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    • dx, As requested:   Queries are made in red. Date of Statement: xx December 2019 Claim Number: XXXXXX Between: UK CAR Park Management Limited and XXXXXXX   1.    It is admitted that Defendant is the recorded keeper of XXXX XXX.   2.    It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. How do I check who the landowner is?   3.    If there was a contract, it is denied that the parking charge is incorporated into the contract. As per Thornton v Shoe Lane Parking [1971] 2 QB 163, the relevant term must be made known before a contract was formed. Here, the charge was not incorporated into the contract because [explain] – I assumed this means no contract was agreed?   4.    The amount is a penalty, and the penalty rule is still engaged, so can be clearly distinguished from ParkingEye v Beavis which the Judges held was 'entirely different' from most ordinary economic contract disputes for the following reasons:-   a)    The Claimant has no commercial justification b)    The Claimant did not follow the BPA Code of Practice, allowing a MINIMUM grace period of 10 minutes. c)    The Claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question d)    The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant and is therefore unconscionable. e)    The Court of Appeal for the Beavis case made a clear reference to the fact that their decision was NOT relevant to pay-per-hour type car parks.   5.    A parking ticket was purchased. However, after much difficulty. The Defendant made several attempts to initially pay for parking via telephone and the indicated telephone-based application, which were both declined by the claimant’s system of payment. The Defendant was attending a Drug and Alcohol (D&A) test based on the conditions of a new employer. The delay in obtaining a parking ticket caused significant delay. The Defendant was late to the appointment and was not permitted to leave the test until indicated by the examiner. Options made available to extend parking durations remotely did not function. Please refer to Attachment 1 – an email of complaint sent on the said day of apparent contravention (12th March 2018). My own wording. Is this ok?   6.    The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.  
    • send the new company an sar specifically asking for all the data they received from Solarplicity dx
    • I will scan up some documents, if anyone could please check over them for me and let me know if my assumptions are correct.
    • The link given in my previous  post has been updated. (ensure to have a good read and check the links given)   READ MORE HERE: https://www.gov.uk/government/news/thomas-cook-information-for-customers-employees-creditors-and-shareholders
    • Hi   With sending a Subject Access Request (SAR) make sure and ask for 'ALL DATA' this covers everything no matter what format they hold that data in whether it be telephone recordings, emails, online etc.   Also make sure and specifically ask for the data they have removed from your online account
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HFO Capital/Services/Roxburghe - OFT Minded to Revoke Licences!

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I was getting excited then... At least it's something!! I've heard from them again today apparently Letter at home so will post that up on my thread when I get in!!

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So it takes between 3 - 9 months for the OFT to come to a decision ?


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So it takes between 3 - 9 months for the OFT to come to a decision ?

 

Well, judging by the amount of damning information that we have sent they could be sorting through it for 5 years ;)

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3-9months bl**dy quick for a QUANGO:madgrin:


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Now I'm all moist

 

Too much information... or is it raining there?


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Well, judging by the amount of damning information that we have sent they could be sorting through it for 5 years ;)

 

and that pressure definitely needs to be kept up... any HFO threads CAGGERS need to be advised to complain at the slightest infringement... usually first point of contact :!:

 

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and that pressure definitely needs to be kept up...

 

Defo, defo, DEFO!!

 

May I add, someone's prolly already said it somewhere else, don't be like me and see your harse and throw away upsetting correspondence from HFO. Date-stamp it and file it away in a box file - you just never know when you might need it as evidence.

 

Also HEWGE thanks to everyone on this thread for giving us the courage to fight back xxx


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The FSA have stated they will not or cannot act in this matter and passed me on to another goverment organisation ? perhaps it is because they are already looking at them , but i have streniously made them aware and i explained that i beleive they are partially accountable if they refuse to act sooner rather than later i have also sent notification to the MINISTRY OF JUSTICE and asked them if they have been made aware of the situation concerning Alice i as yet await a reply concerning the POSSIBILITY OF UNLAWFUL CHARGING ORDERS

patrickq1

 

Did you ever get a response from the MOJ?

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i am awaiting a response i have asked for an internal reveiw by a senior manager , ime getting more and more angry concerning this , everyones has closed shop as far as Alice is concerned , and i mean everyone , i have also written to Ken Clarke and asked for his intervention and a letter on its way to others who are more influential in that department , but looking back its been 5 years and my complaints have fell on deaf ears all this time just makes you wonder what is going on here ....


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Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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So it stinks then.

 

Will look at possible FOI request from MOJ.

 

Though depends how we can word it.

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FOI requests must as I understand it

be explicit as to what should be divulged.


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Correct me if i'm wrong - I was under the impression that FOI could only be done by ministers??

 

Anyone can make a request under the freedom of information act. But there are rules and not all info will be provided under certain conditions. Just need to check out the rules for the MOJ.

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You cannot just make a vague

general inquiry you must be specific.


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you can make a request but it will be denied ,saying that if thy receive several over a short period of time it may alert them that this needs investigation

patrickq1


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Just thought I’d add a seasonal update... anyone spot the resemblance? Think there’s a bit of sickness in SW19 too?

 

 

Bingosick.jpg


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Just thought I’d add a seasonal update... anyone spot the resemblance? Think there’s a bit of sickness in SW19 too?

 

 

Bingosick.jpg

I like the one on the far left looks more intelligent than the rest!!

 

Brg.


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:lol::lol::lol::lol::lol::lol:

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So we have

 

a comedian

a childrens programme character

a vegtable

oh - and a pumpkin.

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Spot the odd one out - three of them are funny, one is a joke!!


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And a pumpkin is more intelligent imo.


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Still being investigated as afr as i am aware.

 

Have you made a complaint?

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