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    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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form MI12..Help!!


hevvanoz
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But you don't need a covering note with it. Do you have any letters relating to your MIR claim from the DWP that you could photocopy and enclose with the letter ?

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OK, don't forget to send by recorded delivery and keep a copy for yourself. If you don't already have one - you should get a ring binder (or some other file/folder) and keep in it everything to do with this case in date order, so you can easily find what you need.

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No problem, let us know what happens next. Try and relax a bit, you now know you will get lots of support here :)

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Can I just say, hang on in.

 

I was in a mess, husband of 27 years left me, my Mum died, basically my World fell apart, all I had was the house - to have lost that, would have finished me off.

I did get help with my mortgage, they lost the form the first time round, (never goes easy, does it) although I was not in arrears, but I was fighting high blood pressure, depression and heart problems caused by all the stress.

 

Sometimes you think you cannot take any more, then you find some reserve from somewhere, and live to fight another day.

I am all alone, accept my animals, they make me get up in the mornings, and I fight for them.

 

Thinking of you, as I know how lonely and scary it all can be.

 

Good Luck with it all.

 

Mary.

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Thanks for giving support Mary, sounds like you had a tough time of it but glad you stayed strong and got through it. Hope you stay around the forums, those who are in similar situations to yours would be glad of a word of support.

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Thanks for telling me that,very spookily sounds like me..my adored mam died,went off the rails big time.my partner left not long after taking the proceeds of our remortgage.Mortgage company refused to take his name off as I wasnt officially earning enough to pay it(even though I did pay it) I feel same as you did I think, not my home aswell it means so much doesnt it?..

After some years of hard jobs that I hated to be honest,started self employment.lasted 3years.working all hours,not that I minded. Made me ill,got took hospital with internal bleeding.Lost a stone in a week and now just been made bankrupt by the wonderful pub company that thought I was the best thing since sliced bread 3 years ago.Isnt it amazing,like you say,the reserves that you find? Feel like I understand how you felt because I feel the same.

best wishes to you Mary...

Heather.

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Thanks for telling me that,very spookily sounds like me..my adored mam died,went off the rails big time.my partner left not long after taking the proceeds of our remortgage.Mortgage company refused to take his name off as I wasnt officially earning enough to pay it(even though I did pay it) I feel same as you did I think, not my home aswell it means so much doesnt it?..

After some years of hard jobs that I hated to be honest,started self employment.lasted 3years.working all hours,not that I minded. Made me ill,got took hospital with internal bleeding.Lost a stone in a week and now just been made bankrupt by the wonderful pub company that thought I was the best thing since sliced bread 3 years ago.Isnt it amazing,like you say,the reserves that you find? Feel like I understand how you felt because I feel the same.

best wishes to you Mary...

Heather.

 

 

Hi Heather

 

Its the pits at times, and I have cried to much you think you cannot have any more tears left.

All I know is, you have got to hang on it, because the alternative is - not a place I ever want to go if I have any say in the matter.

When I see young layabouts outside the job centre, and they ignore all the things we are meant to do, I think 'well if you can let them get away with it', I am going to fight for what I am entitled to.

 

I tried working for myself, that did not work, so that is when I went to claim JSA.

My ex went off the rails - bi polar - which was one big learning curve.

 

A good friend (who sadly does not live near me) told me to go with my body, on the days I felt so bad, she said 'don't fight it', rest and build up your strength/energy, then come back at them, when you are feeling more confident and well. It was brilliant advise, and I try to do that, if at all possible - cause it sure does zap you mentally and physically.

 

You do get stronger, honest. You might think you are only treading water, but every little step in the right direction is a success.

When in real despair, I used to retreat to bed, mug of tea, TV on (that is something I have to have on in the bedroom) or else my mind is everywhere...I watched all the Sex in the City DVDs so many times I could recite them...

 

Hang on, cry when you want to, I still blubber, but don't let anyone grind you down.

 

My next battle is this ESA thing, scary - but I am not well, so we will go with the procedure, and see what happens.

Since posting on here, I have read loads of stuff, and will keep refreshing as I go along the path depending on what they sling at me.

 

Hang on in - you can do it.

 

Mary

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Hi there

It makes you feel less alone I think to know others(such as yourself) have and still are fighting.I always considered myself a fighter until recently! Never mind Im here still and will follow your advice..good days bad days eh? I too need the tv on to go asleep..weird but it helps.

 

best wishes to you Mary

 

Heather..

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Hello there

Its me again!..After sending the letter as advised,today I have received a further letter from the mortgage company via Optima legal servces.To say they have applied for a warrant of possession and I will shortly receive notification of an eviction date from the bailiff.They have not acknowledged the letter I sent to them stating that they have not adhered to the mortgage protocol and it seems that It was a foregone conclusion that I would be sent this letter today..Please help..

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Hi there, as your letter was only sent on 19th, it's likely that Chelsea passed the case to Optima before they got it therefore Optima will have no knowledge of it. Give it a couple of days and if they haven't replied we will start to prepare to defend the eviction warrant. You could send a copy of the letter to Optima with a covering letter (by recorded delivery) Just say " Re your letter of (Date) please find enclosed copy letter sent to Chelsea on 19th October".

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I was having to deal with a loan, and sending out letters of what was happening to me, (all recorded delivery) the loan company seemed to be ignoring them and I was still getting letters from them, saying they were going to take me to court etc etc....which when you are stressed and upset brings you down even more.

 

I was getting help from a recognised organisation, and they told me to try not to worry, as often these letters are just in the system and generated automatically as and when they think you should have made a payment or something.

 

So, I rang said company for the umpteenth time, explained, sent all my previous letters again (always keep copies, and dates) and your recorded receipt (all this works in favour for you) if you should need to explain anything.

 

Anyway, the debt was transferred over to a debt collection agency, and a token payment was agreed.

 

I know it is different with your mortgage, but what I am trying to say is, the letter you got does not mean the end.

Remember these companies are dealing with lots of people in the same boat, so letters go answered for weeks in some cases.

 

Ring them first thing on Monday, offer to email or fax them a copy of that letter.

 

Stay positive.

 

Lots of Luck

Mary

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Hello Mary

 

I know that this is probably the case but just that awful dread when you open the letters,starts the gnawing pain in my chest again and ruins the whole weekend.

I am trying to stay positive really.Sat here at home on my own,my mind runs away with itself! Its comforting to be able to chat on here and thanks again.

 

Regards..Heather.

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They time them to arrive over the weekend.........just to cause the effect you write about.

 

Its that horrible feeling of complete isolation that gets to you the most.

Like you I live alone, and I have several (long distance) friends likewise...and we all say the same, if you had someone close to share it with, (no it does not take the problem away), but it gives you an outlet rather than sitting thinking about it all by yourself.

 

Try and keep strong, and put together what you want to say on Monday.

Are you able to sleep, I was lucky the mental strain zonked me, so I could sleep through some of the long lonely worrying days.

People have NO idea do they, when they live in their nice comfy little World, what the other side of the coin is really like.

Heavens they should have to find out, because it is not pleasant, but some compassion and understanding goes a long long way.

 

Best Wishes

Mary

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That's one of the good things about these forums Mary, you are communicting with people who are (or have been) in the same situation and are able to relate to how you are feeling. No-one judges, everyone has had their troubles and with help and support from CAG, they have come through.

 

I think everyone who has this kind of worry will agree, it is so debilitating - but as the saying goes - it's good to talk, and you'll always find someone here who kows what you're going through.

 

Stay positive Hevvanoz, we'll get you through this :) Have a look through the Repossession Successes forum, http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?327-Home-Repossessions-successes that will show you that you can win !

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Thanks for all your positive comments,they really do make a difference.Not sleeping well,a good nights sleep would make me feel better.

Will keep on trying to be positive.I wouldnt wish this on anyone.

 

Best wishes

Heather

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That's one of the good things about these forums Mary, you are communicting with people who are (or have been) in the same situation and are able to relate to how you are feeling. No-one judges, everyone has had their troubles and with help and support from CAG, they have come through.

 

I think everyone who has this kind of worry will agree, it is so debilitating - but as the saying goes - it's good to talk, and you'll always find someone here who kows what you're going through.

 

Stay positive Hevvanoz, we'll get you through this :) Have a look through the Repossession Successes forum, http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?327-Home-Repossessions-successes that will show you that you can win !

 

 

It is good when we find places like this, but how sad for the people who are not able to.

 

Rooting for you Heather - you have got good support on your side.

 

Mary.

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Dont know whether I said that I already have suspended possession order from last year.After looking at the success cases on the eviction stopped forum.

Does this go against me at all?

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It won't make your case any more difficult than any other case - you should have seen that most of the successes are cases where there has been a suspended possession order then an eviction order - so the same situation as yours. Some cases have defended several eviction orders.

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Thanks,its just that I seem to remember the judge saying last time(at the end of the hearing) That If I came before the court again,he would grant a possession.

Like I was a naughty schoolgirl,not someone desperate to keep my home.

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Any payments you can make will help your case :)

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