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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Reapstar
      SAR distress claim against Parking Eye

      By Reapstar · Posted

      What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • lookinforinfo
      EPC ANPR PCN - St Nicholas Street, Weymouth DT4 8AD

      By lookinforinfo · Posted

      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.
    • dx100uk
      One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

      By dx100uk · Posted

      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.  
    • lookinforinfo
      G24 anpr PCN - Double Dipping - Wigan Robin Retail Park

      By lookinforinfo · Posted

      he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • FTMDave
      One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

      By FTMDave · Posted

      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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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Threatened with Bankruptcy Help Please

efisio

By efisio
in Debt Collection Agencies

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efisio

efisio

Posted
Posted

Hi, I have a few creditors, but one in particular who I have read a lot of posts about on here are threatening bankruptcy.

 

I am renting my house, and wondered are they likely to make someone like me with no assets bankrupt?

 

I have not spoken to them, and would like to know if they have a way of finding out that I am now renting my home, and if so will that put them off going down the bankruptcy route?

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rameses_qc

rameses_qc

Posted
Posted

Considering it would cost them upwards of £1400 to make you bankrupt, and they would get nothing back, I consider it very unlikely. Is it a DCA making these threats? If so which of the bin rummaging **** is it?

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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efisio

efisio

Posted
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Posted

As I don't want to speak to these people, I really want to know, how do they know if I own my property (which I don't), or am just a tenant (which I am)?

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efisio

efisio

Posted
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Posted

Ah, so I take it then that they look at your CRA file, see where your living and then look up the address on the LR site? That makes sense.

 

I'm also on ESA due to ill health, which is why I'm heavily in debt. I would tell them this, but am getting close to Stat. Barred, so obviously don't want to speak to them.

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Halibutt

Halibutt

Posted
Posted

Well Lowell ran away pretty shaprish when I sent the following paragraph in one of my letters:

 

"...with regards to your threat to file for a bankruptcy suit against me, as I am currently in receipt of benefits, own no property, have no savings or appreciable assets, I would like to take you up on your kind offer to cover my costs for a bankruptcy hearing. I look forward to your prompt written response..."

 

Oddly enough, they didn't bother to write back.

 

Up to you really, but bankruptcy should be a last resort. However, I do agree with the others, it's highly unlikely that they would go down that route. As usual, they're making empty threats simply in order to scare and harass, rather than making an effort to come to a mutually beneficial agreement.

 

 

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efisio

efisio

Posted
  • Author
Posted

Thanks to all.

Halibutt, I would really like to send them a letter with a similar paragraph to the one in yours. Is there any way of doing this without restarting the five year cycle?

Supposing I get a relative to send them a letter informing them of my current plight. Would that constitute contact by me and restart the cycle?

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Halibutt

Halibutt

Posted
Posted

If you're getting close to the statute barred limit and you genuinely believe that you do not owe the amount they claim or that they are not legally entitled to collect, then be very careful what you send.

 

Communication does not restart the statute barred clock unless you admit liability for the debt in writing, make an offer of repayment or make an actual payment. I wouldn't send anything yet until you get further advice. Certainly don't be too hasty with what you send.

 

However, you can be fairly sure that the threat of bankruptcy was just that - a threat, so don't lose sleep over it.

 

It depends what your reasons for non-payment in this case may be.

 

 

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efisio

efisio

Posted
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Posted

Thanks. The only reason for non payment is simply I don't have anything to pay with. I took out credit at a time when I could afford it, but things went badly wrong health wise, gave up my business, sold my house, lived off the proceeds for as long as I could, and now I have nothing.

I do owe the money, but I'll never be able to pay off what I owe. Bankruptcy would be not the end of the world, but why go bankrupt if I can get to the 6 year SB limit.

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Consumer dude

Consumer dude

Posted
Posted
Thanks. The only reason for non payment is simply I don't have anything to pay with. I took out credit at a time when I could afford it, but things went badly wrong health wise, gave up my business, sold my house, lived off the proceeds for as long as I could, and now I have nothing.

I do owe the money, but I'll never be able to pay off what I owe. Bankruptcy would be not the end of the world, but why go bankrupt if I can get to the 6 year SB limit.

 

If I were you, I would do nothing more. No one can touch you..

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Noumidia

Noumidia

Posted
Posted
If I were you, I would do nothing more. No one can touch you..

 

I had same probleme with lowell,

i ignore them for a while,but they eventually will use the SD as a tool:

1) To intimidate the debtor, so you may panic and call them back to arrange a payment

and once you start paying them,then you admit the debt to lowell.

 

2) Lowell, will hope that you ignore the SD and if you ignore the SD,

it mean that you admit the debt to them and they will come with something else probably with CCJ.

 

If Lowell issue an SD do not ignore it and you have 18 days to file Application to Set Aside a Statutory Demand which is free .

 

In most cases the judje goes against them and send back licking their wound.Good LuckNoumidia

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dx100uk

dx100uk

Posted
Posted

check your cra file

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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42man

42man

Posted
Posted

Elisio, I notice in post #10 above you mentioned '5 year cycle' it is actually after 6 years when it becomes statute barred, 5 years applies to Scotland....Lowells don't tend to care about your circumstances if you ignore their letters then they will attempt to destroy you with a bankruptcy petition......keep us posted.

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dx100uk

dx100uk

Posted
Posted

what is the debt and who is the OC

how much is involved please

 

the full story

 

no good us guessing

 

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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