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    • Hi, OP sister here, im going to try and explaine in full details from start to present and see if you have any advice for me on what i can do. on 15/1/2021  at 16:25pm i was traveling along hazlebarrow cresent wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR seddon. ( im going to attatch a street veiw picture and diagram wich will be more helpful in understanding how the accident accured ect) .  The owner of the parked car, which i will refer to as Mr simpson came out of his house. Myself, mr seddon and mr simpson exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property. I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect . by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and mr seddons van ect). Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.  Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability. an engineer had collectes my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .  I didnt hear nothing for around 2 weeks so i comtacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability' i asked them why admirel consider themSelf not liable and she read from the notes ' mr seddon said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' . the lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault. I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of wich i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.  The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.   Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the ' none prejudice payment) I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .   I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . again she said ' its still in dispute, admirel are not budging i have to pass this on to management. She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!? Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum and you guys had mentioned the hire car rates may fall back on me. I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. and the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' . i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport' I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i didnt have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.    After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' . will they find any fault with the contract just to try and lumber me with the debt? , as it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.  And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?    As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.  Tomorow i am going to read thoroughly through the ' hire car contract' . i am going to give them another call and record them saying i am not liable for the debt. Any advice on how i can just give the hire car back to them without me being liable to pay the debt?  Thank you Gemma
    • Hi,   Well over a year ago, I moved from one area of the UK to another. Where I was moving from ,I had TalkTalk fibre broadband, was happy with them and had no issues.   A week or two before I left, I started planning the whole internet and phone move, called up TalkTalk and found out they weren't able to suplly the fibre where I was moving to. They could only infact offer a minimal ADSL connection.  I said that I would probably cancel it, but I would look into it. Later on the very same day, I foudn out only Virgin and another company had services at the prperty so TalkTalk were out. It called, cancelled propty and left it at that. I eft the new address as a forwarding address for the final bills etc... too.   Months later, a DCA is on my case for the tune of £190 something. I coined them on 1st August, left on 10thish of November. There was an outstanding about £25ish.   I've spoken to thecomplaints department, they were't budging, I've tried the execs and they were the ones that passed it to a DCA, which is about to go nuclear.   Anyway, how it stands now...   Officialy soeaking, if they want to knit-pick, the connection came with a £100  welcome gift card for someone who stayed at least 3 months, which I did..., they werent able to supply the connection, were told to cancel, and planned otherwise. They STILL dont ahve dirisdicton over this buiding so they wouldnt be able to suplly the services.   Now BWLegal claim that theyve repeatedly tried to get ahold of me (lies) about this bill and now they're planning to go legal on 13th March. They literally sent me a  letter with a realistic 1 week notice period on it, but officialy they;ve bacdated it by a month.   SO I'm left in a predicament. I dont want to phone them as I like everyting in writing, because of corona things will be late, so they've literally tried to shaft me here for acontrac thtat doesnt exist.   The  letter they snt me is literaly a "Letter of Claim" with some Citizens advice page attached, income and expenditure forms etc... I refuse to fill ti in as as far as I know, this is resolved, or at the wosrst there's a small sum outstanding.    Or I could be really brutal and be clear and say they owe me 60-80 for the gift card, but I dont really care about that.   I've literally jstu found a good job after a long horrible period and it feels like they're using the upcoming "freedom" as a reason to start their antics.   All they ask for to stop the legal action is a "reason" ut it appears they''ve gota 3rd hand account that's been sold around as it's in some name like JC International now?   Shoud I:   1) Ignore them and contact TT directly? I've got the executive email address so usually get a swift response.  2) Treat it as any other hot air DCA's blow out ? No proof has been given o far, no copies of paperwork, so it's just  "pay now, this much" letter. 3) Make an example of this and let it do to court, explain to the courts what's going on and let them deal with the issue?   What concerns me is their underhanded tactics....   Anyway, any help would help...   Cheers, Ade
    • No it is not the right direction to go. Read the stories in this sub forum and then check back here for a fuller reply tomorrow    
    • Its fine, it just so happened that they're happy wit h me paying it off at a realistic level. I think that he landlady went little too far, but things have been smoothed over.   Thanks for the help.
    • Thanks for the respond.    Long story short, the reason I am pursuing Packlink because I am a seller on Ebay. The courier is myHermes. The parcel is lost and the postage purchased through Packlink. It was a UK to UK shipment so I didn't need to declare value of the item when I was purchasing the postage on Packlink. The item is not extremely valuable, that is just a charger for electric toothbrush and it is insured with max pay out of £25. I raised a claim on Packlink and they refused for the reason - I did not contact them within 30 days of the posting date. Packlink did admit that the parcel is lost.  I still haven't started to contact myHermes yet. However I am disgusted by Packlink customer service. I am planning to first, dispute the shipping fee through Paypal, then escalate this matter to myHermes, and if necessary, to small claim. Do you that this is the right direction to go? Thanks!  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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I have had (bad) experiences with this outfit and I thought I would share those here.

 

Briefly in terms of the facts, I was driving a friends car and had it clamped in an area of Bow, East London where there was not any signs showing I couldn't park there. It turned out that the signs had been pulled down. My friend paid in cash for the release to the tune of £235.

 

In the eyes of the law, where there is no sign prohibiting parking, the clamping is illegal, as the driver/owner has not consented to the risk that his/her car may be clamped (Vine v London Borough of Waltham Forest is the relevant authority). Having discovered this, I felt it was worth the fight and so I disputed it with Parking Control Services in the first instance and received their computer generated response telling me to seek legal advice. I actually happen to be a trainee solicitor and so I followed this through to the Courts.

 

I issued proceedings in the County Court and Parking Control Services didn't even bother to file a defence. I obtained judgment in my favour, naively thinking at the time that I would get my money back. However the following is crucial to anyone thinking of chasing these cowboys:

 

1. Don't be fooled by their smart website and fancy EC2 postcode. This is a PO Box address.

2. Their registered company address is some obscure address up in Park Royal, North London. This is likewise a shell outfit.

 

One further point, it may be prudent to check out the company before you begin on the long process of suing them. If the company has a whole host of County Court judgments against them, they probably won't pay up yours either, so its worth doing a search against them. This can be done online at www.registry-trust.gov.uk for a fee of £8.

 

Any questions on this, I'll do my best to respond and clarify.

 

A salient warning. This is the reason myself and others recommend sueing the clamper and landowner jointly. Obviously it pays to check both. But it is easier if you get the judgement against the landowner as they have something tangible (i.e. the land for the car park) that can be "seized" and sold and used to pay any judgement.

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One further point, it may be prudent to check out the company before you begin on the long process of suing them. If the company has a whole host of County Court judgments against them, they probably won't pay up yours either, so its worth doing a search against them. This can be done online at www.registry-trust.gov.uk for a fee of £8.

 

Any questions on this, I'll do my best to respond and clarify.

 

NB: Please do not directly rely on this as legal advice. The above is intended as helpful guidance and the writer accepts no responsibility for any inaccuracy or any losses that this may incur.

 

 

..which is why it is always recommended to sue the clamping firm AND the landowner jointly. You are far more likely to get your money back from the landowner.

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  • 2 weeks later...

Hi

I am delighted to be writing to you

I have had the same saga as you

I have a lot of useful info' that I could pass on but not on here as "they " might be reading these posts and I dont want them to know all I know

Write to me with your latest news and I will tell you mine

[EDIT]

Cheers

andrew

Edited by Rooster-UK
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With all respect to adunlop, it is always advised against anyone engaging in private e-mails with another member unless they know the member to have been a member for a long time with a history of good advise.

 

adunlop is a new member, and although may be well intentioned, it has been known that PPCs join as "helpful" members, but simply want to get members with a current problem to write to them giving out valuable personal details which can then be used in a possible court case.

 

If adunlop can offer helpful info here in the forum board it will be most welcome, but I would advise against anyone going "off board" for advise which cannot be verified by other members as being good.

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Words of wisdom, Crem.

 

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If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Hi Crem

Just to say it is not "advice " I have but INFORMATION These are different things. How can I put information on here that which might be seen by the Company that we are trying to get our money back from. They will see it and take steps to thwart us maybe. Also what is a PPC?

cheers

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Parking Control Services Limited (registered company number 06043819) is not the same as "Parking Control Services" who I was unfortunate enough to deal with.

 

Parking Control Services is their trading name, their company is Magnaco Ltd, Registered office: 7-11 Minerva Road, London NW10 6HJ Registered in England & Wales No: 04809559.

 

As a footnote to this whole ordeal, I would love to hear from anyone who has also had a successful judgment against Parking Control Services. If £750 is owed to debtors, it is enough to make an application to court to wind up the company. If I could find enough people who are also owed money, I would consider looking into making such a joint application to finish their operation and get our money back as secured creditors. It is not something I have looked into extensively, but its the only option I can now think of to get my money back!

 

This may be unlikely, but if you have got a judgment against them then please contact me and we can see if we can take it further still!

Hi,

I have obtained a CCJ for £1500 against them which HCE bailiffs are trying to enforce. I did pay by card so have considerable evidence.

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Hi,

I have obtained a CCJ for £1500 against them which HCE bailiffs are trying to enforce. I did pay by card so have considerable evidence.

 

 

See if you can get the bailiff to seize their PC and printer first. They may not be worth much, but just think how many other people will be greatful that you single-handly stopped them receiving more [problem] mail. :-D

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See if you can get the bailiff to seize their PC and printer first. They may not be worth much, but just think how many other people will be greatful that you single-handly stopped them receiving more [problem] mail. :-D

 

:-D:-D:-D:-D:-D

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

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I am in Purley

I got clamped in Bow E3

I am trying the credit card route - see if they can persuade company to pay

I am trying to find items of value -has anyone seen a warehouse? They have a van delivering parking stuff Where does it park at night

Court have sent me a copy of Court Judgement as well as the company so am considering finding Mr Gill or Mr Ireland Director of Magnaco / PCS

and hassling them for the money they owe.

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I am in Crystal Palace They appear to operate from the Crawley area. I also have one of the addresses where clamped cars are taken. Happy to help find Gill or Ireland. am using credit card route may get address where that is registered at.

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I have got Irelands address in Crawley Let me know if you want it or want to go there some time. Its a medium sized detached house backing on to park land in a culdesac judging by Google Earth. I spoke to him today through the PCS free phone number and he confirmed he lives in Crawley. He refused point blank to pay me even though I have a Court Order! and said he personally is not liable due to it being a Limited Company and the company have no assets I said I would try to have Credit Card status removed and have written to HSBC Mastercard. I am thinkiing of copying the letter to all the other main cards so they might do the same. Without cards who can pay them (him) Ireland. I have Gills address in Iver Bucks confirmed with Electorial Role. I know Ireland was the contact 2 years ago when a Housing Association had a contract with them so he seems to be the leading light so far. I suspect he works from home as all the offices are bogus Why do you think they operate out of Crawley? where is their car pound? They might store their vans there overnight.

Edited by adunlop
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This is why it is worth suing the PPC AND the landowner. Trying to make the judgement stick against the landowner would probably be much more successful.

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This is why it is worth suing the PPC AND the landowner. Trying to make the judgement stick against the landowner would probably be much more successful.

Absolutely right. At the very least the landowner has land the car park is situated on to lose. They are hardly going to want to have property seized for a small debt.

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Did a bit of digging and have also now found ireland's address. According to Crawley Council he was granted planning consent on appeal to use the garage as an office to run a wheel clamping business including parking vans! I have advised my HCE bailiffs. I have also advised Barclaycard who are sending forms.

 

I have a problem suing land owner as my car was stolen and left on a PCS site by the thieves. it was then then taken to a pound (breakers yard) in Dorking by PCS. I don't therefore know where it was left originally! PCS would not give it back unless i paid their ridiculous fee.

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I would be careful approaching ireland in person. I get the impression that he may not be too helpful. The wheel clamping guys I met to get my car back were on the generous side!

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Thanks for the warning but........I am thinking a few of us go or have a Demo day down in his cul de sac with a few posters saying what a dodgy operator he is ie he has no proper offices and that he works at home and does not pay his debts. We could make it a summer party and we might find out a few things from his neighbours in our quest to get our money back. There is also the tax and VAT route I am checking if his BMW M5 is a company car as Bailiffs could seize it if it is. Any other ideas gratefully received

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:)If he's operating under limited liability then its worth finding out from Companies House what that amount is. AIUI if the company is capitalised with say £1000 the shareholders are personally liable to up to that amount.

 

Might be worth a look. You might be able to use it to grab his Beamer.:)

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I have copy of accounts for 07 and 08

Authorised shares are 1000 @ £1 each = £1000

"Alloted, called up and fully paid 1 ordinary share of £1 each = £1"

I dont know the difference and anyway how do you find who the shareholder is or are? - I guess its ireland as he has signed the accounts

At another place it says Called up share capital £1

Profit and loss account £114112

Shareholders funds £114413 Again dont know how to interpret these figures Help please

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I have copy of accounts for 07 and 08

Authorised shares are 1000 @ £1 each = £1000

"Alloted, called up and fully paid 1 ordinary share of £1 each = £1"

I dont know the difference and anyway how do you find who the shareholder is or are? - I guess its ireland as he has signed the accounts

At another place it says Called up share capital £1

Profit and loss account £114112

Shareholders funds £114413 Again dont know how to interpret these figures Help please

 

The details should be held by Companies House. The company officers are the people you need. (Director(s) and Company Secretary). By law the company must make an annual return listing these people and contact addresses for them.

 

I've think I've got some information on the allocation of shares which I will try and find when I get home tonight and post up.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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