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    • Ok! Do you still want me to work on that letter you discussed above in post #26?
    • Thank you for posting up the required details and well done for apparently not revealing the identity of the driver. I am assuming you are the keeper? The depth of ignorance of the parking companies is absolutely amazing. The Protection of Freedoms Act 2012 Schedule 4 is the law relating to private parking and allows those rogues to be able to transfer the charge from the driver [whose name they do not know] to the keeper after 28 days . This is dependent on them complying with the Act. So many of the don't and Alliance is no different. It would help if we could see what you appeal was and to post the back of the PCN as it is lacking so much of the wording necessary to make it compliant so that in your case only the driver is liable to pay the charge. And of course just entering the ANPR arrival times means that they have failed to specify the parking time which is a requirement..  Because the car park was so busy you had to drive around for quite a while before finally finding a place to park which is when the parking period may  actually begin. The poor dears at Alliance have not grasped that particular part of the legislation as yet. To be fair the Act has only been in place for 12 years so one must make allowances for their stupidity . We shouldn't really mock them- but it is fun. You weren't to know but the chances of winning an appeal against Alliance and the IPC is around 5%-and that is high for them. If they allow you to cancel they lose the chance of making money and they would have had a field day when you were there with so many people being caught overstaying because of the chaos in trying to find a parking space then trying to pay.  Your snotty letter could go something like this- Dear Cretins, Yes I mean you Alliance. After 12 years one would have thought that even you could produce a compliant PCN. Did you really think I would pay you a penny extra considering the time I wasted trying  to pay with  long queues at the parking machine, then trying to get a signal to call Just Park. On top of that you then had the cheek to ask for an additional £70 for what dubious unspecified pleasure? You must have made a killing that day charging all those motorists for overstaying because the queues to pay were do long and even walking to pay from the over flow parking fields takes time. And yes I did take photos of the non existent signs in the fields so please don't give me the usual rubbish about your signs being clearly visible. Oh yes that £70. Please tell me and the Court whether that charge included VAT and if it did, why am I being charged to pay your vat? I am sure the Judge would look carefully at that as well as the Inland Revenue. The truth is you had no reasonable cause to ask the DVLA for my data given the chaos at your car park and I believe that you therefore breached my GDPR...................... I expect others will give their views as well.          
    • opps this is going to get messy then if they don't refund. you should never keep util accounts in credit.
    • https://www.rac.co.uk/drive/news/motoring-news/new-private-parking-code-to-launch-in-the-uk-later-this-year/ The newly created gov petition 'Immediately Reintroduce Private Parking Code of Practice' is from Stanley Luckhurst, the 85-year-old old Excel Parking took to court. Excel lost the case and the pensioner's been campaigning for regulation of PPCs since this unpleasant experience. https://www.bucksfreepress.co.uk/news/24085471.gerrards-cross-pensioner-takes-nightmarish-private-parking/ I would urge anyone on this forum who supports the petition statement "We believe the private parking industry is trending toward anarchy and must be brought to order by re-launching the Government Code immediately" to sign and share it. 168 signings at 4pm today https://petition.parliament.uk/petitions/660922 If the gov new parking code is not launched before parliament dissolves (for the general election) then the legislation is at great risk of being shelved. And we'll be stuck with ATAs new joint code which does not address motorists issues such as a cap on parking charges, debt recovery or an independent appeal process.  https://www.parliament.uk/site-information/glossary/wash-up/
    • It was mostly taken from credit within the account left over from excess direct debits over the past year. 
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Hoist/? Claimform 2008 abbey credit card 'debt'


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OK, your timeline will be..

 

Date of issue 20.4.2015 + 5 days for service = 24.04.2015 + 14 days to acknowledge the claim (which you have already done) = 08.05.2015 + 14 days to submit a defence =22.05.2015

 

You can either defend the claim or, make contact with the claimant and come to an arrangement for affordable payments. If you defend and lose, you will be able to ask for time to pay at affordable payments as well. Others will advise what might be best for you.

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new CCA request time to hoist

 

 

£1PO LEAVE IT BLANK

don't sigh the letter.

 

 

credit card CPR 31:14 from the legal section of the top library tab

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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OK, your timeline will be..

 

Date of issue 20.4.2015 + 5 days for service = 24.04.2015 + 14 days to acknowledge the claim (which you have already done) = 08.05.2015 + 14 days to submit a defence =22.05.2015

 

You can either defend the claim or, make contact with the claimant and come to an arrangement for affordable payments. If you defend and lose, you will be able to ask for time to pay at affordable payments as well. Others will advise what might be best for you.

 

Just one question on this matter?. If we make contact to pay in instalments will he go to court anyway?

 

new CCA request time to hoist

 

£1PO LEAVE IT BLANK

don't sigh the letter.

 

credit card CPR 31:14 from the legal section of the top library tab

 

Ok, I will go looking for that too.

 

I've got a massive headache :-(

 

Ok found the CPR doc. I will get this prepared tonight and off to post office tomorrow. Will send the cca request too.

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in your CPR 31.14 you need to request, the agreement, default notice, notice of assignment and statement of account

 

send both the CPR31.14 and the CCA request under s78, by recorded or signed for delivery

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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cca request to claimant

 

cpr31.14 to claimants solicitors

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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you seriously need to be abiding by the advise given here now

and not go off on a tangent or negotiate anything with anyone.

 

 

or do anything without checking here first.

 

 

can we please check you have now ack'd the claim on MCOL

defend all

and you leave jurisdiction unticked.

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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Just one question on this matter?. If we make contact to pay in instalments will he go to court anyway?

 

 

WE have been advised..

 

 

most claimants, once the claim has been issued, insist that the defendant completes the N9 a and offer of payment.

..that being an admittance

then proceed for default Judgment.

 

If you defend and submit a defence you can steer them/mediate into agreeing a tomlin order.

 

so lets see how their claim progresses.

 

 

pers I'd expect them to try and trick you like before on the phone

do not compromise yourself..writing only ...put the phone down.

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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what have we got a search box for............

 

 

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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What's a Tomlin order?

 

 

A Tomlin order is a court order in the English civil justice system under which a court action is stayed, on terms which have been agreed in advance between the parties and which are included in a schedule to the order. As such, it is a form of consent order.

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well spotted that man..

 

 

claim issued 20th april 2015

late payment 27th feb 2009

 

 

urm....could it be....statute barred?

 

 

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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AFAIK its 1 month after last payment on a card.

 

 

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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AFAIK its 1 month after last payment on a card.

 

dx

 

that's interesting....!

 

just for me - what does AFAIK stand for please?

 

Does SB also take into account acknowledgment of debt

- which is what my hubby did a few months ago when the 'egit' called them to set up a payment plan,

then I spotted the direct debit appear on our joint account, which I stopped immediately!

 

Robbers Way then harassed him constantly.

 

He called them again, and they demanded he filled in and IE form,

I took control of the phone call and told them that only a judge can ask us for that information and not any DCA!

 

I don't think the person on the end of the phone liked being told a thing or two! he got a big slice of me that day!!

Edited by Feelingdownandout
typo
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As Far As I Know

 

phone contact/admittance does not count as I said when it happened.

 

now since your last payment

- what , if any, letters have you sent to them that have been signed?

I think I've kept on top you:lol:

and stopped you from doing so.

 

go check please.

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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Just been doing some reading on another thread, and a post that andyorch made...

 

in the claim form that we have received it states:

This claim is for the sum 19xx.xx in respect of monies owing pursuant to The consumer crediticon Act 1974 (CCA) under account no xxxxxxxxxxxxxx

Should the claim form read:

monies owing pursuant to an agreement number xxxxxxxxx regulated by the The Consumer Credit Act 1974

There is no mention of the agreement in the claim form.

Just an observation :-)

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Should the claim form read:

monies owing pursuant to an agreement number xxxxxxxxx regulated by the The consumer creditlink3.gif Act 1974

There is no mention of the agreement in the claim form.

no, forget about that :)

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