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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

DCA Chasing debt that already has a CCJ

thehomee

By thehomee
in Debt Collection Agencies

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thehomee

thehomee

Posted
Posted

Hi all

A few years ago I was helped on this forum when I received a County Court summons from Irwin Mitchell on behalf of Welcome Finance.

 

I agreed a figure of £110 with the courts and that sum was paid regularly until I lost my job a few months later.

 

I then contacted Irwin Mitchell, who agreed that I could reduce the payment to £10pm.

I did so, and have continued paying that amount and I am currently still paying that.

 

I received a letter today from a company called LRC, and it was a final demand for the Welcome Finance debt!

 

I called them and they said that they had taken over from Irwin Mitchell and that I now should pay them and not Irwin Mitchell,

and that Irwin Mitchell's reduced amount is no longer available.

 

Can anyone tell me where I stand on this?

 

Do I really have to pay LRC instead?

 

Can they really increase the amount back to the original amount just like that?

 

Thanks in advance for any help.

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brokebutnotbeatn

brokebutnotbeatn

Posted
Posted

2 points.

firstly to reduce the amount you should have applied to the courts for a redetermination

- you can still do this based on a change of circumstance.

 

secondly you must continue to pay the CCJ to whomever the order says you have to pay it to and that's NOT Welcome Finance.

 

So a couple of things to research on the site and no doubt others will be along with more specific advice.

 

But you may find the answers to both questions before then...

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thehomee

thehomee

Posted
  • Author
Posted

Hi, Thanks for the reply.

 

I didn't apply to the court because Irwin Mitchell were so good about it and just accepted my reduced offer without question.

 

The courts told me to pay Irwin Mitchell.

Now this new company want me to pay them.

 

I emailed Irwin Mitchell and they confirmed they are no longer dealing with Welcome's customers.

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brokebutnotbeatn

brokebutnotbeatn

Posted
Posted

If the court order is for Welcome then you have estopel as your defence but you should still apply to the courts for a retermination I believe.

 

But is the CCJ for Welcome or IM?

 

You need to make sure your payments have been coming off the amount owed too.

 

You should only be paying whomever the order says, no-one else.

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thehomee

thehomee

Posted
  • Author
Posted

OK. Well I agree with the 'don't respond to an email' , but if I keep on paying IM and they don't want the money I am not sure what will happen. I am going to write to the court, but judging by the lack of help they provided when I was first summonsed I don't expect a lot of help or advice this time!

Thanks for all your input everyone.

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dx100uk

dx100uk

Posted
Posted

interesting..........

 

 

also did you get reclaiming from welcome PPI/INS and PENALTY charges?

 

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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thehomee

thehomee

Posted
  • Author
Posted

Funny enough, yes, I got the PPI thing the other day and will be completing it at the weekend.

From what I have been reading in the last few hours it is becoming apparent that this new company have no juristiction over my ccj and would have to go to court again to enforce it, so I will ask IM for a letter to confirm I no longer have to pay them and then see what this new lot do next.

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Bazooka Boo

Bazooka Boo

Posted
Posted

You really need to get in touch with the court that awarded you your CCJ and advise them as to what is going on, the courts will take a very dim view of this, and your reducing payments, you need to comply with what the court ordered, if your circumstances have changed, which you say they have then you need to apply to the court for a redetermination, IM do not have your best interest at heart, neither does any DCA, going against the word of the court will land you in a whole lot of bother you really don't need.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Bazooka Boo

Bazooka Boo

Posted
Posted

I beginning to feel as though someone's yanking my chain?:ballchain:

 

As bbnb has already said, all of the advice has been given, you choose not to listen to it, and seem quite happy to choose your own path, which is not the way to go about it, and for that reason......................I'm out!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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