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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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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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Bogus parking charges Excel - Moor Centre car park Brierley Hill


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I received a Parking charge of £60 from Excel for code 82- parked after expiry of time. The date of contravention was 12/03/10, and their notice was dated 26/03/10. I always use £1 for 2 hours on this car park. I know Excel have a zero tolerance policy. Their evidence is very weak, two low resolution pictures, just about make out my VRN. I’ve sent a template letter requesting proof of the driver and contravention. I received a response today, with no further evidence and the threat of £100 charge or court action.

 

I’ve now found out that there have been many bogus charges sent out from Excel for this car park. Some people have the pay & display proof , and one paid the first £60 fine under duress, never used the car park again and still received another charge.

 

My plan is to send another letter of rejection, but I’m quite prepared to collect all the evidence I can to put a case together for Watchdog or local press. I found an article in the Express & Star news paper back in May 2008 of similar activities by Excel.

 

Please contact me if you have any experiences of excel on this car park? Please let me know your thoughts?

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You're wasting your time and money communicating with them at all.

 

Do not write to them

Do not telephone them

Do not reply to any of their letters

Do not pay them

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I realise ignoring them is one approach, put I would feel more comfortable engaging them with carefully written letters. Then if they decide to take me to court then I would have acted appropriately.

In any case I'm begining to collate plenty of evidense of their bogus parking fine [problem]. Why should we allow them to get away with it?

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The ignore point of view is rubbish. THe hooked fish and you get more letters is also rubbish. Write one very comprehensive letter and include cease and desist. To ignore allows them to harass people. After your letter they have no choice but to stop or go to court. Further letters from them would kill off. HAt one pep cent chance view had me winning.

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Your approach takes time, effort and money and rarely has any effect.

 

They want you to contact them, which is one purpose of the phoney appeals procedure. Writing just demonstrates to them that you don't understand the [problem].

 

I realise ignoring them is one approach, put I would feel more comfortable engaging them with carefully written letters. Then if they decide to take me to court then I would have acted appropriately.

 

1. Your urge to contact them is precisely what their paperwork is trying to achieve, short of actual payment.

2. You have MORE chance of being taken to court if you contact them. That's how they cherry pick their victims.

3. Court looks at facts. Non-contact doesn't change the legal facts of the case.

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dangle a carrott......................

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Don't listen to this rubbish. DO it your way, and one letter only should do it. Pm me.

 

Whilst everyone on the forum is entitled to an opinion, it is somewhat offensive of you to describe the majority opinion on CAG as "rubbish".

 

Asking the OP to go "off board" and speak to you privately regarding a problem is also highly discouraged by CAG. The purpose of using the open forum is to ensure everyone's advise can be seen and commented on, for good or bad, and ultimately the OP can then make a considered judgement as to how they want to handle the situation.

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The advice here is sound and certainly in mine and many more peoples experience ignore works well.

 

Any form of contact shows you are taking them seriously and generally will mean that instead of ceasing and desisting will just encourages to send more junk mail.

 

The last bunch to chase me for an alleged infringement of their parking rules has been more persistant with several phone calls on top of the threat-o-grams all of which were ignored and inspite of being invited during several of these calls to proceed to court have failed to do so

 

How hard is it to throw their communications in the recycle bin

 

It is a [problem] and therefore the best approach is to ignore it - i.e. would you write to the perpertrators of the the 'Nigerian [problem]' that continues to be sent over the internet - no you wouldn't and it would be deleted as spam. This is the same

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If you IGNORE then in the unlikely but possible event that they press the matter into court, it is not a plus for the defendant that they ignored rather than responded in some form to reconcile the matter. To ignore completely means letters from the ppc, letters from DC's and solicitors. Followed possibly by new DC's buying the debt and renewed efforts every 6 months or so trying to clear outstanding INVOICES. This can all be either killed off with one comprehensive letter. So! How many more letters can they send simply because you reply once? Having sent that one letter to include 'cease and desist' and 'pursue through the courts' . After that letter the PPC has no real choice but to either go to court or drop the matter. Anything else is direct harassment and a police matter. No one should have to sit at home and get threatening letters. And PPC's do not deserve a single penny except the actual loss. To ignore is to invite them to carry on harassing and threatening you.

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As with much of this private parking issue, there is no black and white answer, it's all a grey area.

 

If you go down the ignore route, I'd agree that court action is less likely (0.001% instead of 0.002%). This is simply because the PPC has no idea whether you really exist, whether the reg. keeper was the driver, or indeed whether the person they're writing to is a fully qualified lawyer. So you end up with the standard chain of threatograms from the PPC, debt collectors, and dodgy "solicitors" before they give up and go away. In the (very) unlikely event that they issue a court claim and it actually gets in front of a Judge, I could envisage a situation where a Judge might say "Mr defendant, why didn't you simply reply to the claimant and dispute the charge?", and that might go against you.

 

Sending a "cease and desist, put up or shut up" type letter at the outset would possibly strengthen your defence in a court hearing, however with many PPCs this may simply trigger a standard "appeal rejected now pay up" response, and a chain of letters that goes on longer than if you ignored it.

 

The best advice is to do whichever you feel most comfortable with.

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The police wont be interested:

 

An actual or apprehended breach of section 1 may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question
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Sorry A127. But this is not a personal attack on any individual, but to just ignore does not suit many knowing they will get letter after letter, demand after demand. I believe that id you receive a request to pay an invoice, then you should address the matter with at least one letter. Full and final. If they choose to go to court and view won't, you Have evidence ofattempt to reconcile the matter. If they simply laugh off your letter and say your appeal has failed, you know you also can laugh it off as you Have done you need to do and view are embarrassing themselves.

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there are arguments for both approaches. A properly written comprehensive letter can have its advantages as per Dublindel's posts. But handling the entire process requires a full understanding of what is going on and what the true legal position is. For most people this perspective is just not there. This is what we spend most of our time explaining to people - just how bogus this industry is. Those that are not fully aware and just try to send one letter killing off the issue will probably not get that letter correct and so will be subject to the usual increased barrage of threats. A good proportion of them then likely to pay up I think. Dublindel, if its a one size fits all letter then by all means please post up the draft of it. If its not a one size fits all then I don't think its a good approach for the reasons given above.

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first off, let me say this. everything i have learned has been from you guys and it is greatly appreciated. having paid a ppc £20 in ignorance a few years ago, i got wise from the info on here. Since then i have always responded to the first letter ONLY and having sent about a dozen so far, i have not so far had any second letters or DC's chasing me. not saying my letters are the bees knees, but so far it has worked for me. my letters include various points such as - NOT THE DRIVER and not legally obliged to disclose the drivers details. - UNFAIR CONTRACT TERMS ACT section 5 (1)(2)(3). - APPEAL TO PPC NOT RECOGNISED, only court recognised. - CEASE & DESIST . etc etc. also letters to TV, Trading Standards, BPA, DVLA etc. have to stop here as visitor arrived

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look forward to the rest. I would advice against claiming not the driver if you were the driver, leave the falsehoods to the PPCs they use enough ! a different matter putting them to proof of course :)

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Hi,

 

I have received a Parking Notice from Excel Parking saying that I have contravened Code 94, however I have the parking ticket that I displayed on my dashboard as proof that I did in fact pay the correct amount required. I am being told I need to pay £60, but I disagree. I have emailed Excel Parking asking them to explain why I should pay the fine as I have proof that I did pay and display! Any advice as I really don't want this to go any further and am quite worried about getting into trouble.

 

Thanks.

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You've done enough already. It's a [problem].

 

• do not contact them

• do not pay

ignore any threatening junkmail

ignore any rubbish from powerless debt collectors and their lies about CCJs, credit and legal action

• they will give up and go away

 

Excel are well known cowboys. Keep your ticket and ignore the letters.

 

They are utterly powerless. It's a mail [problem]. They're hoping you'll cave and pay even though you don't owe them a penny and they don't have a leg to stand on.

 

Wait for your 'appeal rejected' email to arrive in the meantime!

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Going back to the begginning of this thread, and rightly or wrongly I have engaged Excel in correspondense, they have now sent me their evidense:

 

2 pictures of my car , entering & leaving the car park , indicating time, looks good image, but no driver ID

 

A spread sheet of vehicle & payments, my vehicle is indicated to have paid 50p , instaed of £1. Looks convincing to many, but could be fabricated evidense.

 

To my knowledge I've put anything but a £1 in this car park, 50p is not long enough.

 

They haven't upgraded the fine to £100, although I've exceeded that time limit, still asking for £60 by 2nd May.

 

What should I do next:

 

Assume their evidense is strong and pay.

 

Do nothing and risk going to court.

 

Continue challenging their evidense and claim only to be the keeper?

 

Advise appreciated?

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The advice is still ignore. At the most they can claim for that alleged under-payment of 50p. Anything else would be deemed an unfair penalty. They will not take you to court. From now on to not contact them again and ignore any correspondence from them.

 

By the way it's not a "fine", only the police, courts and councils can levy fines. Excel are just a private company with no more power than you or me to demand such payments.

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