

 

Please try not to worry.... :)

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No... you cannot end (default) an Agreement twice. HFC did this to me recently and I made an official complaint. Under the circumstances, I would wait for one of the legal bods. to advise whether you should make a complaint about this now... or wait and mention it as part of your Defence.

 

I would be inclined to wait.... :cool:

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Did the default notices come from HFC or Weightmans?

 

I think it would be a good idea to send Weightmans a letter headed ACCOUNT IN DISPUTE outlining why the account is in dispute. Also make an official complaint to them. Send recorded delivery so that they can't deny that they received it.

 

While this may not stop them from filing a claim against you it removes any excuse that they were ignorant of any dispute and starts to build a case against them. Really you need to stop speaking to them on the phone - it is a pointless exercise and phone calls can always be denied.

 

If you need help with the letter let us know.

 

Try not to overly worry about this. If they file at court (this isn't a given as often DCA's will inform you that your account is being prepared for legal action when in fact it isn't) then you will have a good defence for any claim against you and they will be forced to supply you with all the account information including PPI and charges.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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ACCOUNT IN DISPUTE

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam,

I refer to your letter of **/**/**, in which you advise of your intention to issue court proceedings with regard to the outstanding balance of my loan.

 

 

As you are aware, this account and the balance thereof is currently subject of a dispute. I can only assume your letter has been sent in error, as you must surely be aware that action such as that you propose would constitute breaches of the banking code. This matter has been discussed in correspondence with your clients ********* department and on **/**/**

 

Additionally, this action you propose is clearly quantifiable as retaliatory due to my own claim against your client to recover unlawfully levied penalty charges and PPI. To proceed as you have indicated would therefore be contrary to the statement of the Financial Services Authority of 6th July 2006 in which it ruled such action to be discriminatory. I also believe this action to be tantamount to a sanction imposed merely for pursuing my legitimate right of seeking a judgement from a court.

 

 

I trust your client is committed to upholding the standards of the Banking Code to which it subscribes, and would not hold its regulator, the FSA, in such contempt as to ignore its 6th July statement.

 

 

I will allow you 7 days to reply to me, in writing or by Fax only, withdrawing the threat of action imposed in your letter of **/**/**. If you do not do so, I will draw your client’s transgressions to the attention of the Financial Services Authority and the banking code standards committee, by making formal complaints and enclosing copies of all recent correspondence.

I look forward to your prompt response.

 

Yours faithfully

...

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks Rory. This is to go to Weightmans recorded delivery?

 

Weightmans said that legal proceedings had already commenced & the court papers will arrive within the next few days. So I presume that I ammend the letter you kindly posted above to mention that.

 

Also if they have already started legal action & I send this letter, can they still withdraw it?

 

Do I need to change 'banking code' in the letter to anything else or does HFC fall under that for a personal loan?

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This is to go to Weightmans recorded delivery?

 

Yes, although special delivery would be better if you can afford it.
Weightmans said that legal proceedings had already commenced & the court papers will arrive within the next few days. So I presume that I ammend the letter you kindly posted above to mention that.

Yes just amend the letter to reflect that.
Also if they have already started legal action & I send this letter, can they still withdraw it?

Yes they can withdraw the claim at any point right up to the actual hearing.
Do I need to change 'banking code' in the letter to anything else or does HFC fall under that for a personal loan?
No you don't need to change it. HFC subscribe to the banking code.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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This matter has been discussed in correspondence with your clients ********* department and on **/**/**

 

Is this referring to the SAR that I sent HFC?

 

As you are aware, this account and the balance thereof is currently subject of a dispute.

 

Rory, when I spoke to Weightmans today, they said they were not aware of any dispute and hadn't been informed from HFC that there was one. I told Weightmans that I had sent in a SAR to HFC but had only received a statement of account back. Is it still ok to include this section in the letter?

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