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    • No such thing as bailiffs in the north anymore. HMRC have certain statutory powers, but obviously, they don't apply here. The legislation is much like the rest of the UK: MB either chases the debt themselves or sells it (or a %age) to a DCA. The DCA has no more rights than the original creditor had. They have to apply for a collection judgment against you through the Enforcement of Judgements Office.
    • This is the full appeal & response :    You reported that you were the registered keeper but is not prepared to state who was driving at the time the parking charge was issued. You reported that you are being held liable for the parking charge.         You completed the appeal on 09/02/2023 18:19:20. Upon arriving at the shopping centre The driver attempted to park in the disabled bay, which at the time was encroached by another vehicle already parked well outside of their bay, not displaying a badge. Due to the nature of the visit, the driver was required to park promptly and exit the vehicle, whilst displaying the blue disabled badge. Upon appealing, apparently the only thing that matters in this case is the sign post stating the parking bays must be adhered to at all times. Without any recognition for the fact the driver was physically not able to park elsewhere & correctly displayed their blue parking badge     The operator made their Prima Facie Case on 16/02/2023 15:02:06.   The Operator Reported That... The appellant was the driver. The appellant was the keeper. The operator is seeking keeper liability in accordance with PoFA.. ANPR/CCTV was used. The Notice to Keeper was sent on 15/12/2022. A response was received from the Notice to Keeper. The ticket was issued on 09/12/2022. The Notice to Keeper (ANPR) was sent in accordance with PoFA. The charge is based in Contract.   The Operator Made The Following Comments... The vehicle was not parked fully within the confines of a marked parking bay whilst parked in one of the carpark that we manage. Signage displayed throughout the site states "Vehicles to be parked within the confines of a marked parking bay". As the vehicle was in breach of the terms and conditions that are stated on the contractual signage throughout the site, a Parking Charge was issued.  As stated in the NGP initial appeal:  Arrived on site with a disabled passenger & as is visible in photo, we were unable to park in the disabled bay due to the other vehicle in the photo encroaching the disabled bay, meaning my passenger could not physically get out of the vehicle if we had parked between the marked lines. Please see photo for proof of blue badge & photo of parking on the day. Blue badge was displayed whilst parked.  >> We would just like to clarify that upon receiving their appeal, we reviewed the CCTV footage from the date in question and at no point did a passenger leave the vehicle nor is the keeper mentioning these facts to this IAS appeal.  We note that during the appeal process that we were provided with a disabled badge, but not the full badge showing whose badge this belongs to. Nevertheless the driver failed to correctly park within confines of the bay.  However for the IAS adjudicators viewing only we have attached a file titled "PCN 400786" This file shows the events that occurred with the driver on this date.  Please see file titled "Malpas Road Shopping Park" which shows what the signage looks like onsite.  Please see the file titled "Vehicle Location" which shows where the vehicle was parked and where the signage was located near by.         I am satisfied that the Appellant was parked in an area where the Operator has authority to issue Parking Charge Notices and to take the necessary steps to enforce them. A number of images, including a site map have been provided to me by the Operator which shows the signage displayed on this site. After viewing those images I am satisfied that the signage is sufficient to have brought to the attention of the Appellant the terms and conditions that apply to parking on this site.  The signage at this site makes it clear that parking is on private land and that vehicles must be parked wholly within the confines of a marked parking bay and that a failure to comply with that term and condition will result in the issuing of a Parking Charge Notice. I can see from the photographs provided that the Appellant was not parked within the confines of a marked bay, which the Appellant accepts. Whilst I appreciate the circumstances raised by the Appellant, mitigating/extenuating circumstances cannot be taken into account. Simply by parking outside of a marked bay the Appellant breached the displayed terms and conditions and as such I am satisfied that the PCN was correctly issued on this occasion. I have considered all the issues raised by both parties in this Appeal and I am satisfied that the Operator has established that the Parking Charge Notice was properly issued in accordance with the law and therefore this Appeal is dismissed.  Currently appealed 400786 Issued on 09/12/2022 by New Generation Parking Management Ltd to vehicle registration Originally rejected by operator on 02/02/2023
    • First of all, I'm not sure why you want to given 30 days to do the repair. It is excessive. I have the sense that you feel that you have to be reasonable in order to gain the approval of the court if that's the way it goes. You certainly should be reasonable but 30 days is excessive. Frankly I don't think that you should get the vehicle repaired by Cinch. They have undermined confidence. They have been notified of your quotation and the cause of the problem and they either haven't responded or they have declined to help. You have no way of knowing that if they are allowed to touch your vehicle, that they will do a quality job. I would suggest that the best thing to do is to get the vehicle repaired and then send them the bill. One them that this is what is going to happen and that if they don't pay you within seven days of receiving the bill then you will sue them. So I would book the car in for repairs on a date about 10 days from now. I would then inform Cinch in a letter of claim that the car is now booked in on XXX date. They have already had the inspection report in the estimate for repairs. You're paying the bill and seven days after that if they haven't reimburse you against the bill which you will submit to them, you will have them without any further notice. This will give them about 14 days to respond with the payment. You will have your car repaired and if they refuse – which they probably will – then you issue the claim papers without any more mucking around. If this appeals to you then draft a letter of claim which expresses this plan. Book the car in tomorrow for the work. Once you know the date then jiggle the dates of your letter around so that Cinch have 14 days before you sue them
    • TINY applies here... tough It's Now Yours.  its a person to person private sale  it's not covered by any rules/regulations at all. even if the MOT was fraud a county court claim is not the place to address this issue and most certainly not using the seller as any defendant against such, nor using it as an excuse to try and get out of buying the car and getting a refund. the claim is a dead duck. simply do AOS and file a defence stating this was a private sale between 2 private individuals, the car was test driven and the buyer found no faults nor were any aware of by the seller. dx
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Capquest Sold Disputed Debt on?


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Hi,

 

Just had a letter from Belfast Collection Services Ltd. threatening me with a "Doorstep Call".

 

This is regarding a debt that Capquest were chasing me for.

 

I thought companies were NOT allowed to pass/sell on debts that were in "dispute".

 

I sent Capquest a request about 3 months ago for a CCA (via template here) and never heard anything from them regarding this until now.

 

I have also informed them that this debt was also statute barred.

 

Can anyone advice me what to do regarding this new parasite?

 

Thanks,

 

G

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Shocking....you must report them to the OFT....

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since (DATE) .

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

I wrote to Capquest on the (date) explaining that the alleged debt is barred by the statute of limitation act, and stating in no uncertain terms that I had no intention of making any kind of payment towards an alleged debt that is indeed barred by statue. I also sent off a request for a copy of my agreement on the (date) to date this has still not been supplied and Capquest fell into default of this request on (XXXXX)

 

Both Capquests and your own companys actions are in clear multiple breach of CPUTR2008 in line with the OFT's guidance on debt collection.

 

I now require your official complaints procedure, if you fail to provide this within 14 working days I will have no option but to inform the Office Of Fair Trading and bring into question both yours and Capquest's suitability to hold a licence. I am also considering legal action.

 

After taking advice, I am of the opinion that any continued pursuit either in writing or by personal contact is in violation of the Harrassment laws as well as CPUTR2008

 

I would appreciate your due diligence in this matter, and await your official complaints procedures and confirmation that you will not be pursing me any further.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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BCS is part of Snotcall, and is essentially a one-woman show, operating out of an office over a shop on the Upper Newtownards Road. She may employ some freelance callers.

 

If they turn up (they don't actually fetch up most times), tell them to leave immediately, and call the PSNI if they don't go at once. Unlike some mainland police, PSNI do take such stuff seriously - claiming to be a debt collector could be an ideal way for a dissident to gather int or get close to a target.

 

BCS will be acting on behalf of Crapquest. Send them a letter reminding them that the matter is in dispute and say you want confirmation that they understand their obligation to suspend all collection activity until it's resolved.

 

Faugh A Ballagh!

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  • 3 weeks later...

By coincidence, I had a letter from these clowns a couple of days after posting here. The letter threatened doorstep collection. I knew that this would not happen, so ignored the letter (the debt they are chasing is not mine anyway).

 

Today I had another letter, this time telling me that since I had ignored all their (non-existent) demands, they might now have to consider passing the account back to the original creditor.

 

I knew that they would not call, because the address they are writing to does not exist; it is an official phantom address I use because of my job. Letters are routed to my actual address; the street exists, but the house number does not. It's clear that they do nothing but send out template letters.

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I wrote them a REALLY nasty letter threatening all sorts and they apologised and told me the debt had been passed back to crapquest!

 

Result!

 

I "should" really complain officially etc. etc. and contact Trading Standards etc. but they would probably close down and reopen, such is the quality of the company!

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I "should" really complain officially etc. etc. and contact Trading Standards etc. but they would probably close down and reopen, such is the quality of the company!

 

Yes I agree, it would be awful to put them to so much trouble, and god forbid they were ever able to open a more reputable company that actualy knew and abided by Consumer Law!!:lol:;):lol:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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BCS is part of Snotcall, and is essentially a one-woman show, operating out of an office over a shop on the Upper Newtownards Road. She may employ some freelance callers.

 

If they turn up (they don't actually fetch up most times), tell them to leave immediately, and call the PSNI if they don't go at once. Unlike some mainland police, PSNI do take such stuff seriously - claiming to be a debt collector could be an ideal way for a dissident to gather int or get close to a target.

 

BCS will be acting on behalf of capquest. Send them a letter reminding them that the matter is in dispute and say you want confirmation that they understand their obligation to suspend all collection activity until it's resolved.

 

Faugh A Ballagh!

 

better still tell them that you would love them to call but they must make an appointment with you as you want the PSNI to be there at the same time!

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