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    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
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Lowell portfolio - served me SD - HELP!!! *** WON + FULL COSTS ***


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Sorry, Khemist, I dont understand. If this debt is statute barred, then you are not committed to paying it. Even the court wont make you pay it !

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Hey all,

 

I have got laptop issues! so posting will be erratic for a bit.

Could anyone possibly tell me if the agreement posted constitutes a credit card agreement?

The debt is statute barred,however they show a payment in summer 2006, so they are saying it is not statute barred...

I am awaiting bank statements to prove otherwise.

 

What is a certificate of compliance?

 

thanks

 

khemist

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The images in your posts are too small to read. The CCA is only one sheet and question as to where the t&c's that applied.

We could do with some help from you.

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Thanks all, unclebulgaria67 I will re -post...

Back on line with some great news, I think!

 

I have checked my banks for payments made to anyone re: the enemy's suggestion..... [payment made 2006]

 

THERE ARE NO PAYMENTS TO CAPONE OR ANYONE BETWEEN OCT 2005 AND JUNE 2007 - therefore in my books this debt is categorically statute barred.....

 

Over the moon

 

khemist

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Excellent....with that in mind you can show the judge this from the OFT's guidelines....you can pretty much guarantee that Lowell would have known this, that is why they are issuing BR proceedings...

 

c. where businesses seek to recover debt that they know, or reasonably ought to know, is extinguished, we would be very likely to consider this an unfair or improper practice which calls fitness to hold a consumer credit licence into question.

 

(i) pursuing the debt under circumstances in which the debtor has heard nothing from a creditor during the relevant limitation period.58 If a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt

 

For example, stating or implying that debtors may be the subject of court action for the sum of the statute barred debt when it is known, or reasonably ought to be known, that the relevant limitation period has expired.

The person seeking to recover the debt would effectively be relying on the debtor not knowing the relevant legal provisions.

 

Now start as you mean to go on and claim your costs !!!

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Thanks all, unclebulgaria67 I will re -post...

Back on line with some great news, I think!

 

I have checked my banks for payments made to anyone re: the enemy's suggestion..... [payment made 2006]

 

THERE ARE NO PAYMENTS TO CAPONE OR ANYONE BETWEEN OCT 2005 AND JUNE 2007 - therefore in my books this debt is categorically statute barred.....

 

Over the moon

 

khemist

 

Here is the dodgy looking statement again....

And the so called CCA

khemist

 

Excellent.. I would also question the two balances as at 6/08/2002 = £ 209.25 then it jumps nearly £500 the following month to £711.45 with no payments in or out ??

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Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks CitizenB there are approximately 16 pages and all are the same i.e. figures keep changing with no in or out payment - and when there is payment the figures are not correct!

Now I know why the judge looked at it then looked at me as if to say - you need to check this.

I have received info from the court I will need some assistance with, as in certain words and directions.. will post shortly.

 

Thanks again all!

 

khemist

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Also re; statement, someone here had asked if it was from oc or lowlifes or from who?

I would say its home made, apart from the top left where I removed the account number [which is easily cut and paste] the document was left intact.

There are no references to me or my name - for all I know it could be the judges account...

 

khemist

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  • 2 weeks later...

Hi all,

 

Computers will be the death of me!

 

Still having computer issues...

I will post court papers today while machines are working.

The court says the enemy have until Wednesday to file info, and I have until may 2nd week in may to file response if directed to.

 

Thanks for your input.

 

khemist

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khemist.

 

if you need pc help to get things sorted, i can help you remotely to sort the issues

35yrs in the PC game!

 

send me a PM if so

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX, and hi how you doing?

 

your offer is truth of how kind hearted you guys and gals are, however I have a naughty virus that has done some sh.. to my machine, and I have been struggling to get the data off without a fight...

I also have 16 years experience in the computer field, [no where near as much as you - we can swap info at a later date] its just taken ages to fix, we have 6 machines in the house and all got infected at the same time, no virus program can find it, its a beast... trying not to re-format my machine which has been fine for 4 years as is, until this nonsense reared its head.

 

BUT a big thanks to you for your offer - if I need I will contact you....... Thanks so much x.... whether you are a man or woman this kiss is still valid.

 

Cheers

 

khemist

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sorry to side track.

 

if you've got AVG in ANY format uninstall it now

 

and look for hidden AVG$ folders too.

 

when you've done that

 

get rid of any [turn it off] system restore

uninstall malwarebytes/pc doctor/any other malware scanner/programs

 

then empty your recycle bin

 

go into safemode with networking and run this:

 

use the 10min countdown timer link.

 

http://www.bleepingcomputer.com/download/anti-virus/combofix

 

then goto kasparsky site

down load and run the trojan cleaning tool.

 

then put microsoft security essentials on the machine

as the ONLY anti virus/spyware program

and do a full scan.

 

you've obv infected the other pc's by penstick

 

look on EVERY penstick or portable data device for a hidden file in the ROOT called autorun.inf

delete it!

 

this goes for portable HDD's too.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Out of interest DX how would you log in remotely, team viewer, telnet, pc anywhere, vnc or other? just curious.

 

Thanks

 

khemist

Edited by khemist
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Out of interest DX how would you log in remotely, team viewer, telnet, pc anywhere, vnc or other? just curious.

 

Thanks

 

khemist

 

yep teamviewer 7 is good

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks will try that now. I am using avast, commodo, spybot, malware bytes.

 

 

remove them ALL

 

then follow my guide

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm not familiar with this process.....but go through each point listed....it looks like you'll need to send to the court and Lowells any 'written' evidence so maybe a witness statement of what you require will be sent then they have to reposnd to this and then the judge will decide without you attending....I'll look into this a bit further, it seems to be the chance for you to order disclosure of the relevant documents that you would require.

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