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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • 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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payments not credited by dca.


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have been paying DCA for 12 over 12 months,the account was then moved to a different DCA been paying since July 2009,My problem is I paid with crossed postal orders,the post office has confirmed encashment but will not confirm any details. both DCAs will not admit to these payments and credit the account.any suggestions would be graciously received.

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have you requested documents and statements? if not , do so NOW.

Do the CCA first, then when they dont comply, you can write again stating that all payments will now stop.

Youve got to get hold of the statements, they are crucial to see if theyve lumped charges on to you

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i got the statement from the original creditor and this showed no payments for over a year had been credited from the first dca,I then got one from second dca after asking for cca . which showed no payments to them before feb this year when infact they had been sent from july 2009 to jan 2010.have written to all three but no acknowledgement at all

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OK, well stop paying them then. write to them stating that as no acknowledgement has been received, future payments will be witheld until such time you recieve a full statement of account, also that they need to provide you with evidence that they are legally allowed to collect from you

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I assume that youve been paying them without asking for the proof of debt etc? so if youre going to write, you should make a CCA request, to keep things organised.

Also send off SAR to original lender. this will show you what theyve charged . Make sure you specifically ask for the executed agreement to be supplied on the SAR.

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I knew I owed them something whenI received there letter several years ago and never questioned the ammount or charges have been paying small monthly payments since.I found this site and asked for cca,which eventually arrived and the first page seems to be right and proper but second seems a little different, the statement shows an 18 month gap in payments I sent,this was queried to oc and the two dca but none of them will accept they have had the money although the post office confirms theyved been cashed but wont confirm to who.I will SAR the oc to see if this throws anything up.

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just heard back from the post office regarding postal orders,although the postal orders were crossed and made payable to a dca,the post office will only confirm tthat they has been cashed but not by whome,so the dca can say he has not received them,the only way to get proof is if you can get the police or courts involved,so I will not be making anymore postal order payments.

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I would definitely have speaks with the Police, as it looks as though this particular DCA is trying to be a tad dishonest. As long as you have proof that these POs were cashed, it gives evidence that the DCA is stealing the paymentIn anycase I would NOT contact these thieves again; I would contact trading Standards as a minimum and tell them what's occured i.e. that they are cashing your POs and not crediting your account with the money. I'm ertain that the DCA will find that there's been a "mistake" and they will suddenly find the money

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Exactly. So the thing is to say to the new DCA that you are in the process of informing the authorities about a dispute with the previous DCA and that you do not intend to make further payments to them or anyone else until that dispute is resolved. tell them no further correspondence will be entered into, and if they persist, you will forward their letters to the authorities for inclusion in the dispute

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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