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    • Movie theatres are welcoming back audiences on Friday hoping there is pent-up demand for a night out. View the full article
    • god where ever did you find all that twaddle rabbit hole stuff to go down .... no wonder you came here...we don't allow nor portray twaddle , neither lead people doen rabbit holes that then cost them money by sending PM's offering help of anything upto £360 for even a failed CCJ defence...   anyway enough of that BS. lets get you moving in the right direct , you should be ok as CEL are always losers if you do things correctly   can you fill this out please:   Received a Court Claim From A Private parking Speculative invoice?? - How To Deal With It HERE***Updated Aug 2016*** - Private Land Parking Enforcement - Consumer Action Group
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    • Where was the help for the environment, social care, renters, and to cover the future costs of Covid? View the full article
    • Hi All, I have received a parking ticket as RK (thats registered keeper right?) for overstaying by 16 mins in a well known wholesalers car park in Liverpool. I read some very confusing (and sometimes contradictory information on several sites) on how to deal with this. I followed the instructions to firstly challenge the validity of their claim. I wrote to them (no response) and emailed them. I had to guess at the email address because they provide only the registered office address or a 'claim line', which if i had contacted them on that, would have been agreeing to their idea of us having a contract in the first place (right?). i eventually got the admin email and sent it there, stating that i had already written to them with no response. I got a response saying that they do not respond to correspondence at that address and i should either write to them (already did) or contact via the appeals line or appeals email (again with the acknowledgement that its an appeal i need, rather than straight up confirmation). I asked in at the wholesalers customer/ member services in store about the car park ownership and they informed me it was a consistent problem and they didnt know the owner. I have contacted the head office in Herts for the information. (Customer services/ member services/ online services & complaints) for the information regarding ownership of carpark and the contract of agreement between them and the CE parking management with no luck. I received no further correspondence and therefore assumed that they had dropped their spurious claims. They acknowledged my letter with: "Response from representation team -  We refer to your recent correspondence. We accept for you to pay the original reduced sum of £100. The Parking Charge Notice has been passed to a debt recovery agency. All further enquiries, including payments, must be directed to them. Please follow the instruction on the correspondence you have received." I received nothing else until I receive a Northampton county court business service court claim. The amount is now in the hundreds (£274). I have acknowledged and sent back the form with nothing else written on it. now i have another week or so to mount my defence. I dont know anyone who speaks 'legalese' and frankly its giving me sleepless nights. Incidentally, at the time of the alleged 'contravention' there was a bout of sudden severe weather which was 'waited out' inside the wholesalers porch by several members and their children because the soft furnishings and electricals (for example) bought in store would have been destroyed by the downpour. Further investigation into the owner of the Civil Enforcement ltd has shown me that they are owned by CCP parking, who are in turn owned by Qa Nominees and are owned by people exposed in the Panama Papers scandal.   I am feeling like im a tiny part of a very big scam here, one that DVLA are profiting from. Under advisement, I have written a complaint to the wholesalers complaining about being treated so shoddily as a member. Under advisement, I have also written to CE ltd requesting a Subject Access Request. But I really dont understand the process or what steps to take now.
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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
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Continuous Payment Authorities - How to stop them


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The payday loan firms will say this is not possible, but it is - in accordance with Regulation 55 of The Payment Services Regulations 2009:

 

55.—(1) A payment transaction is to be regarded as having been authorised by the payer for the purposes of this Part only if the payer has given its consent to—

 

(a)the execution of the payment transaction; or .

(b)the execution of a series of payment transactions of which that payment transaction forms part. .

(2) Such consent—

 

(a)may be given before or, if agreed between the payer and its payment service provider, after the execution of the payment transaction; and .

(b)must be given in the form, and in accordance with the procedure, agreed between the payer and its payment service provider. .

(3) The payer may withdraw its consent to a payment transaction at any time before the point at which the payment order can no longer be revoked under regulation 67.

 

(4) Subject to regulation 67(3) to (5), the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised for the purposes of this Part.

 

This means that you can simply ask your bank to refuse the payments, it is also good practice to let the lender know too.

 

So, if you would like your creditor to stop trying to take a payment all you need to do, in theory, is to inform them that you remove their authority. It's probably better to do this in writing and via recorded delivery - if possible.

 

You can learn more about your rights via the following FSA guide:

 

http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf

 

And

 

http://www.fsa.gov.uk/pubs/consumer_info/know_your_rights_payments.pdf

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  • 1 year later...

and, the oft debt guide was revised recently ish to include misuse of CPA

 

'the OFT updated its debt collectionlink3.gif guidance in October 2011, and a revised version was published in November 2012 setting out the OFT's revised position on the misuse of continuous payment authority (CPA). The CPA section is at paragraph 3.9(m)'

http://www.oft.gov.uk/about-the-oft/...ebt-collection

 

nb 'Under the Payment Services Regulations, the debtor can cancel a CPA at any time up to close of business on the day prior to collection, and can do so either with the creditor or with the payment service provider. If monies are taken without informed consent, or otherwise in breach of the agreed authority, the transaction will be unauthorised and the payment service provider must refund the payment and any ancillary charges' oft guide

IMO

:-):rant:

 

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