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    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
    • 1 Date of the infringement 16th March   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received unsure   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.   Have you had a response? [Y/N?] post it up Yes, rejected:   Site: Sea View Car Park, PL27 6SR Date of Event: 16th March 2024 We are in receipt of your challenge in relation to the above Parking Charge. Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error. As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'. 'The Contract' also details that there is an exception for those with a valid mobile session in place. Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'. Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined. We note that you have submitted evidence of payment; however, said payment is not for this location. It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay. In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter. Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to. Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter. 7 Who is the parking company? Alliance Parking LTD   8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall   For either option, does it say which appeals body they operate under. IAS Hi there, thanks in advance for any help on this.   Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense. I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.) I only had receipts for two instances so I assume the first it didn't go through as had terrible signal. Paid £60 for one of the fines. Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.   Have now received the attached letter of claim. I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance. LOC-alliance-1.pdf Apologies, 2nd page of LOC here. LOC-alliance-2.pdf
    • Would still like to see the court bundle  Any part ex as deposit or any deposit paid on the agreement does imo count towards the one third or the half in the case of a VT
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      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.

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Help, I'm Lost with these credit card Companies


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I have tried everything possible to get my agreement from these people, CPR31.16, CCA 1974 sECTIONS 77/78, Data Protection Act and so on and so on. But now I have come to a sudden holt. I had a court hearing on the 8th Sept 2009 for disclosure against BC but have today recieved a letter from their solicitors advising me that they have wriiten to the courts asking for a re schedule and a longer hearing time. They claim they are a change of solcitors and need more time to put a case together. In the meantime Barclaycard and Mercers ae constantly phoning me and texting my mobile at least 10 times per day. I have sent them letters advising them of the court hearing pending and also explaining that if they do not stop their constant harassment I will report them to the OFT under the oft guidlines 2.8k. they still persist that as far as they are concerned the account is not in dispute and they have the right to persue the debt. Can anyone help me please as it's now driving both my wife and I nutts. :?:?:?

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4 threads merged and moved to Legal Issues forum. Can you please provide more detail about the hearing. What were the Particulars of Claim, and has a defence been submitted?

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Caro

 

The court case is one the OP has made against BC/mercers for disclosure under the CPR31.16.

 

There sols, lovell, have asked the court for more time to prepear and to extend the hearing time.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Caro, I have submitted an order which I got off this site for disclosure, asking the district judge to order BC to send me a copy of my agreement containing my signature, unfortunately BC's solicitors have asked the courts to re schedule the hearing to allow them more time to prepare their case, that was two weeks ago and I have'nt had anything from the courts as yet. Lovels solicitors have not sent me anything in way of a defence. Mercers have agreed to stop phoning me until they recieve further notice from BC but they keep calling me threatening me with legal proceedings at least 6 times a day. What Can I do next as I have even made a written complaint to the OFT but this does not even deture them when I have informed them of that. Please Please Help

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Charlick, Barclaycard is a really difficult company to get these agreements from. From reading lots of threads on here I am of the opinion that they are taking this bullish approach as they don't have any proper agreements.

They can't let people know they don't have them as we all tell each other here and elsewhere and their liabilities would be enormous.

I am not exactly sure of what to do re this request for more time - my own view is they are just bluffing. Why don't you call the court? Explain you are a Litigant in Person and would like some advice on procedure. See what they say. Depending on what they advise I would be inclined to write to the court and state your objections to this.

 

All you have asked for is a copy of the original agreement which they are bound by law to supply.

 

What on earth is there to prepare a case for? Either they have it and can produce it or they don't and should pay you costs for wasting your time.

 

As for Mercers/BC's threats. Tell them to sue you if they believe they have a case. They would have to supply the agreement then.

 

Barclaycard is playing a high risk strategy and they know it.

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i agree with rhia. they are playing games. they dont need to prepare for any type of case for longer as they have already had more than enough time to find the cca as it is.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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You could always call the courts and ask what is going on. Its normally the companys we advise not to call but as it is a court i dont see any type of issue. I regularly call the courts so there is not a problem there in my eyes.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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My inclination would be to write a brief letter to court quoting your claim ref no.

 

Confirm that you have given BC adequate time to comply before going to court. For a business of their size and resources to need further time to prepare, makes no sense and you would prefer the case to proceed as soon as poss.

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They've had more than enough time. It's time they got their finger out.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Good idea slick but i was saying call the courts to see if they have actually recieved anything from BC before sending anything just in case they have not sent it. Another thought is u could always photo copy the letter they sent and advise the courts u are including a copy of what they sent for ease of referance.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi Everyone, I have contacted the courts and as yet they have not recieved any letters from Lovells Solicitors. However Mercers said last week they have put off contacting me until after the court hearing but today I recieved a letter from them saying that If I did not pay the whole amount outstanding they may put the account in the hands of a local debt collector who will pay me a house visit. What should I do next as I am now fed up with all this nonsence and beginning to wish I had never started it all.

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Well if the court has not had any submission for a stay, there won't be one. Until you hear further your hearing will go ahead on September 8th. They are playing games with you I think so don't let them get to you.

 

I think I would write to the Court Manager and send a copy of the letter where they wrote to you asking for more time. Explain you are a Litigant in Person and not sure how to proceed but state that there is no genuine reason why they would need to delay the hearing and as such you object to any extension. You have made a simple request for them to supply the original copy of an executed agreement. Either they have it or they don't. Try that and then follow it up in a few days when the court will have had a copy.

 

As to the letters, just keep filing them and produce them for the judge if needed to show just how ridiculous Barclaycard is.

I think it is deliberate so people really do get brassed off and give it up.

 

I doubt they wills end anyone. If they do just show him the court papers he (or she) will soon go away again.

I also think it gets to a point where it's pointless replying to them so just leave it and let them stew.

Edited by Rhia
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Well well well it sounds like they were bluffing.

 

I would do as Rhia says and prepare for ur case on 8th september untill u hear from the courts in writing anything differently.

 

Also write to the court manager as Rhia suggested and even ask for a copy of the complaint and court managers response to be put on file.

 

re the letters. just file and ignore if anybody does come to ur door u have a few options.

 

1) refuse to confirm anything with them. this includes ur name date of birth etc.

2) hand them a copy of the trespasses will be shot letter. will post this up in a bit for u.

3) If u feel u have to speak to them given them a copy of the court papers and say they are fully aware of the case and tell them u will be informing the courts of this.

4) say as a matter of security u are required to take id and a photo of everyone that comes to the door they are required to sign to say the id u have copied is theres and they are signing to say they illegally came on to ur premises as result they have to pay u £250 for trespassing also any company they work for also has to pay you £250. This is my favorite.

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OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

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Thanks Everyone for your advice, but I had a letter from the courts today and the hearing has been put back to the 11 November. I cannot believe that this has happened after speaking to the courts on the phone. I ffel as if the courts have favoured BC in this action. As for mercers I'm fedup of them as they persist on calling my home and mobile phone 3 to 4 times aday even after agreeing to put everything on hold until after the court hearing. I cannot understand what BC are doing. I'm taking them to court for disclosure I cannot understand why the Judge just did'nt order them to disclose, why has there have to be a court hearing, could someone explain this to me please.

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Hi Charlick,

 

In a case like yours, the judge has to consider submissions from both sides.

 

Even if BC have not asked for a delay in proceedings, the judge may have ordered a hearing on the next available session - ie in November.

 

Personally, I don't think you'll do yourself any favours in complaining about the delay here. :)

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Thanks Everyone for your advice, but I had a letter from the courts today and the hearing has been put back to the 11 November. I cannot believe that this has happened after speaking to the courts on the phone. I ffel as if the courts have favoured BC in this action. As for mercers I'm fedup of them as they persist on calling my home and mobile phone 3 to 4 times aday even after agreeing to put everything on hold until after the court hearing. I cannot understand what BC are doing. I'm taking them to court for disclosure I cannot understand why the Judge just did'nt order them to disclose, why has there have to be a court hearing, could someone explain this to me please.

 

 

Send Mercers the following letter

 

http://www.consumerforums.com/resources/templates-library/52-harassment/133-formal-notice-of-telephone-recording

 

HTH

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Ohhh, YES !!

 

;)

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  • 2 weeks later...

Hi everyone need your help on this matter again, sorry. I had a visit from Mercers today. I live in a block of secure flats which has an outside door where you have to buzz the flat number and gain entrance once the flat owner has let you in. At around 10.30am this morning there was a knock at my door my wife thought it was one of our nabours so she opened it to find a man dressed in a shirt and tie standing there. He asked to speak to me but my wife informed him I was not in so he handed her a card asking me to call Mercers today or legal action will be taken against me. The card was from a company called Power 2 contact from crewe. When my wife asked how he obtained entree to our apartment through the secure doors he ignored her and replied tell your husband to call Mercers today and left.

I have sent the doorstep letter to mercers and every other letter I could get off this site but nothing seems to work, can you please advise on what to do next.

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Have you sent a copy of the court hearing documents to Mercer. You shouldn't need to have to as Barclaycard should have told them to stop their actions.

 

I would also write a letter to Barclaycards legal team in London and give notice that you will start proceedings against them if they do not stop this harrassment. You need a CAG expert to tell you what grounds etc.

Keep a log of what is happening. Frankly if he came knocking on my door I would show him the court papers and tell him if he wants to be up on harrassment charges he'll not call again and tell his paymasters to stop this action. I would also tot up all the charges with compounded contractual interest and have a spreadsheet ready for this man if he calls again. Get his name and address and give him a copy to take away and tell him you will pursue him for these charges plus costs and damages.

I can't beleive what is happening to you Charlick.

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Thanks Rhia, neither can I. I am having no luck at all with either BC or Vanquis. 1st credit are like Mercers they will not listen to anything, all they seem to dois harras people to the brink of despare. The oft and FOS are useless as well It just seems these people are used to dealing with rubbish Gov dept and take the p--- out of them constantly. I wish either BC or Vanquis card would take me to court but neither will, I don't know what to do next our lives are currently at an all time low and nobody seems to be able to do anything about the harrassment we get from these collection angencies.

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Hi Charlick,

 

Do not worry about this caller - he came and left, because he can do no more than try and speak to you. Having made this contact, that may be the end of their attempts to call on you.

 

Read here so you're better prepared if someone calls again - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit- And ALWAYS refuse to do what they ask - ie speak to Mercers or to BC. Say No Thanks and close the door.

 

Letter to BC and/or Mercers to remind them this is now the subject of litigation so their collection attempts are a clear breach of the OFT debt Collection Guidelines.

 

I'd also make a formal complaint to the FOS, confirming the case number of the court case, reporting the action of Mercers/BC in continuing to attempt collection.

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