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    • I received a Claim Form issued on 19 Jul 2021. The claimant is ParkingEye Limited.    The alleged offence took place on 22/10/2019. The particulars of claim read as follows:   "Claim for monies outstanding from the Defendant in relation to a Parking Charge (reference xxxxxx/xxxxxx) issued on 25/10/2019. The signage clearly displayed throughput University Hospital of Wales, Cardiff - Staff 4, Heath Park, Cardiff, CF14 4XW states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and consitions, including auhotisation being required for parking, by which those who park agree to be bound (the contract). ParkingEye's ANPR system captured vehicle xxxxx entering and leaving the site on 22/10/2019, and parking without authorisation. Pursuant to Sch 4 of the Protection of Freedoms Act 2012, notice has been given to the registered keeper, making them liable for the Parking Charge payable upon breach."   As they claim the PCN was issued in October 2019, I do not recall receiving anything in the post. I did receive a Final notice of Debt Recovery from dcbl, demanding £140. However, it had no reference on the letter so I just ignored it. I logged on to ParkingEye's portal to access photographic evidence and did not manage to find the complete PCN, however, there were just two pictures of the car with a time stamp (please see the attached files). I have copied the parking charge details from ParkingEye's website:   Parking charge details Parking Charge Reference: xxxxxx Vehicle Registration Number: xxxxxx Contravention date/time: 22/10/2019 19:41:52 Contravention location: University Hospital of Wales, Cardiff - Staff 4 Location address: Heath Park, Cardiff, CF14 4XW Stay duration: 0 hours 30 minutes Allowed duration: 0 hours 10 minutes Status: Open Outstanding balance: £155.00 (Please allow 24 hours after payment for it to be reflected on the balance)   I do not recall parking there, however I may have entered the car on multiple occasions on the day to turn the car around.   I visited the car park yesterday to take some pictures (please see the second attached file)   I have completed the AOS on moneyclaim.gov.uk   I am looking to file my defence based on the following points: The photographic evidence supplied by the claimant does not prove the car parked in the above mentioned car park. It just shows the front and the back of the car with two different time stamps. The notice which states that it is a staff car park is located right at the end of the car park, which is not noticeable as you approach the car park and the board seems fairly new to me, the claimant has not provided any proof to suggest that it was there when the alleged alleged offence took place? As they have allowed a 10 minute grace period, a £70 charge for 20 minutes is unreasonable.   Any advice would be much appreciated!! Thanks a lot. Parking Eye 2-converted.pdf 20210725_232345-converted_compressed.pdf
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    • Just need a bit of clarification on this. I run my own online business so I think I've got it right, but just good to have some clarification. I bought some items via ibidder auction site. Typically trade and liquidated items for sale there.  The items were men's fragrances and as I gather, auctioneers skip out of a load of the legal consumer right act jargon (from what I recall). Anyway. Several of these fragrances arrived smashed to bits. I logged it with the auction house with all photo's and evidence, and the staff responding even agreed with me that it was clearly damaged in transit.  Anyway, rather than refund me right away or ask me to return said damaged items to get a refund (as should happen right? After all, they pay insurance for their own benefit, to protect themselves as the sender), they put a claim in without refunding me. It's like they have been waiting for compensation to pay me, and if that didn't happen, it's no money for me.  To stop this getting long, the courier refused the claim because the items they sent were prohibited. Terms state anything made partly of wholly of glass won't be compensated and even so, fragrance rules is no more than 4 per parcel (they sent me around 10). Of course that's not my fault, they are responsible for shipment of goods and if they choose to cut corners, then regardless of it being trade lots, that's on them, not me. They've breached compensation terms of the courier and yet because of them not getting compensation, they wont give me my money back, even though they agreed from the evidence that items were clearly damaged in transit.  My thoughts on this (please tell me if I'm wrong): First port of call as they aren't forthcoming via emails is to put the pressure on them. Truthful bad reviews on sites like trustpilot will surely make them want to do the right thing? (That step is already done, by all means I'm happy to hear that I was wrong or it was stupid).   If that fails then it's down to an LBA, not just for the amount lost out on but also for loss of value of other items in the package (glass, liquid damage to those items reducing the value) and reasonable hours lost where instead of putting into my own business, I've been dealing with them.    The sum is low, some £50 or so. Yet it's the principal. I have to deal with customers day in, day out and if I cut corners by not fully insuring shipments, then it's me who takes the brunt and has to refund the customer anyway, so why should another businesses risk mean I've lost out? Thanks
    • both pages are in the earlier upload LFI   dx  
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landlord had switched our electricity supply off


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help and advice please.

 

our landlord for our business premises has switched off our power supply for non payment of rent.

i did inform him that once we get our vat return back we can then pay him and did not hide behind this but have been honest with him.

does he have thelegal right to switch off our supply for non payment of rent?

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As Aequitas states, threaten to sue. When a landlord breaches his/her obligations in this way you can go to court and obtain an injunction as well as compensation for any damage caused.

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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Does the fact this is a business premises change anything?

 

The OP is in breach of contract - so the LL has acted in this way. I thought non payment of rent for a business premise was a fundamental breach of contract and the LL could take back the property straight away.

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Does the fact this is a business premises change anything?

 

No. The covenant applies to both residential and commercial properties.

 

The LL can terminate the lease for non payment of rent. The LL can also peaceably re-enter without a Court Order in the event that the Tenant fails to pay his rent within a specified time of the due date. That being said he can not just switch off the power supply.

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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