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    • Yes you can.....you appear to have a good understanding of the basic credit consumer law.....possibly impress the judge that you went it alone...plenty of Fast Track cases been fought and won by litigants here on CAG.   If you have the evidence...the argument....and the personality to convey .....go for it...think of the fees you will save not paying the barrister.
    • Hi FTMDave They initially requested £140 within 14 days. This has now gone to £182 after the initial debt collection firm took over (now back with CEL   The carpark had two options, pay-by-app and cash, we had n cash hence using the easier app. The app in the playstore has shocking reviews, im not the only one.   I wasnext going to get 'their hand' sent to me fromt he data controller, sending the following:   Dear Sir or Madam   Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )   Please supply the data about me that I am entitled to under data protection law  relating to myself. - All photos taken - all letters/emails sent and received, including any appeal correspondence earlier - A PDT machine record from 23/11/2019  of payments - A record of online payments made using the Google Playstore APP that day - all data held, all evidence they will rely on, and - a full copy of the PCN, NTK - a list of all PCNs outstanding against me and/or this VRN, and I will remind here that any claim must be for all PCNs, not several separate claims.   If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month. If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.   Yours faithfully    
    • You need to read some more and then some.......costs are restricted in Small Claims Track....have a read of the above thread...same scenario...and its getting close to a hearing now....squeaky bum time for them.
    • OK, we can help you.   A couple of questions first.  You blanked out the amount they are claiming.  Can you tell us?  I bet they have added Unicorn Food Tax to their claim.   Also, can you remember if this was pay-by-app-only car park, or if there were other payment methods?
    • ok if you don't get your from the court tomorrow there are blanks here to send   let see. no immediate rush.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

"Parking Charge Notice" fine whilst sat in car waiting to pick up friend


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HI everyone

 

I've got a parking notice from a ANPR camera on a private car park - they're asking for £90 (£75 if paid by the 25th).

 

They have a photo of my car entering and leaving with a gap of 43 minutes between.

 

I've read about the "ignore everything from PCNs" concept, but may have a case for appealing, so thought I'd run it past you before saying anything.

 

Here's what happened.

 

I went to pick up a model (I'm a photographer) from some flats where he lives

He wasn't ready - so I pulled up in the car park at the front

We went to the security guard's desk to ask about parking - he was not there

Because of the parking notice signs, I stopped in the car so if a parking attendant came, I could explain why I was waiting

When we finally left, 43 minutes had elapsed.

 

 

ALSO.... interestingly

 

That night there was a crane washing the windows - its clearly visible on both photos

It could probably obscure the camera's view of the car park

 

 

Anyway - what option would you suggest:-

 

1 - Pay £75 and avoid the £90

2 - Write an appeal based on the fact I was waiting for someone

3 - Write an appeal based on the fact that the camera was obscured by a crane

4 - Totally ignore everything and the resulting hassle from them

 

Cheers

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I would just ignore it but keep correspondence, if you go into and dialogue with this company they will pursue you for payment. It is an invoice and a speculative one at that. So ignore it keep the correspondence. so I pressed option 4 totally ignore

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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Hi and welcome to CAG

 

Option 1 NO

Option 2 waste of stamp, there is no appeal process

Option 3 see above

Option 4 YES

 

Presumably it was a free car park so as they can only really claim 'losses or damages' if they take you to court, what do you think their claim will be? They cannot recover a penalty charge by law and it wouldn't take much to convince a judge that £75 was just that.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Wow - thanks for the incredibly fast replies everyone.

 

Must admit, I've never had one of these (I've had ones from the council - but not private ones) so was wondering whether appealing was worth the effort.

 

I guess doing that would admit that I was driving and muddy the case somewhat.

 

So basically ignore absolutely everything that comes - but keep it on file - that's the best way to proceed?

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oh - its from

 

"h i g h v i e w p a r k i n g"

 

if that's relevent?

 

 

Its a residents only car park with no gate or payment

 

No.

 

Do nothing until you get a stamped County Court doc drop through your letter box. But do not hold your breath on that happening. Come back here if it does.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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