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    • Hello All, I was hoping for some help with a  Claim Form received yesterday 15h May 2024.  I have read lots of threads but I just want to check what I am doing. I have acknowledged service noting my intention to defend all of the claim and I have left the contest jurisdiction un-checked. I will today/tomorrow issue a CCA request with a £1 postal order to the claimant and a CPR 31:14 to the solicitor.  For the CCA which section should I use? I am not sure which section Paypal Credit would come under. If the claim was issued on the 9th May am I correct with my defence filing date of the 11th June? Is there anything else I need to do? Thanks in advance   Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? Lowell Portfolio I Ltd How many defendant's  joint or self ? Self (just 1) Date of issue –  9th May 2024 Defence filing date: Tuesday 11th June?? Particulars of Claim What is the claim for  The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx)  The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £0.00. The Claimant claims the sum of £255.69 What is the total value of the claim? £340.69 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? Not applicable Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PayPal credit account When did you enter into the original agreement before or after April 2007 ? After April 2007  Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, shows as defaulted.  Registered when it was bought by Lowell Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Cant find a letter that say so Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Not sure Why did you cease payments? Financial difficulties and mental health issues What was the date of your last payment? ? Mid 2019 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
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NCP and Railway Car Park


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Thank you for your comments this is an interesting/fascinating/worrying site and clearly something needs to be done to regulate the whole parking ticket issue.

 

Incidentally, I had paid my day's parking (as I always do) and left the ticket in full view on the dashboard. It seems that when the door was clsed it generated a draught which flipped the ticket upside down!!:rolleyes:

 

 

You said you would need to see the notice :- here it is.

 

Does this help?

 

(FRONT)

 

APCOA

• The World Of Parking

CIVIL PENALTY NOTICE

 

Notice Number: AP00662007 Date of Issue: 20/05/2009 Time of Issue: 10: 53

Time First Seen: 10:52

The Vehicle Registration: XXXXXXX

Make: Ford Colour: Silver

Was seen at location: Stroud Station Car Park

On (Date): 20/0512009

Time First Seen: 10: 52

By Parking Attendant: 028 Signature/Initials:~

Who had reasonable cause to believe that the following parking contravention had occurred:

01 - No valid payment

_YOU ARE THEREFORE REQUIRED TO PAY A PENALTY CHARGE OF £80.00 WITHIN 28 DAYS BEGINNING WITH THE DATE OF THE NOTICE. (SEE 'IMPORTANT NOTE' ON THE REVERSE OF THIS NOTICE FOR ACTION THAT MAY BE TAKEN IF NO PAYMENT IS RECEIVED.)

A DISCOUNTED PENALTY CHRRGE OF £50 WILL BE ACCEPTED IN SETTLEMENT OF THE PENALTY CHARGE IF PAYMENT IS MADE WITHIN 14 DAYS BEGINNING WITH THE DATE OF THE NOTICE

Payment Slip

 

 

Notice Number: AP00662007

Registration: XXXXXXXX

Date of Notice: 20/05/2009

Time of Notice: 10:53

PA: 028

Make:~ Colour: Ford Silver

At Location: Stroud Station Car Park 1

On (Date): 20/05/2009

Time First Seen: 10:52

Offence Code: 01

 

 

(BACK)

 

SHOULD PAYMENT NOT BE RECEIVED WITHIN THE SPECIFIED _ TIMES, A SUMMONS WILL BE ISSUED IN THE COUNTY COURT WHERE JUDGEMENT WILL BE SOUGHT FOR DEBT TO INCLUDE ANY AND ALL COSTS INCURRED IN RECOVERY

Instructions for Payment

1. by Telephone - 0845 260 3300 _

Debit and Credit Card payment may be made by telephone on the above number. Lines are open 24 hours, please ensure you have all your details ready including the Notice Number.

2. by Web http://www.payapcoa.co.uk

3. by Post using Debit I Credit Card please complete the payment slip below.

4. by Post

payment should be made by crossed cheque or postal order made payable to APCOA Parking (UK) Ltd. Please write the Notice Number together with your name and address on the reverse of the cheque I postal order.

NB if payment is to be made by post, please allow for postal delays.

Enquiries concerning this Notice should be made in writing within 7 Days to:

Penalty~ Notice Dept. PO Box 271, Bolton BL 1 9DR, quoting the Notice Number and the vehicle's registration number, location (e.g. carpark name) and offence code as printed on the front of this notice.

Payment Slip

 

Please complete details below before returning this slip with your payment.

Name: Mr/MrslMiss

Address:

 

Post Code

Daytime Tel No:

Only complete the details below ~ you are making payment by MASTERCARD,

VISA, SWITCH or DELTA CARD.

Please debit my Visa/MasterCardlSwitchlDelta Card (Delete as appropriate)

Amount £ ..................... Card Issue Number.

Card Number:1 I I I I I I I I I I I I I [] I I I I

Security Coded I I I I last 4 digits on signature strip

Card Valid from Date: ___ , ___ Card Expiry Date: ___ , ___

Name of Cardholder: Signature:

A receipt will not be issued unless a stamped addressed envelope is supplied

Do not send cash through the post

If you require a receipt please send a SAE

Payment should be sent with slip to

Penalty Notice Dept. PO Box 271, Bolton BL 1 9DR

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I would say that ticket is in conflict with itself regarding what it says on the front and back. i.e. the front refers to a "Civil Penalty Notice" with penalty mentioned several other times. The back, however, indicates they will pursue the matter to county court rather than to a magistrates court. This would indicate it is a PPC invoice which would need to be pursued as a invoice debt.

 

If that is correct then you should simply ignore it.

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Agreed Crem. No doubt about the APCOA ticket. That one can be tretaed as a straightforward PPC ticket, and totally ignored. No attempt to try and hide behind the byelaws in this instance.

MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.:D

Lloyds - Settled for an undisclosed sum.:D

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  • 4 weeks later...

I thought it fair to keep you guys up to date after all the great advice you gave me, and it will hopefully help others who come here looking for info.

 

I originally started this thread about a "Parking Contravention Charge Notice" I received from NCP at my local railway station on May 21st, ....I chose to ignore it based on the advice I was given on this site.

 

So far it has been 26 days and I haven't heard anything at all from NCP, after 28 days apparently the "fine" will rise from £25 to £50. I will post again next week and keep the forum updated.

 

Thanks to all.:-)

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Hi,

I am afraid that I somewhat caved in and did write a very brief letter of appeal to them stating the point that was confirmed back to me about the lack of signage in the area re the fine. I did not put my name or address or anything like that on it - only what was on the piece of toilet paper provided.

(:!: Yes - before you all get mad at me - I know I am silly, but I was a bit scared not to do anything at all!)

Anyway, like you, I have not heard anything as yet - I think Thursday is the 28th day!

Let's see what happens if anything - I will need your support...! :grin:

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  • 3 weeks later...

As the original poster (OP) I would like to keep you all up to date..... hopefully for the sake of everyone else who comes on here looking for help.

 

I received my first communication from NCP dated 25/6/09 ...

It basically repeats the original allegations, ie "parked in a permit bay without clearly displaying a valid permit"

 

It gives me 2 options... A. Pay in full ( now £50 !!)

or B. make representations ( option 1 ..I am not the owner, option 2 I am a hire firm and the hirer signed a formal agreement accepting liability etc... option 3 I wish to challenge this Charge Notice)

 

The bottom part/tear off has all the usual payment options, BUTthe scary part is a box in the middle which reads in BOLD CAPITAL LETTERS...

 

"YOU HAVE A FURTHER 28 DAYS TO PAY THE OUTSTANDING CHARGE. FAILURE TO PAY MAY RESULT IN NATIONAL CAR PARKS LIMITED INSTRUCTING A DEBT COLLECTION AGENCY TO COLLECT ANY SUM DUE. THE DEBT COLLECTION AGENCY MAY COMMENCE PROCEEDINGS AGAINST YOU IN THE COUNTY COURT AND OBTAIN A COUNTY COURT JUDGEMENT AGAINST YOU. THIS MAY AFFECT YOUR ABILITY TO BORROW MONEY OR OBTAIN CREDIT. A WARRANT MAY THEN BE ISSUED TO COUNTY COURT APPOINTED BAILIFFS TO RECOVER PAYMENT. YOU WILL ALSO BECOME LIABLE FOR THE ADDITIONAL FEES OF THE DEBT COLLECTION AGENCY, THE COUNTY COURT AND THE BAILIFF."

 

This is nothing short of intimidation.... with the backing of this forum I am holding my nerve and IGNORING THEM.

 

 

PS

there is company registration info on this form as there should be, but there is no VAT number as there was on the original "ticket"

Edited by 5printst
just remembered something
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The so call scary part is what gives me the greatest comfort.

 

It means that once again they have blown any chance of really getting you into a proper court (magistrates) for a breach of railway byelaws.

 

No you can relax and laugh at there ever increasing pleading with nothing to worry about.

MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.:D

Lloyds - Settled for an undisclosed sum.:D

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THE DEBT COLLECTION AGENCY MAY COMMENCE PROCEEDINGS AGAINST YOU IN THE COUNTY COURT AND OBTAIN A COUNTY COURT JUDGEMENT AGAINST YOU.

 

Naughty naughty. More than intimidation, this is completely unlawful.

 

Forward to Trading Standards.

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Can someone explain to me why this is unlawful? I guess mine will be following shortly.... I have had no response to my "appeal"...

 

A DCA has no basis in law for taking an alleged debtor to Court for enforcement as they do not own the debt. Only the original creditor can commence court proceedings.

 

For either to state otherwise is a breach of consumer law

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  • 4 weeks later...

Latest from NCP... over 2 months since my "crime" !!

Pre Legal Notification

Reference number...blah.......

Registration number..blah....

Date of Contravention....blah

Date of this Issue...blah.

Location....blah...

Balance Due : £50.00

Should payment not be remitted to us within the next fourteen days, from the date of issue of this notice, the case will be passed on to a Debt Collection Agency who may commence enforcement proceedings via the County Court. We would ask you to consider the implications of this:

Interest will be charged on the overdue amounts; Court Fees & Solicitors Costs will also be incurred.

A County Court Judgement would be placed on public record and with all major credit Reference Agencies which would of course seriously affect your Credit Status and could result in difficulty obtaining credit in the future.

If the Court Judgement were to remain unsatisfied a Warrant of Execution would then be issued and the Court Bailiff instructed to collect the outstanding monies or goods to the value of the claim. Further court fees would also be incurred at this stage.

In order to avoid the above course of action you must remit payment in full to us within fourteen days, from the date of issue of this notice, to the address shown overleaf. If you wish to pay by Credit or Debit Card you can call our payment line on 0845 452 7780.

etc.. etc... all erroneous capital letters are theirs.

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Typical debt collectors bow locks.

 

Lots of Ifs in it.

 

If we take it to court (not very likely) and If we win then you have to pay some interest and our costs.

 

If we win and If you don't pay up then bailiffs may get involved, and your credit rating will be affected

 

What they fail to mention is that a DCA cannot start court proceedings against you. Only their client can do that.

 

Another If scenario for you:

 

If you go to court you will win your case and owe them nothing. :D

 

However the most likely scenario is:

 

If you continue to ignore they will give up and move on. :D

-------------------------------------------------------------------------------------------------------------------------------------

This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

--------------------------------------------------------------------------------------------------------------------------------------

 

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I have just found this thread and also got a ppcn at ely station parking in the same spot as 5printst on 23/6/2009. I received their first communication as the 28 days have expired - it is exactly the same as yours - and on reading it, it is very intimidating. The comments here have given me confidence to hold out. I will follow your updates 5printst.

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  • 1 month later...

OK ready ?........incoming:eek:

 

I've now received a letter from a debt collection agency called Roxburghe Debt Collectors, on behalf of their client NCP. Without going into too much depth and sending everyone to sleep. basically it lists lots of various payment methods on the front and the back, and it has a VAT number on the bottom.

The letter part itself says they have instructed by their client to recover the outstanding PARKING CONTRAVENTION CHARGE NOTICE then it goes on to repeat the details from all the NCP paperwork.

 

BUT guys... it now includes late payment charges and has risen from £50 (remember original requirement was for £25) to £90.

 

It goes on....in the absence of payment or any valid dispute we will pursue this matter- with or without your cooperation. If we do not hear from you within 7 days we will pass the matter to our Solicitors, Graham White, who will review your case for potential legal action.

 

Yours Sincerely (LOL:lol:)

Jonathan Stock

 

PS it's well past 7 days since I got this.

 

I'm still sticking with you guys and your advice, ...

are we still ok here ? still on track ? still a load of b@ll@©s ? :?:

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