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    • 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.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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hsbc sold my loan while i was in complaint with them


lewisp
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I thought there were already DCAs trying to recover this debt ......... obviously the right hand and left hand are not talking again . DOH!

 

Have a look at this link on bilious's thread ........ this might put 'em back in their cage if they start threatening court action .....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?259027-Little-old-me-V-HSBC&p=3080494&viewfull=1#post3080494

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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I'd say write back , and ask them again to produce what you require ....and then let 'em stew !

As I said before, if they're taking you to court , they've got to let you know what docs they're relying on to give you a chance to defend

 

I'd say that was the correct advice.

 

If they commnce action you can Part 18 them and they have to let you see the documents they are relying on then or you get set-aside.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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  • 1 month later...

their back again, shouldi send the same letter?

this is the one they sent me:

 

Wescot

wescot credit services ltd

po box

HU28HF

 

on behalf of metropolitan collection services

08448241154

 

FINAL NOTICE

 

Dear Mr l

 

Despite previous correspondance a balance remains outstanding on the above account. Unless you make contact with us and agree repayment of £13xxx withinthe next 14 days, collection activity will continue on the account. This may lead to wither us or our client:

 

1)instructing a door step collector to visit your property to collect payment;

2)Taking Court Action for repayment of the outstanding balance. If legal proceedings are issued and Jugment or a Decree is obtained against you, court fees and legal costs could increase the amount you owe.

 

Call now on 08448241154 to discuss payment of the debt. Details of diferent ways to pay on the back opf letter.

 

PAYMENT DUE BEFORE : 27th Sep 2010

 

thanks in advance for all your advice, more welcomed.

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  • 4 weeks later...
  • 5 months later...
Would be nice to hear of someone actually going for the jugular of a DCA by reporting and getting something done about their actions.

 

The creditors have referee it back to hsbc, I'm concerned that all these debt collecting agencies have bad credited me? Or hsbc have? Is there any way I can write to hsbc requesting they remove any bad reports they may have sent in on me?

 

Thanks in advance guys

 

Lewis

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  • 5 months later...

Hi Guys, not been on here a while, have started a new job and needed a car, whent to get a loan and couldnt, my mrs got me one in the end (so not much harm done)

 

Now ive checked my credit report and it shows this :

 

Current Account from Hsbc Plc (I) /

NameDate of Birth Terms0 @ £ 0 (Monthly)StatusDefaultedCurrent Balance£ 1,596Start Balance£ 0Credit Limit£ 0Default / Delinquent Balance£ 1,596

Default Date06/04/2010Payment History

2010i_sat.gifi_sat.gifi_sat.gifi_default.gif

 

button_needhelp.gifLoan from Hsbc Plc (I)

NameMr Lewis Date of Birth Terms0 @ £ 0 (Monthly)StatusDefaultedCurrent Balance£ 11,460Start Balance£ 0Credit Limit£ 0Default / Delinquent Balance£ 11,460 Default Date03/12/2009Payment History

This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block

2009[/url]i_sat.gifi_sat.gifi_sat.gifi_sat.gifi_2late.gifi_2late.gifi_3late.gifi_4late.gifi_5late.gifi_default.gif

 

 

 

 

 

Is there anyway I can get this ammended as I aam still in arguments with the account? I think it has ruined my chances of getting a mortgage?

 

Nothing has come to me in some time for the account except other debt collectors letters.

 

thanks

 

Lewis

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mate, your last question might get a better response in the credit reference agency section? although getting rid of a default is very difficult and it won't happen if it is an accurate reflection of your handling of the account. a default may get removed by the ICO if it is technically inaccurate or there was a technical breach by the lender eg they didnt send a default notice; or by the FOS if it is deemed unfair. To be unfair you will have to establish that the defaukt was in some way the bank's fault and not yours. try a new thread on the issue of the default on the cra section.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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