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    • 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.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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HELP, With Welcome car Finance


sammyc1974_Derby
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Hi Sammy,

 

I have just sent them pretty much the same letter (via email) as although they haven't added interest on to my agreement for the acceptance fee, when I received a statement of account, the interest added is based on the loan amount plus the acceptance fee.

 

Stick with it, they will try anything to fob you off and make you think they are right and you are wrong!!

 

Good luck

 

x

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Sammy

 

Give Me A Few Days And Ill Look Into Your Thread

 

As Stated Before, You Have No Worries At The Moment

 

The Default Notice Is Crap

Account Terminated

 

All You Are Liable For Are Any Arrears Up To Default Date

 

Swivel Mr Palmer

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Its A Breach Of The Data Protection Act Letter You Need To Send, Used Quite A Few Times With Welcome,

Then Issued N1 For Non Compliance

 

Cost Em About 300 Quid Every Time

 

Can i do this myself for the fact that they sent transcripts of conversations with the holder of a different account in with my SAR info. Including employer details telephone numbers names partial debit card info etc.

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OK on the 6th May 2008 i made a debit card payment for 255.30 which went through ok, (bank statement as proof) My balance went from £8577.84 to £8327.54.

On the 9th May 2008 this payment was debited back to my welcome account so my balance went from £8327.54 to £8577.84.

 

So I am asking is this classed as theft :evil:

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Stolen Is A Bit Harsh To Begin With

Get To Know Welcome A Little Bit Better First.

You Will Then Find Out The Lyg, Cheag, Scm Bas They Are

 

Address The Letter Complaints And Send Recorded.

 

I Know You Are Angry But Things Need To Be Done In A Set Way

 

Be Diplomatic To Begin With And Request An Explanation,

 

Waiting For The Reply So Post The Letter Onto Your Thread When You Get It.

 

It Will Be The Usual Waffle But We Can Escalate It

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But i made payment with my card and it went from the bank ok, which is fine. its just that they have had the payment from me, credited it to my account then a couple of days later, debited it from my account so it looks like no payment was made. The description they have given it is as follows:

09/05/08 O2 Payer Deceased Debit £255.30 £8582.84

 

:mad:

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Sammy

 

I Dont Mean To Go On But You Need To Send A Letter To Complaints

You Cant Escalate A Complaint Until This Has Been Done.

It Stinks But Thats How It Is

 

Im Afraid You Need Patience To Get Justice

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Have a look at what i'm sending them and please give your input.

Thanks

24th March 2009

Account Number:

To whom it may concern

Point 1 My Wife has been through my loan statement that was sent to me on the 4th Feb 2009, All the Payments made to the account from myself have all be reconciled to my Bank Statements, except for one dated 06/05/2008 Adhoc Card Payment Credit £255.30, this payment left my bank account on the 7th May 2008 (statement No.14) which is so far correct, then on 09/05/2008 the loan statement reads O2 Payer Deceased Debit £255.30, So the payment was taken back from my loan account even though it has been debited from my bank account, I have enclosed a copy of the bank statement to back this up.

Point 2 I would like a full reason and understanding of why on the 27/03/2008 I had an HDPI fee charged to my account £17.73 and on the 02/11/2006 I had an ad Hoc Fee of £100 applied to my account could this be the option fee......................

Point 3 please could you give me full breakdowns including explanation as to why the following amounts were applied to my account:

26/02/2008

£19.98

30/01/2008

£19.41

16/01/2008

£16.70

29/11/2007

£25.00

26/11/2007

£12.26

13/11/2007

£10.00

25/10/2007

£10.00

25/10/2007

£12.01

25/09/2007

£6.94

19/09/2007

£10.00

14/09/2007

£10.00

10/09/2007

£10.00

05/09/2007

£10.00

04/09/2007

£20.00

28/08/2007

£5.56

24/08/2007

£10.00

23/08/2007

£10.00

16/08/2007

£10.00

14/08/2007

£10.00

14/08/2007

£20.00

23/07/2007

£5.62

26/07/2007

£5.33

25/05/2007

£7.10

27/03/2007

£10.00

14/02/2007

£20.00

14/12/2006

£20.00

02/11/2006

£100.00

 

It states on the bottom of the loan statement that capitalisation is interest, but how can I be charged so much interest when I have already been charged interest in the beginning, Charge for Credit includes the interest for the Car and the acceptance fee, Isn’t what you are doing called ‘Capitalising interest’ and is not advisable there are only certain situations that demand it be done. Please could you advise me of the reason why you as a company felt it necessary to capitalise interest on my account.

Point 4 if you look back at my notes you should see that I complained regarding the interest on the acceptance fee, I received a response from Mr Palmer which stated that you do not charge interest on the acceptance fee and that if I had evidence in which to prove you had charged me interest on my acceptance fee then I was to send it to yourselves, which I did, Yesterday I received a letter responding to my calculations stating that you do charge interest on the acceptance fee, I find this quite laughable as the first response had come from your legal compliance officer and the second had come from a compliance officer, so which one of the two are correct, both responses have been forwarded to the FOS as I feel this is not a correct a full response to my complaint.

Point 5 I asked in a previous correspondence if the insurances on my account could be refunded and cancelled as I felt that they were not necessary , At the time of purchase I was told I would have to have it as if the car was to be written off then my normal car insurance would not cover the outstanding finance , The breakdown insurance we were told that we would need this as if the car became faulty then this would cover it, Well the car did become faulty when I rang welcome finance and told them I was given the number for welcome insurances, the lady I spoke to their told me to take it to a garage and find out what is wrong then give us a call back and we will see if it is covered. We paid for this out of our own pocket.

Now from the beginning of these so called policies I have not been given any policy numbers, documentation or contact numbers, so I do not know who the policies are with what is covered and how long they run for, So as I have not been given this information I think it only fair that I am given a full refund of insurances, interest charged and interest accrued on what I have already paid, if you cannot do this then please provide me with the Name of the Companies whom I am insured with and their contact details, so that I can get a full refund. By law you have to provide me with my insurers details.

I would like to make you aware that my account will remain in dispute until you have looked at all points in this letter and taken the actions necessary to correct them, As they are all errors on your behalf, Please find the recap below this statement.

Point 1 The balance on my account has been incorrect since 09/05/08; because a payment was credited to my account then it was wrongfully debited. As you will see on the bank statement this payment was paid to yourselves on the 7/05/08. Bank Statement No 14 (included as proof).

Point 2 What is a HDPI fee and why it has been charged to my account at £17.76, what was I charged £100.00 for on the 02/11/06; a full explanation must be provided.

Point 3 Charges listed above must be given a full explanation as to what the charges were and why they were charged, where interest has been charged a full explanation must be given to why you felt it necessary to Capitalise on the interest as this can only be done in situations that demand it.

Point 4 Two responses sent from you regarding interest being charged on the acceptance fee, both responses give different verdicts, which is the correct verdict the one from the Legal Compliance Officer Mr Palmer or the one from the Compliance officer.

Point 5 Please refund all of the insurances, interest charged and interest accrued on them to date, if this cannot be done then please forward details of the insurers to myself.

I look forward to your response within 14 working days.

Many Thanks

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Thats Fine

 

Do You Have The Nottingham Compliance Address

 

As This Is Mr P

What Did You Expect

 

Sorry , You Will Get To Know Him Better From The Forum

 

Yes i have the address, just get fed up of writing letters to them. Is there anything i can do regards to the payment they have taken.

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