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    • Let's say you didn't pay (you did of course, but just for the sake of argument) and Smart Parking are in the right.   They need to pursue the driver of the car.  They know who the keeper of the car is from the DVLA, but that's not the same thing, lots of cars are driven by more than one person, my son often drives my car for example.  It's a big problem for them.   So they got parliament to pass a law, POFA 2012, where, if the keeper refuses to name the driver, then liability can be passed to the keeper, but only under certain conditions - such as sending out the paperwork within 14 days.  Usually they are too lazy, stupid & arrogant to do this, as in your case.   That's why dx said not to appeal, as unfortunately when appealing most motorists out themselves as the driver,    
    • no sure how much car is worth, it  is on 2010 plate , Subaru Forester XC BOXER D ,  got about £3k left on it to pay
    • Yes - it was , didn’t say what application for    how can I object if have no knowledge of what application they have done , just that ordered to be listed for hearing - seven days up yesterday according to latest post    I’m happy to have a hearing , just don’t want judgment without a hearing    I just want the opportunity to defend myself -  Money claims judge ordered a hearing - that’s fine  but local court saying , doesn’t matter it’s what our judge says - that’s what worries me    why do I have to be on speed dial to court because the claimant ignore all procedures and protocols    the application should have been served with their evidence to me 
    • I know cheers dx, i have been reading on the forum, i have read that because its over 14 days there out of time? Can any one clarify what exactly that means, thanks
    • had to remove the pix pasted directly to screen you must redact things properly  read upload carefully  use one multipage PDf only please   can you do the relevant questionnaire link in post 2 please    
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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    • Ahmed Alwaheeb's firms sold cars riddled with faults – and which sometimes had government recall notices. https://www.consumeractiongroup.co.uk/topic/427369-ahmed-alwaheebs-firms-sold-cars-riddled-with-faults-%E2%80%93-and-which-sometimes-had-government-recall-notices/&do=findComment&comment=5071860
      • 3 replies
    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 8 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies

Car was towed and I paid £395. Letter of appeal HELP PLEASE


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Hey there

 

Need help... How does this sound:

 

FORMAL COMPLAINT

 

I am writing to appeal against my recent ludicrous fine of £395.00 to get my car released from the CES compound.

 

Firstly, there is not adequate warning in the private car park that the car will be towed away if it is left there. The signs that I find actually look more like Neighbour Hood Watch signs.

Secondly, the car was presumably ticketed, then clamped before it was towed. So why was I not given warning before it was towed away?

Thirdly, the amount charged is the same figure that may be charged for a very serious offence such as drink driving. Under no circumstances would parking in a private car park, causing absolutely no obstruction, and not taking up any space (given that the car park was near empty) be considered as serious an offence as drink driving.

Fourthly, when I called the number 0844 800 4944 I was met with a very rude response from a man, who also demanded this extortionate fee off me. It then took me a long time to get to Edmonton. The instructions of where the compound was were extremely unclear and so it took me an extra half an hour of walking around a strange part of London alone which - as a young, single female - is extremely dangerous.

 

I am appealing because I am outraged and think the whole situation is disgraceful. Despite parking on private property, I didn't park in anyone's bay and I wasn't causing an obstruction. I have only VERY recently (two weeks) moved into the flats by the car park, so I was unaware of the potential threat to my car and had simply parked there briefly while I carried up heavy bags.

 

Unless I get a full refund of £395.00 within 14 days I will be taking court action.

 

My address is

 

(blah blah)

 

I look forward to receiving a cheque for £395.00 made payable to *****, before Tuesday 12th October 2010

 

________

 

Any advice is MUCH appreciated on this. I have to send the letter tomorrow (Tuesday 28th) to be within the 7 days limit

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I don't think this letter is going to get you very far. I understand your anger, but you need to do some research and find out what, if anything, they have done which can be formally challenged. This is what I think:

 

Firstly, there is not adequate warning in the private car park that the car will be towed away if it is left there. The signs that I find actually look more like Neighbour Hood Watch signs.

 

This is potentially a good line - but whether the signage is "adequate" is not something you can just take a judgement on. You need to find out what the legal requirements are, and whether the signs comply. If they do, then they are legally adequate.

 

Secondly, the car was presumably ticketed, then clamped before it was towed. So why was I not given warning before it was towed away?

 

This is just a question - they can just answer it. "It is normal practice to ticeket prior to towing". It doesn't get you anywhere unless you can assert a definite irregularity.

 

Thirdly, the amount charged is the same figure that may be charged for a very serious offence such as drink driving. Under no circumstances would parking in a private car park, causing absolutely no obstruction, and not taking up any space (given that the car park was near empty) be considered as serious an offence as drink driving.

 

Alas, comparing the scale of charges to a hypothetical fine for someting else is again not going to get you anywhere. (Justified though you are!) The question is, what are they entitled to charge, and have they overcharged you.

 

Unless I get a full refund of £395.00 within 14 days I will be taking court action.

 

They will wonder, as I do, what exactly you will be suing for. You have not identified anything illegal on which to bring a case.

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