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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY 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.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Excel Collection and Debt Management Services


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Rate the quality of the counselling  

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  1. 1. Rate the quality of the counselling

    • Excellent- helped me get a payment plan that I know I can keep
      0
    • Good- helped me get a payment plan that I think I can keep
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    • Average-helped me get a payment plan that I can keep most months
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    • Poor-arrived at a payment plan that I don't think I can keep
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Has anyone been visited at home recently by a field agent from Excel Collection and/or Debt Management Services?

 

I was told the cost of the visit would be added to my Mortgage balance and didn't real feel like I "got value for money" given they did a very basic Income and Expenditure review and then tried to get me to make a payment there and commit to a payment plan, that in hindsight is going to be difficult to complete.They never went into things such as kids school uniform( £78 spent today) or car repairs( £189 on Monday).

 

I would welcome a proper review of my budget and will make every effort to contrbute to the arrears, whilst maintaining the normal payment, but the jump in rates,utility bills and the loss of bonuses has meant I missed a month and have £3600 arrears. Whilst £360 x 10 months is achieveable in any month where there are no additional costs, it is impossible when there are,and I hope my Mortgage Company don't judge me on the fact that I was encouraged to sign a document saying I understood I now had to make that every month,and have already got problems doing it in month one.

 

I rate the value for money from a visit I hadn't asked for 1 out of 5 and feel that these costs £85, should be removed because it wasn't treating me farily.Please give me your views.

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  • 2 weeks later...

How did these people contact you ?. Have you tried CCCS or National Debtline, both free debt counselling services.

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This is of course your personal preference, but as said by citizenb, how did they contact you ? why are they charging you for something you can do yourself or for free elsewhere ?....if there is a cooling off period for using their services then I would cancel it immediately, and get in touch with the CCCS or the National Debtline both free....if the budget is unrealistic...It might even be worth talking to the CAB and/or Trading Standards/Consumer Direct

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  • 2 years later...
Has anyone been visited at home recently by a field agent from Excel Collection and/or Debt Management Services?

 

I was told the cost of the visit would be added to my Mortgage balance and didn't real feel like I "got value for money" given they did a very basic Income and Expenditure review and then tried to get me to make a payment there and commit to a payment plan, that in hindsight is going to be difficult to complete.They never went into things such as kids school uniform( £78 spent today) or car repairs( £189 on Monday).

 

I would welcome a proper review of my budget and will make every effort to contrbute to the arrears, whilst maintaining the normal payment, but the jump in rates,utility bills and the loss of bonuses has meant I missed a month and have £3600 arrears. Whilst £360 x 10 months is achieveable in any month where there are no additional costs, it is impossible when there are,and I hope my Mortgage Company don't judge me on the fact that I was encouraged to sign a document saying I understood I now had to make that every month,and have already got problems doing it in month one.

 

I rate the value for money from a visit I hadn't asked for 1 out of 5 and feel that these costs £85, should be removed because it wasn't treating me farily.Please give me your views.

 

You did not have to allow these people into your home and you did not have any obligation to give them information about anything. You should have politely but firmly told them that you did not want them to visit you and that you would not deal with them coming out to you as you had not asked them to come to visit you. You should have told them to leave and not to come back and then told them that you would not allow them to come in again. Also they do not have any power to force you to accept them. You have the right to say no and you should never allow these people in. They are being used to try and put pressure on you. You should have asked for only contact in writing and told them that you do not deal with people you have not made a former appointment with and that you will only deal with these matters in writing direct with your mortgage company.

 

It is always better to fill in an income and expenditure form through the CAB or a housing organisation, or welfare or debt management such as the national debt line, someone that can help and that is free to deal with. There are many organisations out there and they can help you to fill in a form that will take everything into consideration and that is accepted by most mortgage lenders. You do not have to accept the service sent to you and charged for by the company and you should tell your provider this in no uncertain terms. Get proper advice fast from an independent and free debt help service who may also be able to negotiate with your company and if you feel bullied into this item, then try and get it changed. Tell them your circumstances have gone worse since you signed it and take it from there. Never let these people into your home; refuse to pay the charge and demand it is refunded.

 

I had a visit from this company today, out of the blue, without any prior notice, despite the company coming to an agreement over the payments last week and they are accepting the DWP covering the interest is enough for now. The man, John McCarthy, was very aggressive and he knocked and rang the bell several times. My husband is ill at the moment and did not want to deal with him. I came down stairs as he would not go away and Steve had decided to open the door and ask him to leave. He tried to force his way into the house, but I got in his way and demanded his identification. I could not even see it; it was that small. I told him to leave and he tried to force his way in; as I tried to close the door. He said he was from our mortgage company to get information from us, so I told him no and to leave. He said he was not selling anything and tried to push the door open. I hurt my shoulder as I tried to close it, but we both managed to get him out and told him no and to leave. He stayed outside, banging and ringing for 5 minutes, until I screamed at him to go away or I would call the police. He put something through the letter box and went. He called on my neighbour who swore at him to go away or they would also call the police.

 

I took the letter he put through and left two messages telling them not to come back as I do not want any further contact and will have them arrested for trespass if they come back. I sent an email and a complaint to the company. I hope for their sake that they get the message. If they want any information they can find my missing payments, send me a form and negotiate with Riverside Housing, acting on my part. I will not tolerate bullies at my front door, and I would encourage everyone else to refuse all debt collectors and bailiffs information or entry into their homes and tell them not to come back.

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