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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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Channel 4 Dispatches to air debt collection exposé


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I would like to know what is going to be done to make sure that people in debt know their rights, assume they may not have access to the internet, what are local authorities doing to make information available to those who need it the most, is it in librarys and do we know that, is it on the radio, posters at bus stops, or good access to debt advice with legal advisers available to the most vulnerbale in society????? obviously people do not know their rights so what is being done about it????

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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I would like to know what is going to be done to make sure that people in debt know their rights, assume they may not have access to the internet, what are local authorities doing to make information available to those who need it the most, is it in librarys and do we know that, is it on the radio, posters at bus stops, or good access to debt advice with legal advisers available to the most vulnerbale in society????? obviously people do not know their rights so what is being done about it????

 

I think that is a good idea for a campaign, i think people should be made aware of their rights and i think that they should be made aware not to fear DCAs . After all "fear" is a powerfull weapon to a DCA.

hello all:-)

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I thought the ending might be a cop out and I was right, the couple at the end said 'once they come into your house they don't leave' which is daft as they don't have any rights to come into your house... another misconception left in place.

 

It was clear that couple had severe financial problems just by the list of debts she rolled off, one of those was ctax arrears and hence bailiffs can come into your house for that.

 

I think the difference in debts should have been pointed out tho.

 

S.

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It was clear that couple had severe financial problems just by the list of debts she rolled off, one of those was ctax arrears and hence bailiffs can come into your house for that.

 

I think the difference in debts should have been pointed out tho.

 

S.

 

Got to agree with that, always pay council tax and utilities before CC and loan debts!!!!!!

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Still stuck at work but slowed down a bit (for a nice change) so working my way through the posts - very interesting as always. Will watch the programme when I get home. Seems like it was a good start, hopefully will build a critical mass now and the government will kick the OFT into acting.

 

Said it several times but rings true - the vast majority of us are can't pay (at least on their terms) and when they start from a presumption that we are all "wont pay" (together with the general arrogance and disregard that the programme sounds like it showcased the tip of the iceberg of) then we have this perpetual stand off and struggle.

MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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When they were doing the team building session, trying to hype them up with the cheesy rendition of "When the going gets tough", I really was expecting Ricky Gervais to pop out at any moment !!

 

If I had been the reporter, my cover would have been blown there and then, due to my rolling on the floor in tears of laughter !

 

 

On a more serious note.

A shocker of a programme, and all publicity of such practices is well and good, but I do think C4's motives and bias was bit too much on the sensationalist journalism side, and it should have been balanced out by dropping in some more practical advice.

More suggestions of where and how to get advice and help (and also bear in mind that there are a lot of people in need who either aren't computer and internet literate, or simply can't even afford the hardware or broadband costs).

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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its a real SHAME that just one slot of one of the experts could not of simply said GET A CCA! before you pay anything. so simple so effective.

 

it really needed to have gone into more about displaying to watchers how NOT to fall foul of the underhand tactics.

 

i also though the bit at the end with the couple who suffered after a bK was very wrong too.

 

get in contact with these people and start paying, don't do what we did.

 

very very wrong to put this at the end as some sort of conclusion that people might take as being the thing to do.

 

we've shown you what DCA's are like ,this is what happens if you don't pay them.

 

 

hang your heads dispatches team.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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A big friendly HELLO! to all you lovely CAG people :)

 

I can't tell you how pleased I am to have discovered this site - We actually kept the children up til 9pm this evening as a last minute channel-hop revealed the Dispatches expose of those Marlin sharks.

 

I am just about to tackle some DCA's head on to sort out a few debts we have and no doubt will be asking you all some questions along the way. Our debts were not accrued for frivolous reasons and we've been paying substantial regular amounts for a long while but I am fed up with these greedy B's and their bullying tactics.

 

Thank you in advance for all your priceless advice and talk to you soon!

 

Welcome 'Newbie' you are amongst friends. :)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

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Whos the first to ring Marlins this morning and speak to the "Best collector in the office" or do you think he is having a day off!!

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Again there was no imput from any goverment person or body..

 

Its about time the OFT got some BALLS!!!!!!!!!!!

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I watched last nights programme, It was no surprise to me to see how these people work.

 

The sooner this industry is properly regulated the better.

 

They broke the rules on so many occasions, the trouble is these are just guidelines set out by the FSA, they should become law, and heavy fines imposed and License's removed if these are broken.

 

Shame on the lot of them.

 

Making money out of peoples misery.

 

Have a nice day Mark , I am sure you will no doubt ignore everything that is said, But mark(LOL) my words, Time will tell.

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I just watched it on 4OD, to mixed feelings.

Overall, great that they have been exposed for what they are..and in reality I feel more research would have unearthed much worse behaviour and scenarios.

However I agree with dx100 and others in that they left the programme hanging with the impression that there was nothing you could do about it, which could leave many people feeling even MORE frightened of them than they were before.

For a balanced journalistic view alone, the programme should have included advice on consumer rights and how to deal with these companies. I was waiting for a "if you have been affected by the issues covered in this programme...." announcement at the end, with helpline numbers. Nothing came up on 4OD...I take it nothing came up live either..which is rather shocking.

Hey ho, good and bad publicity for CAG, hopefully many new genuine people in need of help will find us through the Dispatches website...but watch out for fakes as their ire has been raised, and no doubt there will be trolls in abundance, so beware of PMs or requests for email addresses etc dressed up in any form. :rolleyes:

Elsa x

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Emailed the OFt this morning lets see if they respond:)

 

Good Morning

 

I watched with what can only be described as outright disgust that a firm of Debt Collectors called Marlins can be allowed to get away with such contempt of the guidelines and legalities laid down to govern this industry.

 

I also noticed with dismay that the OFT either were not approached to comment of these practices or if they were approached did not deem it their responsibility to address the points/issues raised.

 

I would hope that someone within the OFT will be contacting Marlins and discusing with them the obvious lack of any kind control over their staff, in particular the person (Mark) showed such distain to the people he was dealing with.

 

Also can you please explain how an employee of one company can then answer the phone under the guise of another, i.e. a Marlins Debt collection agent suddenly becoming a Solicitor for Sechiari Clarke and Mitchell?

 

I hope that you will sit up and take notice of how this industry is being run and do not as was said last night "show your teeth but not bite" but actually take these firms to task

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Emailed the OFt this morning lets see if they respond:)

 

Good Morning

 

I watched with what can only be described as outright disgust that a firm of Debt Collectors called Marlins can be allowed to get away with such contempt of the guidelines and legalities laid down to govern this industry.

 

I also noticed with dismay that the OFT either were not approached to comment of these practices or if they were approached did not deem it their responsibility to address the points/issues raised.

 

I would hope that someone within the OFT will be contacting Marlins and discusing with them the obvious lack of any kind control over their staff, in particular the person (Mark) showed such distain to the people he was dealing with.

 

Also can you please explain how an employee of one company can then answer the phone under the guise of another, i.e. a Marlins Debt collection agent suddenly becoming a Solicitor for Sechiari Clarke and Mitchell?

 

I hope that you will sit up and take notice of how this industry is being run and do not as was said last night "show your teeth but not bite" but actually take these firms to task

 

post an email link up ......please

Beck

"There are two ways to conquer and enslave a nation. one is by the Sword. The other is by Debt."

 

Barclaycard PPI Refund £4300:whoo:

Barclaycard = Mexican Stand Off

 

TSB = Mexican Stand Off

 

Santander = :mad2: MungyPup is coming to get yahh :mad2:

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Emailed the OFt this morning lets see if they respond:)

 

Good Morning

 

I watched with what can only be described as outright disgust that a firm of Debt Collectors called Marlins can be allowed to get away with such contempt of the guidelines and legalities laid down to govern this industry.

 

I also noticed with dismay that the OFT either were not approached to comment of these practices or if they were approached did not deem it their responsibility to address the points/issues raised.

 

I would hope that someone within the OFT will be contacting Marlins and discusing with them the obvious lack of any kind control over their staff, in particular the person (Mark) showed such distain to the people he was dealing with.

 

Also can you please explain how an employee of one company can then answer the phone under the guise of another, i.e. a Marlins Debt collection agent suddenly becoming a Solicitor for Sechiari Clarke and Mitchell?

 

I hope that you will sit up and take notice of how this industry is being run and do not as was said last night "show your teeth but not bite" but actually take these firms to task

 

I thought that the Solicitors were Mortimer Clarke

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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so meny names

its hard to keep track

 

ignm

 

as we are dealing with this shower at the moment in court, ho can we exploit this biz of marlin answering the phone as sols, i mean in court

 

interesting times

 

complaint ready to the sra also

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The solicitor is Mortimer Clarke:

The Law Society - Find a solicitor

 

Same office as Marlin;

One solicitor;

No Wheel chair access;

No Legal Aid;

No Fixed Fee internview.

Pretty much No Nothing.

 

I thought of you IGNM, when one of the Marlin collectors pretended to be a solicitor when on the phone to a debtor;

outrageous behaviour;

if the solicitor condones this sort of deception, then he should be struck off!

 

We all know this goes on, but this sort of bad practice needs to be stopped.

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