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    • Now I wonder, if the land is owned by the council and they can  use the RTA to enforce their rules why do they emply a bunch of banditd to manage the place? It woudl be easy to argue that the "fine" should be that set by local govt  and thus be about £30, not 390. this means Highview's demands are thus an unlawful penalty as they are higher than the prescribed tariff so they would lose a court claim on that basis regardless of the validity fo their contract with the LL and the motorist.   that means a complaint could be put to the local govt ombudsman and the council would have to behave and probably have to pay up compensation to the aggrieved motorist for the unlawfulness and distress so enfield would be around £130 a ticket down for every one challenged
    • If no Planning Permission, signs etc are illegal and no contract can exist, as it would be founded in a criminal action, signs without correct permissions to be erected.  PE have been caught out by this many times.  they are owned by Capita, same bunch that run TV Licensing for BBC
    • Yes, fill out the bit forwarded to yu by the car hire co adn take them on if you wish. you will need to be returning to Margate to get piccies of the place but in the meanwhile read up on private parking and also ahve a look at thaney councils planning portal and see if PE have permission to put their signs and cameras up in the first place
    • you need to edit that response as it was sent to a bunch of lawyers acting as debt collectors. so drop the bit about rentathreats. I would add the salutation Dear Ashley, it is no use trying to hide, we all know it is you writing this garbage.....     reason for thi is that a person well known in parking world isnt listed as having a controlling interest in the company contrary to Company Law
    • as they target commercial vehicles it isnt usually necessary to get the keeper details, they just demand money from the company that has their logo plastered on the side of the lorry. There is also different law surrounding their demands as the POFA doesnt apply and it isnt a consumer contract. You will unfortunately need to do a lot of reading up about these people as they ahve had mixed success in the courts so a bit of a lottery as to what bits of previous cases to use as being relevant.   However, the signage is on your side as ity mentions removal of vehicles, which means that unless the byelaws specifically allow it (and then the cost of removal doesnt necessarily ahve to be borne by the vehicle owner) then it is  unlawful and possibly illegal so that makes the whole contract void as it is a criminal compact   Proserve have a very complicated arrangement with the landowner and that means they have to pay the landowner for every trespass and then claim the money back form the vehicle driver/owner. in practicve they dont pay a peny in advance (can you imagine how long they would be inbusiness if they ahd to fork out hundreds of thousands a week with little prospect of recovering those advances?)   they also stop vehicles entering the docks if the company that owns it refuses to pay or has beaten them in court before despite not having any powers to do so. A vindictive, dishonest outfit.
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logbookloanhell

HPI shows Chattel Mortgage

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Hi folks,

 

Sorry to be more of a pain but more advice on the following.

 

Done an hpi check on my car which throws up a "chattel mortgage" with logbook loans but I have found that a chattel mortgage isnt valid in Scotland.

 

Here is the info and any advice going forward would be appreciated:

 

Outstanding finance

 

Recorded against

VRM

Description

x

Date

x/x/2010

Finance house

LOG BOOK LOANS LTD

Finance house telephone

0870 033 9530

Agreement reference

xxxxxxxx

Agreement type

Chattel Mortgage

This is a complicated area of lending and is sometimes referred to as a 'Bill of Sale'. A Chattel mortgage might give the finance company right of ownership over the vehicle and you would be advised to make further enquiries before purchasing.

 

 

 

Now if this is classified as a chattel mortgage,I found the following statement on IFS Financial

 

Chattel Mortgages

A chattel mortgage is a type of fixed charge taken over identifiable and moveable assets such as plant and machinery. Chattels are defined as any property other than freehold land. Chattel mortgages are normally only available if the customer is a corporate body in England and Wales (Scotland does not recognize them except for ships or aircraft).

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Hi folks,

 

Sorry to be more of a pain but more advice on the following.

 

Done an hpi check on my car which throws up a "chattel mortgage" with logbook loans but I have found that a chattel mortgage isnt valid in Scotland.

 

Here is the info and any advice going forward would be appreciated:

 

Outstanding finance

 

Recorded against

VRM

Description

x

Date

x/x/2010

Finance house

LOG BOOK LOANS LTD

Finance house telephone

0870 033 9530

Agreement reference

xxxxxxxx

Agreement type

Chattel Mortgage

This is a complicated area of lending and is sometimes referred to as a 'Bill of Sale'. A Chattel mortgage might give the finance company right of ownership over the vehicle and you would be advised to make further enquiries before purchasing.

 

 

 

Now if this is classified as a chattel mortgage,I found the following statement on IFS Financial

 

Chattel Mortgages

A chattel mortgage is a type of fixed charge taken over identifiable and moveable assets such as plant and machinery. Chattels are defined as any property other than freehold land. Chattel mortgages are normally only available if the customer is a corporate body in England and Wales (Scotland does not recognize them except for ships or aircraft).

 

 

As i said in a previous post, they are not valid in Scotland. My advise is go see a Sol, give them the info, ask him to send a letter insisiting that they drop chasing you and your car, remove the marker and any attempt to cease the car would be acted on, have a copy for your records. Ask the Sol about unjust enrichment in scots law...

 

Keep in mind that they "think" they have the law on there side.

 

Trooper68


Trooper68:)

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