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    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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Parking eye charge notice - reply or ignore it?


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i have recently got a charge notice from these guys, should I ignore it or send the first template letter :?

 

This is what the notice says:

 

On 25/07t/08 the registration vehicle XXXXXXX was in your name.

 

Photographic evidence shows you entering the Group Co-Op Car Park at 14.48 and departing at 17.03. The maxium period permitted is 1 hour 30 minutes, so by calculation it is demonstrated that the vehicle has remained at the store for longer than permitted.

 

On the specified date, you were the registered owner, keeper, or hirer of the vehicle in question. As such, you are responsible to ensure that the terms and conditions for parking, as set down and claerly displayed in the car park, are complied with. Therefore you are required to pay the following excess parking charge within 28 days from this notice.

 

It goes on to say that £70 must be paid or £40 if paid within 14 days. £90 if I don't cough up in 28 days.

 

The letter is designed to look like an official penalty charge, with the chequered border.

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I wouldn't waste the stamp on them.

If you want some fun send a photocopy of the paperwork to the BPA along with mentioning that Parking Eye (who are member of the Approved Operator Scheme) are operating well outside the BPA rules. Ask the BPA if parking eye received and responded to the the BPA note TICKETING, LIABILITY AND ESCALATION OF EXCESS PARKING FEES. Tell the BPA you are giving them the opportunity to act before you report it to the relevant authorities fro breach of, inter alia, the 2008 Consumer regs (as per the BPA's note mentioned above) and the Fraud Act 2006 Section 2.

Give them 7 days to respond to you from date of receipt of your letter. send it recorded signed for delivery.

 

BY all means post up some pictures of the Parking Eye paperwork.

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Hello again

 

I thought i would keep you updated on the latest correspondence from my friends at Parking Eye.

 

I received a reminder letter today with pics showing the numberplate of the car registered to me and a pic of the front and back of the car. Unfortunately the pic does not show the driver :roll:.

 

The blurb says: "As the keeper, owner or hirer of the vehicle in question on the date specified, you are responsible for the payment of the outstanding PARKING CHARGE NOTICE. The vehicle is shown above, and is accurately timed both entering and leaving the car park in question, proving that the maximum time limit for parking within the car park has been exceeded. please make arrangement to pay the charg within 18 days from this notification. If your payment is not received we may persue this matter through the appropriate channels."

 

It goes on to restate the fee of £70 or £40 is I pay up in the next 4 days.

 

On the back of the letter it helpfully offers different ways to pay.

 

It also says "Why should i respond to this notice?"

 

"If you fail to respond to this notice, legal proceedings may be issued against you in the County Court/Sheriffs Court. This may result in:

1) you having to pay more in the end because of Court costs

2) A Court judgement/decree

3) Your possessions being seized.

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Ask the BPA if parking eye received and responded to the the BPA note TICKETING, LIABILITY AND ESCALATION OF EXCESS PARKING FEES.

 

Any chance of a link to this? Sounds useful.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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  • 2 years later...

There are so many threads about this that I dont know which one to post my reply on. Just received one of these invoices. I have a valid parking ticket for the time parked so there is no legal case to answer. I have not contacted them and I am only at my first letter demanding £90.

 

I intend to ignore and collect all subsequent letters from parking eye as evidence. My aim is to turn this around and claim the MAXIMUM compensation through a court of law. Unfortunately Parking Eye in Chorley have picked on the wrong person. I am totally looking forward to the challenge.

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There are so many threads about this that I dont know which one to post my reply on. Just received one of these invoices. I have a valid parking ticket for the time parked so there is no legal case to answer. I have not contacted them and I am only at my first letter demanding £90.

 

I intend to ignore and collect all subsequent letters from parking eye as evidence. My aim is to turn this around and claim the MAXIMUM compensation through a court of law. Unfortunately Parking Eye in Chorley have picked on the wrong person. I am totally looking forward to the challenge.

 

You need to engage with them, not just ignore their paperwork if you want to do a Ferguson vs British Gas.

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i got one through today !! i went into store didnt find anything i wanted to buy !!! popped around local community shops then returned to an empty car park pretty much (it never ever fills and is huge)

 

so do i risk it not responding ? im not a rich man by any means, and even £40 would actually put me into some financial hardship at the moment. as far as im concerned they can take my car as its scrap value is £20... tried to call them and it was all automated and impossible to talk to some one unless it was to pay.

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was Parking Eye

 

interesting bit is i quote : payment of the parking charges will be taken as acceptance of the breach of the terms and conditions for parking in the named car park, and that the information contained herein is entirely accurate.

 

so if i don't pay i don't accept the information given is true ?

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Hello there, welcome to CAG. Please have a read around the Parking forum. Parking Eye feature in their very own threads.

 

As previously said, if you enter into correspondence it will just prolong the grief. Think of the money though, hang tight and come back here if you want a pep talk.

 

My best, HB

Illegitimi non carborundum

 

 

 

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you can safely ignore,, do not contact or speak to them,,google ppcs what letters to expect,,that should set your mind at rest,, they are not backed by law,, they have no powers,, other than scare tactics,, harassment,, and idol threats,,,,if you had recieved a ,,penalty charge notice issued by police or traffic warden,, then thats different,,what you have in fact recieved,, is a,, PARKING charge notice,( from a ppc,,parking eye rogues of the first degree and no powers),,,in other words,, loo paper,,google as instructed and rest easy,,despite further loo paper you will recieve,,just,,ignore,ignore and ignore.

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was Parking Eye

 

interesting bit is i quote : payment of the parking charges will be taken as acceptance of the breach of the terms and conditions for parking in the named car park, and that the information contained herein is entirely accurate.

 

so if i don't pay i don't accept the information given is true ?

 

Only when you read that do you start to realise just how utterly rubbish their terms and conditions actually are. It might as well say;

 

Payment of the parking charges will be taken as acceptance of the fact that you are an utter mug, and as the saying goes; a fool and his money are soon parted. We are literally laughing all the way to the bank that people are still paying these things!!

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  • 2 weeks later...

Well received my final notice today !!!

 

guess im now waiting for court proceedings ? as they cant send a bailiff around without a court judgment am i correct ?

 

so far they have evidence of me leaving and exciting a car park but no evidence that i was actually parked !!! but the pics do show the car park was empty !

 

Hope you guy/gals are right !! or this could get expensive lol

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The advice you are receiving is entirely accurate, the increase in charges with every letter is just another scare tactic.

BUT REMEMBER IF YOU HAVE NO INTENTION OF PAYING THE AMOUNTS ARE COMPLETELY IRRELEVANT

DON'T TOUCH THE PANIC BUTTON

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  • 3 weeks later...

I get letters from Parking Eye for spending longer than 1.5 hrs in Aldi Macclesfield. I phone the store, and they make the letters stop. They don't ask any awkward questions and I don't need to provide any proof. I'm guessing they know the Parking Eye thing is a scare tactic and anyone who calls their bluff is actually treated respectfully!!

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