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    • a) Debit transfer into his personal account  b) i - yes     ii - yes   iii - initially quoted £25,000 - £30,000 for the whole job.  This escalated to nearly £44,000.  Would ask for money in stages for materials and labour. c) Runs a Ltd company with his wife d) Assets include van, own digger, dumper and cement mixer but kept in unknown location    Solicitor advised not to throw good money after bad as he could just shut down company.  
    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
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Advice on capquest Statutory Demand for Bankruptcy


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ok. technically, it is 18 days from receipt (do you have the envelope, was it first class?). but to be safe, you should act in the next couple of days?

yes, proof of service would be required (as set out in the above link) if they want to proceed after 21 days where there is no set aside application and the demand is not settled.

imo

Edited by Ford
typo

IMO

:-):rant:

 

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I think to be safe you should dispute on more gorunds than just 'account number not known' they may try and hoodwink you by sending something to you and the court a week before the hearing. If they failed to provide an agreement then you should use that, faliure to provide any kind of assignment, default notice in the prescribed format, statements for the duration of the account, potentially missold PPI on the account, excessive charges etc.

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Hi

As you haven't mentioned the DCA concerned, if it is Capquest, could you have a look at this thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306742-Capquest-and-Statutory-Demands

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Hi

Can I direct you to this thread as it needs a bit of input

http://www.consumeractiongroup.co.uk/forum/showthread.php?306742-Capquest-and-Statutory-Demands

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I would suggest that a complaint to the department of Justice re the use of SD's as an inappropriate means of debt

collection, so many DCA's have latched on to this idea it now needs to brought to the attention of the Government Department

concerned.

Also the attention of HM Court Service management should be made aware.

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All costs for time/loss of earnings etc.

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Hi

 

Thanks for all the info and advice.

 

A date has come through for the setaside hearing.

 

Do i now send a letter to the court with a copy to the DCA detailing expenses that I would like to claim?

 

Thanks

 

interweb

 

P.S The alleged debt is just over £1k and I am about 100 miles from DCA offices. Is there any chance at all that they would attend the hearing, bearing in mind that my total debts make their alleged debt look like a drop in the ocean and i have no assets.

Edited by interweb
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  • 2 weeks later...

Hi

 

I sent a schedule of costs to the court last week with a copy to the DCA.

 

Received a letter from the DCA, saying they are willing to not oppose the standaside as the proper place to discuss disputes is the County Court, (REALLY!) and wanting proof of my set aside expenses to date.

 

I rang them up and we came to some arrangement over costs they would pay me. I then wrote to the court stating that the hearing was not necessary any more and the DCA would also be writing to confirm.

 

So what happens now?? do they start all the games and harassment over again?

 

Thanks

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If you haven't got that agreement in writing, you had better contact them again - in writing. I wouldn't believe anything that is said on the phone

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The court will want a fee of about £40 to cancel the hearing, make sure that Capquest pay this. The court will also want a consent order signed by both parties.

I suggest that you phone the court on Monday to clarify this.

 

Martin g

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I would still go to the court 'just in case', its a common ploy to say one thing on the phone and something else in a courtroom...

 

If they DO turn up at court have all your evidence up to date, if they DON'T turn up and the hearing is still listed COMPLAIN to the court manager about the abuse of process by the DCA.

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