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    • Hi, hope that you can help with the PCN detailed below, unfortunately I have entered into correspondence (appeal) and identified the driver, hope that this doesn't have too much of an impact! On 26/05/2024 the driver entered the ANPR controlled car park to park but was unable to find suitable parking due to the car park being very busy. This took 11 minutes according to Wise ANPR details, this was due to other vehicles looking for parking and impeding the driver's progress. This has been appealed to both Wise Parking and IAS and the appeal has been rejected by both; unfortunately, the driver has been identified on the appeal. Note: the appeal response from Wise was not received until 04/07/2024, wise state (after me chasing) that it was sent by email on 17/05/2024 but this was not received and not in junk mail. I have completed the form below and attached correspondence (post and email) as a single pdf Please let me know if you need anything else.   1 Date of the infringement 26/05/2024   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 29/05/2024   3 Date received Around 04/06/2024   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  Y   5 Is there any photographic evidence of the event? Y   6 Have you appealed? [Y/N?] post up your appeal] Y Unable to find /access details of my appeal to Wise, however I will have revealed the identity of the driver My appeal to IAS: You completed the appeal on 06/07/2024 23:38:42. The car was not parked on this land. The reason for this was that there were no available parking spaces. I drove the car around the car park a few times searching for a space but was unable to obtain a space due to it being busy. I then left the car park without parking, I therefor did not make use of their facility or have the opportunity to check their terms and conditions as I did not leave the car. The appellant made their response on 08/07/2024 09:52:52. As I did not park due to lack of opportunity a "parking" charge is not appropriate. As can be seen from the ticket, I was only onsite for a few minutes which backs up my assertion that I did not park. No evidence has been provided that I did park, only that I entered and left 11 minutes later.   Have you had a response? [Y/N?] post it up Y   7 Who is the parking company? Wise Parking   8. Where exactly [carpark name and town] Chapel Point, Chapel St Leonards   For either option, does it say which appeals body they operate under. IAS   If you have received any other correspondence, please mention it here I have received a response from both Wise and IAS rejecting my appeal     Wise Parking PCN - 26-05-2024.pdf
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Cap One - should I keep paying?


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Hi all,

 

Capital One must be very busy at the moment as we're all getting the same response!! :)

 

My question is should I keep paying?

 

I have owe about £50k which is somehow 'just' managable - payment wise but not mentally!

 

My credit score is actually ok, with no late payments, so I'm concerned of harming it. However I have been paid late this month, and expect to be next month - so although I can pay my £300 odd to CapOne could be one I could do with not paying.

 

My mortgage terms ends in October at which point I'll be put on their standard variable so the reality is I won't be applying for credit for likely a year - need to get rid of this debt first!

 

If I keep paying then Cap One won't be bothered about my threats - so should I just face reality and have a poor credit history for a few months and stop paying?

 

If I keep paying - and it goes to court can I claim these payments back?

 

In other peoples cases how long does resolution take? I'm only at initial CCA response stage.

 

Thanks in advance.

 

Mr_J

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ok.... if I keep paying can I claim that back? - If I'm successful in court.

 

I don't want to pay if I'm not going to see the money back. Also if I keep paying Capital One won't have an issue with my threats - why would they if I'm still paying. And finally I could do with saving some money!!

 

Thanks

 

Mr_J

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sorry just re-read the post and guess I should also add that I believe like everyone else I have a non valid CCA. They've sent me their standard terms unsigned like everyone else. My next step is SAR to get my actual copy, so just wondered at which stage, if indeed any, I should stop paying.

 

Thanks again.

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sorry just re-read the post and guess I should also add that I believe like everyone else I have a non valid CCA. They've sent me their standard terms unsigned like everyone else. My next step is SAR to get my actual copy, so just wondered at which stage, if indeed any, I should stop paying.

 

Thanks again.

 

I really think you should read some more crapital one threads on this site before deciding to stop paying... if you can afford to keep paying then I would!

 

I say that because if you stop paying/reduce the amount etc then they WILL eventually default you, they will wreck your credit file for 6 years and they will send you out to any DCA willing to give it a shot.

 

If they cant find an agreement or if you take the bull by the horns you might be able to get a judge to decide on unenforceability and possibly get the default removed but its a lottery for a judge who will understand and apply the statute and you could make yourself liable for costs in court if you take them to court in multi or fast track.

 

Think hard if you can afford to make the payments before deciding to just stop.

 

S.

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I say that because if you stop paying/reduce the amount etc then they WILL eventually default you, they will wreck your credit file for 6 years and they will send you out to any DCA willing to give it a shot.

 

If they cant find an agreement or if you take the bull by the horns you might be able to get a judge to decide on unenforceability and possibly get the default removed but its a lottery for a judge who will understand and apply the statute and you could make yourself liable for costs in court if you take them to court in multi or fast track.

 

S.

 

Do they send default first which goes on your credit file and then send it to DCA? Or doesnt it matter which way round its done or are there 2 different types of default?

 

If in wrong place apologies and would appreciate being re-directed

thanx

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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