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    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
    • Hi,   I am not sure if I posted this already here but I don't think I did. I attach a judgement that raises very interesting points IMO. Essentially EVRi did their usual non attendance that we normally see, however the judge (for the first time I've seen in these threads) dismissed the notice and awarded me judgement by default because their notice misses the "confirmation of compliance" paragraph. in and out in 3 minutes (aside from the chat at the end with the judge about his problems with evri) Redacted - evri CPR loss.pdf
    • Just to update this. I did apply to strikeout and they did not attend the hearing. I won by defualt and the hearing lasted 5 minutes (court only allocated 15). The judge simply explained that the only matter he was really considering is if the Defendant could have any oral evidence to defend the claim. However he said he had decided that based on their defence, and their misunderstanding of law, and their non attendence he did not think they had any reasonsable chance so he awarded me SJ + Costs on the claim form + the strikeout fee. Luckily when I sent the defendant the order I woke up the next day to a wire trasnfer for the full sum of the judgement
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AIC - !!! Scary


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its been a while but today they've contacted me again via text (twice)

 

'My Name - your account is being actioned today. I can only stop this if you call at AIC immediately on my direct line 01412283017 (then my ref num)'

 

has anyone else recvd a text like this!

does anything come of it

 

they sit quiet for months then bam!

 

i still havent recvd a cca letter from them after i requested one.

 

if it goes to court, im just going to have to say what i've done, how they've spoke to me and what i've tried to offer them!!! just have to see what happens.

 

bloody company :(

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Hi Anxious, what's happened in the uber professional land that is Allied/Any DCA is....they put it to the bottom of the TO DO tray when they got your CCA request, and now it has worked its way to the top again. hey presto, some monkey just starts chasing again without even reading it.

 

If you didn't Maroondevo's letter below, send it recorded delivery etc, wait until their time is up then start your formal complaints to all and sundry. If you did send it - start complaining - big time. Don't give them any leeway.

 

I would also ask them, in writing, for a copy of their complaints procedure. They are obliged to give you this - then follow it like a demon.

 

Formal Complaint

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

You have given them every opportunity - just start doing to them what they did to you now :D

Edited by Dipply75
OOPS

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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OOPS! don't post that letter yet! I have taken out the section about the criminal offence as that no longer applies :rolleyes: blonde moment, sorry!

 

Try this:

 

Formal Complaint

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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its been a while but today they've contacted me again via text (twice)

 

'My Name - your account is being actioned today. I can only stop this if you call at AIC immediately on my direct line 01412283017 (then my ref num)'

 

has anyone else recvd a text like this!

does anything come of it

 

they sit quiet for months then bam!

 

i still havent recvd a cca letter from them after i requested one.

 

if it goes to court, im just going to have to say what i've done, how they've spoke to me and what i've tried to offer them!!! just have to see what happens.

 

bloody company :(

 

 

 

What the hell are these burger boys doing with your mobile number? That would do my crust in. That instantly warrants a verbal onslaught everytime one of these fudge packers rang :mad:

 

Get your number changed ASAP. A mobile phone is for your own personal use, not theirs.

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Couldn't agree more N.P. LMFAO at how you put things :lol:

 

 

Just the facts Dipply! It`s bad enough when the empty heads ring ya house 8)

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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  • 1 month later...

***Huge Update***

 

A week ago Lloyds TSB themselves sent me a letter! I contacted them (as them I do not mind but AIC I do)

They said that the debt company working on their behalf had not had any satisfactory payment from me!!!

So I stated my case and how they had treated me and how I couldnt believe a company as big as Lloyds were using a disgusting company like that! bla bla bla

Anyways my account is now out of AIC's hands and back with Lloyds, which to me is fine, I'm back to paying the £10 a month I was paying 8 months ago! which is all I wanted to do with AIC!

I know I havent managed to get away with clearing the debt but I'm happy with the outcome and I just wanted to say a HUGE THANK YOU to everyones help on here, if not just for managing to calm me down when AIC were on my back :)

 

Thank you Thank you Thank you xxx

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No probs, as long as your happy with the outcome.

 

I`ll never deal with a DCA. They are just a bunch of merceneries, in which case I might go down there with an Uzi and spray it around a bit, just like the Americans do ;)

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Sound result, anxious :)

 

Glad you got it sorted.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Great news Anxious, just to know those cowboys are out of your hair :)

 

Umm, don't suppose Lloyds have managed to supply a CCA at all? :rolleyes:

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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