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    • Hello, Firstly, I am a few steps into this whole process so unfortunately I have missed out on the advice which states what I should have done initially. I am hoping I can still salvage my situation from this point. Facts- - I own the flat and the parking bay that comes with it. - The management company have hired a separate company (LinkParking) to manage the parking. - I have a permit for my car but my car was elsewhere which is why I couldn't give the permit to anyone else. - My girlfriend parked her car in my bay without a valid permit, instead we had a photocopy of the original permit- I realise this is where I went wrong but the original permit itself was printed on a piece of A4 paper AND when I bought the flat I was never told about requiring a permit and had issues with these guys before. Unfortunately we appealed to LinkParking with a substandard appeal (I realise this was substandard after reading through everything else on these forums). They of course denied it. We then appealed to IAS directly based on guidance from other websites, copy of the appeal is below- I was issued with a parking ticket on 20/12/2019 but I believe it was unfairly issued. I have responded to this notice and 'LinkParking' have denied my appeal and have requested I contact the IAS. I am writing to you as per Section 7.4.2 from the IPC Code of Practice and would therefore like appeal this notice on the following points The car was parked in my own car parking bay which I OWN. I was still unfairly issued with parking tickets. The lease agreement does not state that I require a permit to park in the bay as I own the property and the parking bay that comes with it as per the HM Land and Registry register. This lease has primacy of contract over any agreement the management company may have with LinkParking and therefore legally is invalid. The large sum demanded amounts to a penalty and/or is not an accurate reflection of any loss suffered so it is not a reasonable charge. The monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999. The contractual breach can have caused no financial loss whatever to LinkParking or to the land owner. Once again, the car was parked in my OWN bay and therefore did not cause damage to any third parties. The Parking Charge Notice constitutes an invoice for payment. Accordingly the invoiced charge must include an element of VAT. However, the parking charge notice does not state either a VAT registration number or an invoice reference number and so cannot constitute a lawfully valid demand for payment. Having examined the parking charge notice further I believe it is a non compliant demand for payment as the notice wrongly requires payment to be made “within” 28 days of issue which is contrary to statutory requirement that provides a period of 28 days from the date of receipt. As a sign of good faith, I had purchased a permit anyway to avoid any unnecessary hassle for both parties but have been issued a notice anyway which is unacceptable. I understand that LinkParking are appointed to monitor the car park to prevent trespassers and I agree with this but it seems it is the residents that are being 'ticketed' without good reason for parking in their own bay. I look forward to hearing from you. We have now received the following response today- The operator made their prima facie case on 27/01/2020 14:10:48. The operator reported that... The appellant was the driver The appellant was the keeper The operator is seeking keeper liability in accordance with PoFA.. A manual ticket was placed on the vehicle The ticket was issued on 29/12/2019 The charge is based in contract The Operator made the following comments... The appellant parked their vehicle on land we manage and incurred a charge as they were not displaying a valid permit. Our signs clearly advertise the terms of parking and the charges which apply if they are met. The appellant chose to display a very poor copy of one of our permits, it is a fraction of the size of a valid one. We are unsure why they chose to do this and to date we have not received an explanation. We do not have to prove any loss and invoice does not have to have a VAT number on it if the issuer is not VAT registered. Our PCNs have passed audits by the IPC and DVLA. In addition to this I have also looked through all my documentation with regards to any requirements to require displaying a permit in the contract and I can't find anything. I've owned the flat for almost 2 years now and I do not believe I was given any documentation which mentions this. I have also looked at the HM Land Registry document which doesn't state I need a permit and I believe this ties in with the Primacy of Contract (my law understanding isn't the best). I have also contacted the management company last week to request all information from them with regards to giving me copies of documentation which covers car parking, building services etc. so I have everything. What really annoys me is that I didn't cause anyone any damage AND I WAS PARKED IN MY OWN BAY!!! I really hope I haven't messed it up too much and this can be salved. Any help for a response is greatly appreciated! Thanks!
    • Yes DX, both come up as Cap 1, one a classic Card and the other a Mastercard. 
    • Now that you have the proof - I think its time to consider taking legal action against the Bank.  Remind me who made the decision at the FOS? Adjudicator or Ombudsman? 
    • I would be starting by sending Plusnet a SAR and gather all your data......one DD for two accounts...alarm bells ringing.   Andy
    • Its easier if you wait until you get the claimant's statement...then you can use this as a guide on the points they will rely on and then simply respond by refuting or agreeing or offering alternative argument.   Problem is they tend to leave it to the death and you dont have time..or they wait for yours first then counter your points.If they fail to serve a statement at all then thats a good sign that they are getting ready to discontinue the claim....   Here is an example...and I stress example ....no use to you apart from showing you the usual layout into and conclusion.   Witness statement Lob.pdf
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NoJusticeJustUs

Allocation Questionnaire received from the big C

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Hi,

 

have a case pending with a well known firm of DCA.

I lodged defence - SB and no enforceable CCA.

 

DCA have not supplied any docs either with NOC or AQ - and despite CCA request in 2005 I still have no enforceable CCA or default notice, NOA, DOA, statements of interest added etc etc.

 

I have letter ready to go asking for disclosure within 7 working days of receipt - does this sound reasonable request?

 

DCA now saying that this case not covered by Pre-Action protocols - although they are prepared to abide by the spirit of them. They have actually written this in their AQ - which I received today and which presumably has gone to the court - although the closing date for receipt is not until 29.12.09 - which perturbs me a bit.

 

They put in the AQ that they have enclosed docs with the AQ, but have not copied them to me.

 

They have also asked for a stay of 1 month and ticked yes to considering settlement, but no to mediation.

 

Is it correct that the case is not covered by pre Action protocols? I understood it that they have to abide by general protocols and procedures in any case.

 

DCA saying that 3 payments of £1.00 made to third party collections agency in the month that the debt became SB - after a gap of 6 years with no acknowledgement or payment. This is untrue. They stated this in 2 separate letters - one with 1 payment date alleged and 1 with 2 payment dates alleged. These letters are signed by different people. This is untrue and I am concerned.

 

Should I be taking this concern to the police?

 

DCA also asking for £5,000 costs on fast track case with value of £11,000 (£16,000 total value of claim) - although initial NOC says £11,000 plus interest. - OC amount was £5,000 back in 2000 - other amounts must be interest and charges. Interest was originally frozen by initial in-house collections agency (have letter to prove this).

 

Is this reasonable given that there is no legal counsel involved and the case seems to be being run by in-house litigation agents?

 

I have also drafted out my Allocation Questionnaire response and additional info including Draft order for Directions asking for disclosure within 14 days if no response to my 7 day disclosure request. My AQ additional info covers all the points in my defence and raises issues surrounding the absence of docs and non compliance with pre-Action protocols.

 

I would appreciate any comments and assistance with these questions.

 

I have spoken to the court and advised them that I want to apply for Draft Directions - been told to go ahead as Judicial Matter and will be dealt with by DJ when reads AQ.

 

Also discussed applying for Strike Out on 3 counts and been told to submit AQ and then re-contact court to proceed further if applicable rather than sending in any application or fee with the AQ.

 

I have written all this in AQ as was advised when enquired at court to put as much info in AQ as possible.

Edited by NoJusticeJustUs
Keeping it professional

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This is a complicated one! The first time I have heard of a DCA starting court action, especially for a SB debt, and also falsifying evidence. This lot seem to be out to get you. Who are they, and why. The story might help to answer some of your questions.

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Its not unusual at all for a DCA to be starting Court action-these forums are full of examples including SB's although these days they are less likely to in view of successes by CAGGERS who have challenged them and won with costs,and also regulators warnings.

From what you say,the DCA sounds reminiscant of a couple of those known to CAG I have my thoughts of one in particular.

The Court have advised you well but you need further help I know.

Why they have told you there is no pre action protocols required has me baffled have they put this in writing ?

I suspect not.

I will flag this up for site team but please be patient.

Anyone who can offer pointers meantime-feel free.

I think theres a few questions that need answering tho to fully determine the strats.

If you have concerns about falsified evidence then it should remain something that needs to be looked at and a determination made with evidence rather than stating it as known facts-so please be careful to distinguish and avoid libellous postings until that can be seen.

Edited by MARTIN3030
after thoughts

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Actually its not so clear who "C" refers to reading again is it the DCA or Court ?

It will help to know who the DCA is since dealing with the issues you face and thoughts from people on CAG can often rely on this to plan the course.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks for looking through.

I have edited my post on your advice.

I have not seen the evidence although they have stated in AQ that docs were sent to the court.

and yes thy have stated in AQ that debt cases are not subject to pre-action protocols.

Can I PM you later your box is full at the moment.

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yes sure.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I tried to reach you by the CAG LLP messenger but you didnt respond.

Ok will clear some pms to make space now.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ok have replied.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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As this appears to be a court claim at AQ stage, I have moved you to the legal forums in order to get more advice.

 

However, unless you give more detail then those wishing to help might find it difficult.


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Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Shocking.....I would also let TS know about this as well as the OFT, your MP and this chap - BBC NEWS | Politics | Find Your MP | Harrow West | Gareth Thomas

 

Just adding a useful link for you....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162456-help-statute-barred-debt.html#post1744862


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Yes consensus from the team is unanimous NJ it appears that you have got some pretty damning stuff-which need to be used to the max in achieving exposure to whats been put out by C.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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sorry to be ignorant but how do i follow my post now it's on the legal forum?

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You are here in the Legal Issues forum !! so you did find it !!


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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If you click on your user CP (at the top left hand of this thread) it should open up your page and show a list of threads you are subscribed to-you can go quickly from there if not using the main sub group menu.

You can also subscribe to email notifications-can often be handy if you are working off site to alert you to new replies.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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