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    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
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    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
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Wescot, Pillips & Cohen Associates Disgusting Behaviour


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I would appreciate some help in a matter.

I have been helping a friend since he lost his common law partner.

His partner was being harassed by Wescot for just over £500.00 credit card debt.

Following the passing of his partner Wescot asked twice for copies of the death certificate. This was sent twice.

Wescot then wrote asking for details of the executor or next of kin. My friend was neither and did not reply.

My friend is obviously very upset about all this and now has received the following letter from Phillips & Cohen Associates.

To the Executor of the Estate of the Late XXXXXXXXXX

Further to our previous correspondence, we note you have been unable to respond to our previous request for information. At the time of the unfortunate passing of XXXXXXXXX, the amount of £xxx.xx was owing to Wescot.

Please understand that our intention is not to cause you any additional anxiety or distress. In order to bring this matter to a close we would like to make the following options available to the Estate of the Late XXXXXXXXX.

1. Send a payment of £xxx.xx. We will then close the account as settled in full and no further action will be required.

2. Send a partial payment of £xxx.xx of the balance along with your proposal for a payment plan thereafter.

3. 3 Call our office to discuss a proposal.

To discuss these options please contact our office by telephone on FREEPHONE 0800 030 4101 quoting FILE NUMBER xxxxxxxx as soon as possible.

We can assure you that a specialised staff member will be here to assist you with your call and with any questions you may have in relation to this matter.

Yours faithfully,

I have given my friend a letter to post instructing all future correspondence in this matter to be addressed to me as this is upsetting him.

For the avoidance of doubt the deceased had no estate, no money and no saleable positions.

I think this is disgusting behaviour by Wescot and would appreciate some sound advice and a possable letter to send to Phillip Cohen.

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Hi Rev - this is terrible and seems to be happening a lot now. Have a look at this Fact Sheet. Your friend is not liable and needs to tell these **** that they are not, there is no estate and to whistle. http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=21_what_to_do_about_debt_when_someone_dies#chapter6 Also a strong letter of complaint to OFT http://www.oft.gov.uk/contactus

Please support CAG and they will support you.

donate

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Phillips and Cohen are well known for this unsavoury and questionable behaviour. Their letter is carefully worded - although it says that the 'options' relate to the estate, it quite clearly seeks to mislead the recipient into thinking that they should send payment.

 

I'd just send them a short letter:

 

Dear Sirs

 

Re: The late xxxxxx

 

Further to your letter dated (xxxx), I can confirm that N (the person to whom their letter was addressed), is neither the next of kin nor executor of the late xxxxx's estate.

 

Your letter has caused great distress to N. Any further contact from you will be construed as harassment and reported to the appropriate authorities.

 

No further correspondence will be entered into.

 

Yours etc.

 

 

 

I wouldn't even have supplied a DCA with a copy death certificate. When I was helping the executor of an uncle's estate, I found that various companies demanded 'proper' copies rather than photocopies, which aren't cheap, so I ended up telling them that they could have one either on payment of the fee and my expenses, or they could get one themselves from the Registrar upon payment of the statutory fee. None argued.

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If they write to you Rev, then tell them in not so many words to go play at the bottom of the Atlantic....absolutely unbelievable I wouldn't stop complaining until the media had got hold of this, seems they never learn from their mistakes do they?

 

Derbyshire South MP Mark Todd said: "We need to examine the regulation of debt collection agencies who sell debt around like a commodity.

"This allows the link to the original circumstances of the debt to become removed.

"The commodities are human beings and no one thinks of the implications of this."

http://www.dailymail.co.uk/news/article-484772/Grandmother-terrorised-death-bank-wrongly-hounded-16-000.html

 

 

I'd be making them very much aware that they are going to be reported for their continuance to act in an unsavoury manner, MP, BBC, OFT&TS, FOS, Press.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 1 year later...

Yet another letter today from Pillips & Cohen Associates. This time addressed to the Executor of the late Mr XXXXX XXXXXX.

Our Client, Cabot, has instructed Phillips & Cohen Associates (UK) Ltd to deal with the above account.

Cabot has previously received notification that Mr. xxxxx xxxxxxx has sadly passed away. On behalf of our client and ourselves, please accept our sincere condolences. We understand that this is a very difficult period for you, and our intention is to assist you at this time.

Phillips & Cohen Associates (UK) Ltd are probate specialists. Our goals are twofold; firstly we need to discuss the above listed balance owed to our client, Cabot. Secondly we would like to explain the probate proses and answer any questions you may have.

At the time of the unfortunate passing of Mr xxxxxx xxxxxxx the amount of £x,xxx.xx was owing.

It is very important that someone contact us to provide information regarding whether an estate exists for Mr xxxxx xxxxxxx by calling FREEOHONE 0800 030 4101 at your earliest convenience.

We assure you that a specialist staff member will be available to help you resolve this matter during the operating hours listed below.

We thank you for your assistance, as we understand that this is a busy and difficult time for everyone involved.

All future correspondence and calls should be directed to Phillips & Cohen Associates.

Yous faithfully,

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Phillips & Cohen Associates (UK) Ltd

Building 5, Floor 9

Exchange Quay

Manchester, M5 3EF

 

 

 

.Dear Sirs,

 

Your file number: xxxxxxxxxxx

 

In reply to your letter dated 18th January 2013.

 

You have wrongly assumed that an estate was left by Mr xxxxxxx xxxxxx and that an executor was appointed to manage the aforementioned non-existent estate.

 

Mr xxxxxx did not leave sufficient funds to cover the cost of his funeral and you and your clients have already been fully informed of the circumstances.

 

I am in possession of a pair of wellington boots that once belonged to Mr xxxxxxx and would happily forward them to you on receipt of a stamped addressed box.

 

I have previously informed you in writing that any future contact regarding Mr xxxxxxxxx would be considered harassment and you may now expect a visit from your local police regarding the matter. In addition I require a copy of your complaints procedure.

 

I do not intend to enter into any further correspondence with you or your clients regarding Mr xxxxxx’s affairs.

 

Please inform your client that they are ultimately responsible for the parasitic actions of their appointed representatives and that their consumer credit licenses will be called into question should an apology not be received from them within 14 days of the date of this letter.

 

I do hope that I have made the position abundantly clear to you.

 

Yours faithfully,

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Dear oh dear, a definite case for seeking damages methinks?

 

Report them in the first instance to the SRA http://www.sra.org.uk/consumers/problems/report-solicitor.page

 

Then the OFT&TS, and ignore them, surely they are way out of time to claim anything off the estate.??

 

Very good! Just read your reply, excellent.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 7 months later...

It would appear that they are still at it. Both Westcot and Phillips and Cohen, but let's not forget that I believe that this was originated by RBS...

 

We received a letter dated six weeks after my mum died, looking very formal, but in essence just sent to Mum's address. Can I ask for further clarification as I look forward to the diversion of having it out with them...

 

Although Dad survives, the loan, about which I (and Dad) are unaware of the details of, seems to have been in her sole name. She, like others have written before, left a funeral plan which just about covered the costs of the funeral. Just.

 

Where do we go from here? Dad is upset and just wants to get rid of the reminders addressed to my mum, whereas I am reluctant to take on a debt I simply can't afford. Contemporary guidance would be most useful?

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Hi Tablespider

All I did when my wife died was to first call then put in writing. I explained that she had no assets (normal personal possessions do not count). They then closed the accounts . As we were separated I gave them my details and the wrote to me confirming the write off of the debt

Any opinion I give is from personal experience .

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Wow... we've moved forward apace...

 

It appears (and I so hope that this is real) that RBS have taken the debt back from the aforementioned and when I called them this afternoon, have advised me that as it was personal in her name, as long as I write advising of no estate, then the debt is closed, quote "you're not liable".

 

Much as I hate the thought of my Mum having been worried about the debt until she died, I'm glad that hopefully my Dad won't be plagued by what can only described as charlatans in the past. If I had a mortgage, I'd be reluctant to put it on this being the last we shall hear though...

 

Thanks for the comments...

 

Liam

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Had the same problem with these muppetts when my late father passed on, they even wrote and told me he had a property call XXXXXXXXXXXXXXXXXX house, which in fact was the Nursing home he spent is last few weeks in with his nasty Brain tumor, and if they properly checked they would see he was a council tennant all his life. I knew nothing of the debts he had and the insurance just covered the funeral and what was left over went to his Grand Children £100 each, it was over a year after is death that I was contacted. They had it back big time. Tell em to jog on, in more stronger words as I used.

[sIGPIC][/sIGPIC]Happyhippy1959

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