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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Amber -v- MBNA


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Hi Everyone

 

Not been on here for a while now, been very poorly.

 

A very strange thing happened to me this morning which left me feeling very threatened and intimidated, so much so that after 2hrs, I rang the police. However the keystone cops turned up just 5 minutes too late.

 

When I got up this morning and opened the blinds in my living room I noticed an unfamiliar car parked right outside my house with a man sat in it, with the window wound down on the passenger side (so he could have a clear view into my house), he gave me the most awful intimidating looks (and feelings I hasten to add) that I ended up closing the blinds again. Every 10mins or so, I would look out the window and still he would be sat there glaring at me. I took his registration and rang the police and reported him for hanging around suspiciously. The police turned up just 5mins after he decided to move and when he did move, he sped off like a bat out of hell, really revving the engine, like some silly boy racer.

 

Anyway, after going over the formalities with the police, they ask me do I have any financial problems because they have traced the car and the owner and all they can let me know is that he is a debt collection officer!!

Now he never knocked on the door/rang the bell/posted anything through the letterbox, so I find this quite scary. We are up to date with our DMP etc, and not defaulted on anything.

 

Any one shed any light on this? It has really scared me. Thanks x

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Hi Amber,

 

Have you had any letters threatening a doorstep call?

 

The only people that knocked my door were from Power2contact on behalf of Debitas/Capital 1. My OH answered the door but they simply left a card with a phone number for me to call.

 

Try not to worry, these people have no powers at all and don't forget they do NOT know you and you DON'T have to answer the door to them.

 

At least the police did turn up to assist, albeit late. There is a doorstep letter in the templates library which you could prepare, just in case they come back. But they may not.

 

I can't recall any MBNA threads where they have sent door step callers

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Hi

 

Sorry Dotty, I did not clarify, they may not be from MBNA at all, I just didn't know where to post this. No letters in the post, no knocks at the door, nothing posted through the door. All creditors have reluctantly agreed to the lower payments on the DMP, council tax etc all up to date. The policeman mentioned he could have been sat there drawing up a valuation on my home and car, checking out what assets I have and what they are worth.

 

It has really spooked me. I have been quiet of late because I have not heard a peep from any of my creditors at all except for the monthly statements.

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Hi

 

Sorry Dotty, I did not clarify, they may not be from MBNA at all, I just didn't know where to post this. No letters in the post, no knocks at the door, nothing posted through the door. All creditors have reluctantly agreed to the lower payments on the DMP, council tax etc all up to date. The policeman mentioned he could have been sat there drawing up a valuation on my home and car, checking out what assets I have and what they are worth.

 

It has really spooked me. I have been quiet of late because I have not heard a peep from any of my creditors at all except for the monthly statements.

Don't wprry amber. The Police were silly to say that.

 

The only people able to do that are court appointed baliffis, which would only be possible after a court case that a creditor had won, then followed by failure to stick to the court order.

 

If they come back, insist that the Police attend right away, or you will complain to the Cheif Constable.

 

Intimidation is a grave matter and the Police should view it so.

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Hi Amber,

 

Hope you are feeling little better.

 

Vint beat me to it, I thought that was a strange thing for the policeman to say and totally uncalled for!

 

Anyway Amber, he may have been viewing a neighbours !

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