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    • This is a draft of my WS   By no means final   Negatives:   doesnt follow smoothly    long winded   not much referene to cases except Beavis     I have tried to attach appendied but failed miserably, but I may not need them   The appendix are essentially:    IPC COP example of a contract between landowner and a PPC   IPC COP re entrance signages   IPC COD re sanctions on members who dont comply   JPEG of the erected signage showing that its back is to the entrance of the car park hence not in immediate view   JPEG of a receipt from 16.1.2021 ( yesterday) proving I went there and had a look at the signages     Not really sure if the appendices will make much difference en my defence   Please make any constructive comments etc..   I will have a look at the many links  FTM Dave kindly provided. I havent in detail because bene typing for the last 7 hours      Anyhow Thanks All             WS redacted-merged.pdf
    • Thanks DX 100   haha i totally  agree with your comment about the page 20    Yes I am awake and been all night w my WS   BUT can I point this very very very impt point please, which I am not sure if it has come to your attention   1. The payment machine and 6 hours and the free parking after 4.30 pm on a Saturday etc....all taken on board.   HOWEVER, and I cant stop myself laughing, this pay machine  he eludes to is based at The Market Shopping Centre Car park , after googling it is in CREWE.  It is not even relevant. They have put in a signage that is not even at the Merry Hill Centre which is in the West Midlands.    The Merry Hill Centre is the one I went to in Dudley, west midlands. All the signages , apart from the one you elude to have the intu Merry Hill logo     The one you refer to is in Crewe. I have never been to Crewe in my life lol so that signage is totally irrelevant    we can play this either way:   1. can take up your line of argument regarding the 6 hours etc. and pretned we are also using the pay machine    OR     2. totally dismiss it as being irrelevant, misleading , wasting the time of everyone by providing irrelevant info. Thats what I have argued in my WS so far. That signage does not belong to inTu Merry Hill            This is akin to someone being on annual leave from work between say 1.10 .2020 and 1.11.2020, and then finding out one of his/her collogues saying,  I saw you leaving work early last week , the 15th of October 2020.   hello !!!, I wasnt even in the country on the 15th of October 2020 !!   essentially thats what the claimant has done . The signage on page 20 doesnt even belong to the shopping centre I went to   I will log out and carry on with th WS     Thanks again       .   
    • Thank you FTMDave. As you can see from the time now I have had a nightmare getting questionnaire answered due to scanner problems, it is up there now though. I do not have proof of breakdown as the alternator was bought from a breakers yard near Chelmsford. I remember it well as they sold me the wrong one on the Saturday and I had to go back in my mechanic friends vehicle on Sunday as I had broken the original alternator getting it off.
    • 1 The date of infringement? 19/12/2019   2 Have you yet appealed to the parking company yet? [Y/N?] No. I did, unfortunately use the MyParkingCharge.co.uk portal to deny liability as the keeper and deny any contract. I mistakenly thought this was where I made a SAR. (I now see looking at the site again that it is actually. https://excel.zatappeal.com ) This was replied to as if it were an appeal.   if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]   has there been a response? yes please AS A PDFFILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]   If you haven't appealed yet - ,.........DONT ! seek advice on your topic first.   have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Yes. Issue date indicates that if "contravention" date is day 1 then NTK was issued on day 15 so arrived well before day 29. Document received was PCN/NTK in one. (see pdf)   what date is on it Issue date is 02/01/2020   Did the NTK provide photographic evidence? Yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide]   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] NO   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] Suggested appeals could be made via IAS   5 Who is the parking company? VCS   6. where exactly [Carpark name and town] did you park? Broke down on service road of Southend Airport, Southend-On-Sea   please do not put JPG Picture files into your post   .............................   For PCN's received through the post [ANPR camera capture]  (must be received within 14 days from the Incident)   please answer the following questions.   1 Date of the infringement 19/12/2019     2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 02/01/2020.   I recall noting, when it arrived on Saturday 16th Jan 2020 that this was more than 14 days from "offence" date.   [scan up BOTHSIDES as ONE PDF- follow the upload guide] please do not put JPG Picture files into your post   3 Date received 16/01/20   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y/N?] post up your appeal] Not as such. See this entry for PCN above.   Have you had a response? [Y/N?] post it up As above.   7 Who is the parking company? VCS   8. Where exactly [carpark name and town] Broke down on service road of Southend Airport, Southend-On-Sea   For either option, does it say which appeals body they operate under. Initial appeal to be via www.myparkingcharge.co.uk then via IAS   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   If you have received any other correspondence, please mention it here I have subsequently received a Demand for Payment dated 28/02/2020.  outstanding balance £160 Final Demand posted on 16/03/2020         outstanding balance £160 LBC dated 27/03/2020.                                 outstanding balance £160 with estimate of court fees £25 2nd LBC from ELMS legal dated 30/10/2020 listing estimated fees of   Principal debt £160                                                                                                                        Estimated interest £12                                                                                                   Estimated court / hearing fees £50                                                                                                          Estimated solicitors' costs £50                                                                                                                              Estimated total £272   windscreen or ANPR section to your thread and answer the questions... …….... in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY please do not put JPG Picture files into your post   NTK plus .pdf
    • Have done the email address thing. The order specifically states just the applicant ?
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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#bailiffs : Magistrate Court Fine and Marstons........ Up all night help needed


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Morning all, I have quite literally been up all night panicking about this situation after using this site to get all my other debts under control, this one is scaring the pants off me.

 

Basically my OH had an argument with a neighbour over their son hurting my little girl, got heavy, police called and hubby issued a fine. (this was in the days when we didnt pay anything:redface: and hoped things would go away).

 

Well it has well and truly come back and smacked us in the face we owe £655 and Marstons gave us 28 days to pay on 10 March so Friday was the deadline and we just dont have £655 lying about to give them. I have been sat waiting for the door to knock since 6 am and my stomach is in knots.

 

We can pay half the money on Friday (when hubby gets paid) and the other half when I get paid at the end of April. In theory this means they can have all monies due by 28 April.

 

Can someone please advise on how best to go about speaking to them and the likelyhood of them agreeing to this. I have emailed them but they advise phoning as they take forever and a day to sort their emails out.

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Well have tried phoning them, my husband has given me authorisation in writing to deal with this (that way I can be sure it gets sorted!!!) but they dont have a record of this though they responded to the email he gave me authorisation in by letter!?!

 

I am really desperate to get this sorted as Mr is away with work and as its the holidays my eldest child is home for an hour or 2 before I get in from work and in all honesty she should not have to be dealing with some goon banging on my door.

 

Please please can someone assist?

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I can't help other than let you know I've alerted the site team to this thread. There are some bailiff experts on the site who can give you the correct advice.

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Thank you that is much appreciated. We have faxed over a letter to advise that we can make payment in 2 parts the first being Friday and the remainder on 28th.

Are charges that they can issue the same if they come out regardless of what they are collecting for or can this be increased due to the charge? Want to be prepared for all eventualities!

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In all honesty I dont know why they overlooked this, only difference was that it was sent by email rather than fax. The original response was 28 days from the 10th March but due to pay days and other financial commitments (eg mortgage and council tax) we were unable to pay in that time.

 

My husband has worked so much overtime so we can cover this but I am really scared and TBH am sure that I will be awake again at 4am waiting for a knock at the door if I cant get this sorted :(

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What they won't tell you is that apparently Marstons are permitted to spread any payments out over 6 months! Obviously to get out of the way quicker would be for you a priority, as the chances are they will charge for further visits. Is the total they are demanding a lot higher than the original fine?

 

PT

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We have not yet had a visit (thank god!) but letters stating the amount owed. They do not seem to have added much in the way of charges, I will need to get paperwork out when I get home. Is there anything I can quote regarding the 6 months to spread payments over, not that I want to do that but to keep the wolves from the door until the end of the month is most definately my priority.

 

Thank you for your help, the knots in my stomach are reducing slightly but wont go until 28th when I will have paid this lot off for good!!!

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I don't believe there is anything written that you can use but believe it was part of the contract that was written up between Marstons & HMCS. If you only have letter charges to date then it is best to try and pay ASAP as visit charges could add another £200.

 

PT

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Thats what I was thinking, just tried contacting them again, I should have authority to speak to them tomorrow, if they add another £200 then the bill wont be cleared until middle of May!!! I certainly dont want this hanging over my head any longer than is necessary!

 

My hubby has written and faxed another letter advising them of our/his proposals and asked them for a response. He also sent a copy of the letter to the HMCS for good measure!

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Only speak to them by phone if you can record the call. Bailiffs do have an inherent medical problem that affects their hearing, coupled with memory loss they are very vague when it comes to remembering phone conversations.

 

PT

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I also suspect you are in imminent danger of a Bailiff visit. He will suspect you may be able to pay and if you do this before he gets to see you that is his contribution to his villa gone. In particular keep all doors and windows locked. If you have anything at all lying loose outside it must be moved NOW and if you have a car on your drive them move it at least a 10 minute walk away.

 

PT

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That is my feeling too and thanks to your help ploddertom actually feel more empowered. I am trying to have a shift around with my bills this week and get them out of the way completely when hubby gets paid on Friday, with a bit of luck this may be possible. I have resolved not to be bullied and the fines department at the magistrates courts and Marstons are well aware of my payment proposals. I have the fax transmission reports showing they have been received.

 

I will only call them from work as I have the ability to record the call there, but actually dont want to as the thought of it makes me feel quite sick. If I can make full payment when he gets paid on Friday, I will, but what happens if I make the payment first thing and we are on his list for the days calls, would he be able to add charges as we are on his list, I know it may sound silly, but I dont trust these people and want to be sure that I can tell them to stick any extra charges where the sun doesnt shine.

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Well fingers crossed no sign of anyone yet. If tomorrow can come and go without incident we are home free and will pay in full the moment mr slg gets paid on Friday!!!! The worst thing is being awake listening to every car or vehicle drive down the street.

 

I tried to speak with Marstons but all they could tell me was our correspondance was received and it would take upto 14 days to be responded to, it still concerned me and I said as such that though they have received our correspondence they were still unwilling to speak to me as though they had the letters they cant see the content!

 

I am wondering if they do show their faces tomorrow if there is a way I can put a complaint in, we have informed the courts of our proposal to clear the fine and bailiff would be aware as they are cc'd in the letter.

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My husbands wage has just cleared in our account and I was able to juggle some unsecured debts to pay this in full online. I am very concerned by this statement

"Please print and keep this page as a record of your transaction. If you supplied an email address, then further confirmation of the transaction will be sent to the email address provided.

Please note that you are not absolved of responsibility for the warrant until you receive confirmation from Marston Group Ltd via the post.

Please allow 3 working days for confirmation to be sent."

Does this mean that they can still send their goons to my home and add further charges? If they do what action should I take?

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My husbands wage has just cleared in our account and I was able to juggle some unsecured debts to pay this in full online. I am very concerned by this statement

"Please print and keep this page as a record of your transaction. If you supplied an email address, then further confirmation of the transaction will be sent to the email address provided.

Please note that you are not absolved of responsibility for the warrant until you receive confirmation from Marston Group Ltd via the post.

Please allow 3 working days for confirmation to be sent."

Does this mean that they can still send their goons to my home and add further charges? If they do what action should I take?

 

Email the court and ask them if the payment has cleared and try to get them to admit that the account is clear in a form that is printed, in case mt grumpy bailiff does turn up imho

 

I'm sure PT and the others will know more

We could do with some help from you.

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