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    • @KingsParent thank you for sharing your experience.  I also tried contacting the CEO but didn’t get very far. Do you mind sharing his contact details?  kind regards   
    • Thank you Rocky for the clarifications though they did cause a problem at first since an original windsccreen ticket was  of a different breach some time before. The current windscreen ticket only states that you were parked there for 6 minutes which is just one minute over the minimum time allowed as the Consideration period. There is no further proof that you parked there for any longer than that is there? More photographs for example? Moving on to the Notice to Keeper-it does not comply with the Protection of Freedoms Act 2012 Schedule 4. First there is no parking period mentioned on it. there is the time 20.25 stated which coincides with the W/S ticket but a parking period must have a starting and finishing time-just one time is insufficient to qualify as a parking  period as required in Section 9 [2] [a] . Are there any different photos shown on the NTK comapared to the w/s PCN? Not that that would make a difference as far as PoFA goes since the times required by PoFA should be on the NTK but at the moment Met only appear to show that you stayed there for 6 minutes. Another failure to comply with PoFA is at S9([2][e] where their wording should be "the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; ". You can see on your NTK that they misssed off the words in brackets. Met cannot therefore transfer the charge from the driver to the keeper. Only the driver is now liable. Then their is the discrepancy with the post code on the NTK  HA4 0EY which differs from the post code on the contract and the Post Office Postcode Finder which both list it as HA4 0FY. As you were not parked in HA4 0EY the breach did not occur. In the same way as if you were caught speeding in the Mall in London, yet you were charged with speeding in Pall mall London [a street nearby] you would be found not guilty since though you were speeding you were not speeding in Pall Mall. I bow to Eric's brother on his reasoning on post 12 re the electric bay abuse  That wording is not listed on their signs nor is there any mention on the contract of any electric charging points at all let alone who can park there or use them. He is quite right too that the entrance sign is merely an invitaion to treat it cannot form a contrct with motorists. Also the contract looks extremely  short no doubt there will be more when we see the full Witness statement. As it stands there is no confirmation from Standard Life [or Lift !] on the contract that Savills are able to act on their behalf. Also most contracts are signed at the end of the contract to prevent either side adding extra points. So their percentage  chance of winning their case would be somewhere between 0.01 and 0.02.    
    • @dx100uk no, haven’t received any correspondence as of yet. Still waiting on a court date but seems to be taking forever. Have noticed an increase in unhappy customers on here
    • They threatened to do this to me (as per the thread I made). Sent me some over-dramatic emails and texts counting down the days until someone would visit me (and advising I still I had a chance to "resolve it amicably" rather than deal with their agent). Not only did they never send anyone, but any underpaid monkey that did turn up would have only got a  two word response. Just a new scare tactic, even if they arrive. 
    • I'll have a good read through tomorrow evening. As dx says, anything in the public domain ... Two things.  No WS from CEL yet, right? By coincidence I had a quick look through your thread last night while half asleep.  I see there's nothing about Keeper Liability in the WS.  To avoid another half-asleep search ... did you out yourself as the driver when you appealed?
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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Tesco credit card


Passionheap
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I have a Tesco credit card and could no longer afford to pay the minimum each month. having written to and spoke to Tesco they would not allow a token payment and demanded the full amount.

 

Two weeks ago I received a letter from Triton demanding the full amount, I rang and spoke to one of their advisors and she said they could take a minimum payment of £500.00 but no less. I advised her if I could afford to repay the full amount now I would have already done so. She then advised me that she would need to refer this on for a decision on what course of action to take, debt collectors or CCJ. I have now received my appointment with CAB for all of my debts to be dealt with by one of their money advisors who will act on my behalf and deal direct with all my creditors until an affordable payment plan can be agreed. Today, Saturday 20th February 2010 I have made a further call to Triton regarding the second letter received yesterday demanding, again! the full amount. I enquired about the first phone call and asked what decision had been made and she said I would need to pay the full amount or write in with my monthly budget details ie. income and outgoings and a proposal offer of payment. I suggested £20.00 and she said that would be ok short term until they have looked at the amount of available income left over after living costs and priority payments eg. utility bills and council tax etc. Have just been reading through some of your stories this morning and I feel much happier that it's not just me having difficulties. My appoinment with CAB is my second one, the first one being in February 2009. That lead to me putting in place agreements with 5 of my creditors and the interest was frozen for six months. Now I need the help of CAB to secure lower payments that are sustainable for the forseeable future. There is hope and CAB have been wonderful and really put things in perspective, no one has ever been sent to prison for credit card debts. You can't pay what you don't have!

 

I'll write on here following my appointment with CAB and let you know the outcome and what has been agreed in a payment plan. Wish me luck!

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I wish you good luck, Passionheap. CAB will help you with the budget plan and talk to Triton and all other agencies/creditors for you. You have taken the right action and it is clear you are feeling happier about the situation. CAB can take a huge weight off your shoulders.

Incidentally, Debbbbsy is right in saying that Triton is owned by Nat West/RBS but as you can clearly see, they do act as a debt collection agency in its own right, so what I said about credit history stands.

And to anyone else (and there are many out there) who are being threatened by anyone over debts, go to CAB, build the budget and allow CAB to deal with it for you. No one goes to prison for a debt unless it is against the government. Taxes always come first. Credit Card companies are always at the bottom of the list.

Keep the faith and get CAb to re-address the balance of power.

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Many thanks Woodhatch, your comments are appreciated. I look forward to 'stress free' living. I'm also putting my house up for sale and 'downsizing' I've no mortgage as I sold my previous house when I took early retirement on ill health grounds at age 50. the profit from the sale enabled me to buy my current home.

Regards to you and all who take the time to contribute such useful advise.

 

Passionheap.

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