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    • Thanks. I often use this free site  https://www.sejda.com/compress-pdf  for work to compress PDFs. If it's no good, as you say, split it, and we'll do the biz at this end tomorrow. Knackered here - more in the morrow.
    • This is the covering email response (all personal details removed) - the pdf with all the info is 8mb - too big to upload - I'll need to split it and redact it tomorrow. Dear, We write further to your recent correspondence. We note from this that you have submitted a Request for Access pursuant to Article 15 of the UK General Data Protection Regulation (UK GDPR). We wish to confirm that the response provided below, and via the enclosed documents, concerns the Parking Charge referenced above. This data is provided on the basis that we note that you have already been identified as the registered keeper of the vehicle in question in relation to the dates of 22nd August 2023 and 11th September 2023 and therefore we can be satisfied, to the standard required, that the data collected and processed in respect of that vehicle on that date is personal data pertaining to you. We can confirm that your name and address were provided by the DVLA on 26th August 2023. This data was provided as you were identified as the registered keeper of vehicle in respect of a breach of the parking terms and conditions that took place within Mary Street, Carlisle on 22nd August 2023 Parkingeye can confirm that we issued a total of 5 items of correspondence to yourself to date prior to any further recovery or legal action. The address used was the address as held by the DVLA for the Registered Keeper of the vehicle. As no response was received to any of the correspondence sent, Parkingeye contacted a tracing agent to obtain any potential alternative address. To which end, an alternative address for yourself was provided and further items of correspondence were sent. Please note, whilst Experian are a credit referencing agency, no credit check has been undertaken in relation to this Parking Charge. We only utilise their tracing service in order to obtain alternative contact details. For clarity, personal data sent to our tracing agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. As Parkingeye did not receive any response to the correspondence sent, we entered into legal proceedings on 8th January 2024 in order to recover the outstanding sum owed for the Parking Charge and further costs were incurred. We can confirm that your name and address were provided by the DVLA on 15th September 2023. This data was provided as you were identified as the registered keeper of vehicle in respect of a breach of the parking terms and conditions that took place within Mary Street, Carlisle on 11th September 2023 . Parkingeye can confirm that we issued a total of 5 items of correspondence to yourself to date prior to any further recovery or legal action. The address used was the address as held by the DVLA for the Registered Keeper of the vehicle. As no response was received to any of the correspondence sent, Parkingeye contacted a tracing agent to obtain any potential alternative address. To which end, an alternative address for yourself was provided and further items of correspondence were sent. Please note, whilst Experian are a credit referencing agency, no credit check has been undertaken in relation to this Parking Charge. We only utilise their tracing service in order to obtain alternative contact details. For clarity, personal data sent to our tracing agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. As Parkingeye did not receive any response to the correspondence sent, we contacted our recovery agent in order to recover the outstanding sum owed against the Parking Charge. For clarity, personal data sent to our recovery agent is done so via an encrypted transmission route, therefore we do not hold physical copies of the same. The categories of personal data we send to them is your name, address and vehicle details. We can confirm, in line with s.(1)(h) of Article 15, that no automated decision-making or profiling, referred to in Article 22(1) and (4), has been undertaken in relation to personal data in this case. We note that Article 22 states as follows, “The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her”. We can confirm that you have not been subject to such a decision and that the processing falls outside the scope of Article 22. Any automated checks undertaken by Parkingeye in relation to ANPR data will only result in a decision not to issue a Parking Charge. Should the ANPR data we process indicate that a breach of the parking terms and conditions has taken place, any subsequent decision to issue a Parking Charge will require that data to pass through a substantial checking process that includes human intervention. Please note that the UK General Data Protection Regulation provides the following further rights:   •             The right to request from Parkingeye access, rectification or erasure of your personal data; •             The right to request from Parkingeye restriction of processing of your personal data; •             The right to object to the processing of your personal data.   Please note that some of these rights are not absolute and will only apply in certain circumstances. We will review each request we receive in respect of these rights. We do not have to agree with a request but if we refuse, we will still contact the data subject within one month to explain why. You also have the right to lodge a complaint with the Information Commissioner’s Office (ICO). For further information, please refer to the ICO website, www.ico.org.uk. You may also seek a judicial remedy. For further information about your rights as a data subject, plus information about the categories of data we process, data transfers, the legal basis for our processing, and the purposes of processing, please visit: https://www.Parkingeye.co.uk/privacy-policy/   Yours sincerely,   Parkingeye Privacy Team
    • Thanks to you both.  I'd guessed it was CCTV, but the creeps who sneak up and take photos of the vehicles also use time stamps. BTW TT98, what you have received is not a fine, you can never be clobbered for the statutory consequences of not paying a fine - because it isn't one.  It's an invoice, and they have the same right to sue you as you have the right to sue anyone as a layperson who doesn't pay you for an invoice.  It's just a simple civil matter about a "debt".  Nothing worse.
    • As Dave has already said there are Consideration periods and Grace periods to be taken into account when private parking is involved. Before looking at that the first thing is to check whether your PCN complies with the Protection of Freedoms Act 2012 Schedule 4 which regulates the private parking rogues. They were very good at twice quoting from the Act but they missed Section 9[2][e] (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; They didn't do that so they have not complied with the Act which means they cannot pursue you as the keeper only as the driver which they said themselves when quoting Section 9 [2][f] . In addition they are supposed to quote the period of parking but instead given the times of arrival and departure of your vegicle which is not the same thing.Obviously their times  include the driving times to the parking place plus later from the parking place to the exit. So removing those times from your 15 minute overtime and that doesn't include extra minutes when your car was held up by stopping for pedestrians or other cars passing in front of you as well as returning the shopping trolley and possibly  queueing to get out of the car park. And that doesn't include children and or disabled people causing greater differences betwen their times and the actual parking period which is what is specified in the Act. It is perfectly possible that as much as fifteen minutes longer  could be taken in a larger busy car park compared to their spurious ANPR times. You may have noticed sating well done to you in his post. that was for two reasons. The first for giving us all the necessary details surrounding the alleged breach. the second well done was for not appealing a possibly giving away who was driving. As you the keeper is not responsible now for paying the PCN and Highview do not know who was driving they will have difficulty if the take you to Court since Courts do not accept that the keeper and the driver are the same person which is quite right considering that quite often family members often drive as opposed to the keeper as can loads of other people drive your  who have valid insurance motor policies. So don't worry even if you have to go to Court as the odds are in your favour and that's before we see the contract and Witness Statement which often give more ammunition against them.
    • Thanks. The way the court system works, with fixed costs included in the claim, means you have nothing to lose by fighting on. Give in now and you pay them their claim. Lose in court and you pay them their claim.  So why not fight? In fact were you to lose in court it's highly likely that the judge would increase the amount by their £25 hearing fee but then decrease it by disallowing the £70 Unicorn Food Tax they have just made up and added to the claim. It was however a mistake not to park in the far bay. But what about their negligence in allowing a disgracefully-parked vehicle to stay where it was and prevent your BB access? In any case, there is a long, long way to go before court.  A lot of these companies start a court claim in the hope that the motorist will wet themself and give in.  If a case is robustly defended and a decent Witness Statement produced, a good 20% of the time they drop the cases.  We'll support you all the way.
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Help...Should I CCA...did owe £90k??


WelshMam2009
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Apologies if I have not posted thread in correct section but would appreciate some advice!!

 

In 2006 I finally began to face up to my debt problems which totalled almost circa £90k. Agreed a DMP and had all interest and charges frozen. Those charges that had been applied I managed to get refunded by constantly complaining.

 

Everything was going fine until I became ill and lost my job in 2007. I have been certified as unfit for work for the forseeable future and stressful situations make my illness far worse.

 

Having long since exhausted the compensation that I received, for the past 6 months or so have been paying the 7 CC companies (inc 1 loan) only £1 per month.

 

I have had a default notice from M&S although only what I believe are arrears notices from the others.

 

I'm not naive enough to believe that this is going to continue for much longer and am wondering if I should begin sending off CCA requests so that I know where I stand?

 

I currently owe circa £45k.

 

I was going to start with MBNA although see that they only seem to send a copy of the application form and tend to quote Judge Brown in the Rankine case when challenged.

 

My only equity is in the house (mortgage up to date with grateful thanks to my pensioner parents) and naturally, I want to protect this for my childrens welfare (both school age). I am a single parent and not eligible for Income Support as I receive the higher level Incapacity Benefiit.

 

Need to face up to this and become pro-active but don't particularly want to open too many cans of worms all at once!!

 

Any advice gratefully received.:cool:

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Hi WelshMam, as stressful situations make your illness, it might be better for you if you can afford it to continue for now to pay the creditors the £1.00, so long as they dont hassle you, as they may due to your circumstances continue to accept the token payments. If they were to give you hassle, then you can send out the CCA requests.

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Thanks Blueda....much appreciated! :D

 

What I am wondering is that if they were to terminate the agreement and sell on to a DCA then I would no longer be able to CCA them and claim the agreement as being unenforceable ??

 

I am not getting any hassle at the moment...have 'banned' them from contacting me by phone but just have this feeling that something is going to happen sooner rather than later and that I should be prepared!!

 

Many thanks again...:D

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Hi welshmam, and welcome to CAG. You can send CCA requests at any time and it doesn't matter if the debts have been passed onto dca's. In some ways the dca is less likely to be able to produce an agreement and in any event they will refer the request back to the original creditor.

 

I had a similar debt mountain to yours. I set up payment arrangements with some of my creditors with the assistance of the CAB and they froze interest and were very nice. The ones who were unhelpful mostly passed on my debts to dcas - they then got CCA requests after I had discovered CAG a couple of years ago - and not one of them has been able to find an agreement.

 

I am still paying three of them £1. I did send them CCA requests last year, purely out of interest, and found that they too do not have enforceable agreements. But I have kept that piece of information for the day that they do turn nasty, either to negotiate or tell them to get stuffed depending on my circumstances.

 

So there is no harm in your sending CCA requests - you are only asking for a copy of your agreement as is your right, you are not necessarily saying they won't get another penny.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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I did send them CCA requests last year, purely out of interest, and found that they too do not have enforceable agreements. But I have kept that piece of information for the day that they do turn nasty, either to negotiate or tell them to get stuffed depending on my circumstances.

 

So there is no harm in your sending CCA requests - you are only asking for a copy of your agreement as is your right, you are not necessarily saying they won't get another penny.

 

Many thanks for your warm welcome and advice GoldLady:D

 

What you have done is what I am inclined to do. I don't want to 'rock' the proverbial boat but would have some peace of mind knowing if the agreements were enforceable or not.

 

Also, as you have said, at least I would have that information if and when they turned nasty!!

 

Fab forum and even fabbier (???) members!!:cool:

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Well done for banning them from phoning you

 

Yep, I did that all by my lonesome Blueda!! Although I note on here that the Harrassment Act (??) or similar is quoted.

 

I refered them to the Banking Code of Practice (if a member of course) which states something along the lines of them respecting your wishes to communicate in writing so long as you maintain contact with them.

 

Egg did 'accidently' ring once and left a message on my answerphone...so I sent off a complaint!! Now my answer message says;

 

'your call cannot be taken at the moment and you cannot leave a message' lol ;)

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Hi Welshmam and welcome:) As Goldlady says you can ask for your agreement at any time. Don't worry about MBNA quoting Rankine- this judgement was seriously flawed and is not binding anyway. MBNA say a lot of things, 99.9999% talking out of their bums! Have you spoken to National Debtline or one of the free debt management companies (payplan or CCCS)? You sound like you're doing ok by yourself for now but if they do start hassling you, you're in the right place!!:)

<<<If I have helped please tickle the scales;-)<<<

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Thanks for your contribution FedUp...your names sums up exactly how I feel at the moment!!

 

There has been a new development as I have received a letter from MBNA threatening to default my account. (Am now gonna CCA them!)

 

Intriguingly, this was also stated at the top of the letter;

 

YOU COULD REDUCE YOUR DEBT BY UP TO 40%, A SAVING OF £XXX

 

CALL US ON 0800 xxxxx

 

IT'S YOUR CALL. TAKE ADVANTAGE OF THIS VERY SPECIAL OPPORTUNITY!

 

Anyone know what this is all about??

 

EDIT: May also start a thread in MBNA about this as I'm in the wrong place!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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I posted in the wrong place so am trying to revive my thread here!

 

Basically having been paying my creditors £1 for 6 or so months (without their agreement). No interest or charges to date though.

 

There has been a new development as I have now received a letter from MBNA threatening to default my account. (Am now gonna CCA them!)

 

Intriguingly, this was also stated at the top of the letter;

 

YOU COULD REDUCE YOUR DEBT BY UP TO 40%, A SAVING OF £XXX

 

CALL US ON 0800 xxxxx

 

IT'S YOUR CALL. TAKE ADVANTAGE OF THIS VERY SPECIAL OPPORTUNITY!

Anyone know what this is all about??

 

EDIT: My original thread is here: http://www.consumeractiongroup.co.uk...uld-i-cca.html

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If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Standard letter spewed out by their automatic machine to get you to ring them. When you call they will tell you they are unaware of this offer but if you pay £1 million today we can close your account:rolleyes: CCA them and see what they come up with- they are getting better with their cut and paste efforts!! Remember- DON'T SIGN the CCA request.:)

<<<If I have helped please tickle the scales;-)<<<

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Just as an aside - well done on reducing the debt by so much in a short space of time!!

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Thanks FedUp and Mr Shed...nice to know I'm not on my own!!

 

Have already picked up the postal order today so will get CCA off asap.

 

Will remember to print my name although interestingly I don't sign legal/financial documents in the same way as I do correspondence.

 

For example, if my name is Victoria Ann Summers (don't know how I came up with that name!) then I sign all correspondence as: V A Summers

but I sign legal/financial docs as: Victoria Summers.

 

So, will be inspecting MY signature with interest!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Have you spoken to National Debtline or one of the free debt management companies (payplan or CCCS)?

 

Yes, FedUp, I did speak to National Debtline and whilst I found their documentation useful wasn't overly impressed with the advice to go for an IVA.

 

Did go through some financial info with them, with the intention of them managing my DMP, but was totally confused when they challenged my budget allowances for food etc which were based on figures quoted in their own documentation! So, negotiated my own DMP with my creditors.

 

Don't want to knock them though, as I know they provide an invaluable service.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Guest Gordons Barking

They have forked tongue and probably do not have an agreement so try anything to get some money be prepared for more of the same.

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They have forked tongue and probably do not have an agreement so try anything to get some money be prepared for more of the same.

 

Thanks Gordon...I hope they don't have an agreement! CCA has gone off recorded delivery today so will see what comes back!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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as a matter of interest can i ask two things:-

 

a credit card taken out online - does that need a signed contract? or is the online application (which of course cannot be signed) the legally binding agreement?

 

secondly

 

what is the reason for not signing a cca request - surely a creditor could argue to a court that the unsigned request might not have been from the debtor therefore they felt obliged not to reveal information to someone else in the household (data protection)

 

thanks

 

diddydicky

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a credit card taken out online - does that need a signed contract? or is the online application (which of course cannot be signed) the legally binding agreement?

 

Ok, am new here so still learning myself! I understand that the law is different in respect of online applications and don't require a signature on the agreement. You should still receive a copy of your agreement in the post though (I know I did with EGG as I have it here!!)

 

what is the reason for not signing a cca request - surely a creditor could argue to a court that the unsigned request might not have been from the debtor therefore they felt obliged not to reveal information to someone else in the household (data protection)

 

There is a scurrilous rumour that some companies have been known to forge agreements...hence, you need to print your name. I haven't come across any posts where the CCA has not been supplied because of this although, further information/identification is requested with a Subject Access Request.

 

Hope this helps Diddy!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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hi welshmam i have cca mbna yesterday letter went off , shall we keep each other informed of what we receive next from them

 

Defo Almond....let's see what comes back!!

 

Fingers crossed!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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I used my normal signature but added an extra letter - have done the same on any cheques I have sent as well. So if that signature turns up on anything I will know and be able to prove it:D

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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hiya WelshMam2009 and everyone else with mbna problems

 

have you seen underdog thread yet?

 

maybe useful as speaking with solicitor on monday take a peek

 

http://www.consumeractiongroup.co.uk/forum/mbna/172769-mbna-agreement-now-threat.html

 

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya WelshMam2009 and everyone else with mbna problems

 

have you seen underdog thread yet?

 

maybe useful as speaking with solicitor on monday take a peek

 

http://www.consumeractiongroup.co.uk/forum/mbna/172769-mbna-agreement-now-threat.html

 

 

laters angel x

 

Thanks for the link Angel...will subscribe and watch with interest!

 

What I love about this forum is that for the first time in years, I don't feel on my own in dealing with these matters. It's such a relief to know that there are other members going through (or have gone through) exactly the same problems as myself. Also, everyone's willingness to share information and help out is absolutely fantastic!

 

Fingers crossed for UnderDog!!!:D

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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hello Welshmam2009

 

you are absolutely welcome:D

 

was a pleasure to tell as many people as poss for underdog, and it is about supporting each other in all this madness

 

keep positive okay

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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