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    • you've not dobbed yourself in as the driver so IMHO go radio silent now.   i have removed the link and external appeal letter text.   next even if outside of scotland do not ever appeal   DX    
    • So you decided to sell your estate car (which was perfectly suited to your personal/domestic circumstances) and replaced it with first a van and then a 4x4 to allow you to use your own vehicle for work?   Why did you never tell them to supply a works vehicle?  Why did you never tell them that it would no longer be possible for you to carry out your duties if they did not supply a suitable works vehicle?  If you work for a local authority I can't believe that they would not have supplied a vehicle if you'd just asked for one.  That's what you should have done before buying a van!   As others have said, I can't see that you are entitled to any legal remedy for a decision you made yourself.  But as someone else has said, nothing to stop you asking...
    • As dx says, being in Scotland gives you a great advantage.   When you wrote you'd appealed I feared you'd thrown that advantage away, as generally in an appeal motorists out themselves as the driver - but you didn't!   How did you pay for the items you bought?
    • Hi thanks a lot for answering! Here are my answers:   It is a PCN's received through the post [ANPR camera capture] (must be received within 14 days from the Incident)   1 Date of the infringement 12/09/2021   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 17/09/2021   3 Date received 24/09/2021   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Yes   5 Is there any photographic evidence of the event? There is a photo of my registration plate on entry and exit.   6 Have you appealed? [Y/N?] post up your appeal] Yes. I used a template shared on this page:      ction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharinuthority to disclose or refer this letter or any other   communication from me to any other person or organisation.   Have you had a response? [Y/N?] post it up Yes:   Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons: The car park is operated by Automatic Number Plate Recognition (ANPR) – cameras capture an image of vehicles entering and leaving the car park and calculate their length of stay. Parking at the above site is limited to 15 minutes. On entry to private land it is the responsibility of the driver to check for signage and ensure that your vehicle has been correctly parked. Your vehicle was parked longer than 15 minutes, therefore the notice was issued correctly and remains payable. vehicles found not adhering to the signage will be issued with a parking charge notice (PCN). Please be advised that there are a number of signs around the car park indicating the restrictions of the site and it is the responsibility of the driver to read them when parking. With regards to the reference to “Pre-Estimate of Loss/breach of consumer contracts 1999.” Please be advised that the Supreme Court has made judgement (04/11/15) that clearly sets out the issue of parking charge notices on private land (law of contract applies) and in particular pre-estimate of loss. The parking charge notice is enforceable on the basis that it protected a legitimate interest when the driver failed to adhere to the terms and conditions and was not extravagant, exorbitant nor unconscionable. The parking charge is not an unenforceable penalty and does not breach the Unfair Terms in Consumer Contracts Regulations 1999. Please make payment of £100.00 by visiting our website at www.eurocarparks.com or use the automated telephone service 0203 553 4559. Alternatively make your cheque payable to Euro Car Parks Limited (to include a £2.50 handling charge for cheque processing) and post to Euro Car Parks Ltd, 30 Dorset Square, London, NW1 6QJ, quoting the PCN number on the reverse of the cheque. This amount is now due and the charge will be held for 14 days to allow time to make the payment. If payment is not received within this time further charges will apply. You have now reached the end of our internal appeals procedure.   You can make an appeal to the Independent Appeals Service, POPLA (Parking on Private Land Appeals) using the unique POPLA Reference code provided above. Please note, should you decide to appeal to POPLA, or if you appeal to POPLA and your appeal is subsequently rejected, the option to pay a discounted amount will NO longer be available and the FULL AMOUNT of the PCN will become due.   Please note - if the ticket was issued in SCOTLAND and or NORTHERN IRELAND, ONLY “THE DRIVER” can appeal to POPLA. If you/the driver decides to appeal to POPLA, you will need to visit the website, www.popla.co.uk, where further details of how to appeal (either online or by downloading the relevant forms) can be found.   If the driver is unable to access the website, please call us for further information on how to obtain the forms. Please ensure that the POPLA Reference Number as noted above is quoted on all correspondence to POPLA. The driver has 28 days from the date of this letter to submit an appeal to POPLA. If the driver appeals to POPLA, we will suspend recovery activity on the PCN.   Appeals may NOT be accepted if payment is made against the Parking Charge Notice, including any appeals logged via POPLA, if applicable.   If you choose to do nothing, we will seek to recover the monies owed to us via debt recovery procedures and may proceed with Court action against you.   By law we are also required to inform you that the Ombudsman Services (www.ombudsmanservices.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution services. As such should you wish to appeal then you must do so to POPLA, as explained above.   Yours sincerely   7 Who is the parking company? Euro car parks (ECP)   8. Where exactly [carpark name and town] MFG - BP Petrol Station Glasgow   For either option, does it say which appeals body they operate under. BPA     I attached a copy of the first letter received and a photo of the "final notification letter" I just received. NTK Mr PCE_compressed.pdf
    • you are in scotland totally ignore them   no tort of trespass no POFA 2012    
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Barclaycard/CapQuest threat-o-grams


Ros1609
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Hmmm it would seem MKDP have put a default date on the Barclaycard of March 2014. Looking at my credit file I can see the last green square was October 2010 but fairly sure the card was paid off a bit before that. Barclaycard defaulted the card in early 2011.

 

So if I end up running the statute barred clock which date am I going from? Default or date of last payment? And if its default which default? Barclaycard or MKDP?

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I suspect they have just updted the debt

 

they CANNOT change the OC's org default date.

 

whatever else they put mark say makes not diff

 

...........

 

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

the WHOLE ACCOUNT WILL VANISH, never to return.

.

however, this does not mean the debt itself is not still owed

consider a CCA request.

.

This is so that someone who continues paying something even after 6 years from default should not be at a disadvantage to someone who pays nothing after default and ends up with a clean file after 6 years.

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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  • 1 month later...

Got the contents of my SAR today. Massive pile of paperwork to go through later. Had a quick flick through the statements tho and currently it looks like I'm right - the balance is made up of unwanted PPI and charges. Thing is how do I go about proving I didn't want PPI on the card in the first place etc?

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dunno did you ask for it

 

is the box on the agreement pre ticked.

 

phonecall you never made?

 

you can ofc ourse now start filing in the PENALTY fees spreadsheet use 24.9%

 

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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Hi Ros,

 

Did you normally ask for PPI or agree for it to be added. If not, then that's the first part of your argument.

 

Check in the papers for the credit agreement or mention if PPI was selected or ticked.

 

Then, as DX says, get to work listing all the penalty charges.

 

:-)

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  • 1 year later...

Ok, firstly I admit I did nothing about the PPI/penalty charges. Life has been pretty hectic in the last 12 months (both kids diagnosed with Autism etc) and this got pushed to the back of my mind. I had a few statements from MKDP but no more contact about paying the balance. Last week I got a letter from HOIST/Robinson Way saying it has now been passed to them and I need to call them etc. Am not going to call, in all honesty I chucked the letter in the bin!

 

Niggling thought. Are Robinson Way/Hoist the type to make doorstep visits? Also I'm pretty sure I made the last payment to this card in January/February 2009. It was before my son was born and he turned 6 last August. Would that make this statute barred? If so is it up to me to write to them to tell them?

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Hi Ros,

 

If you look around the Barclays/BC forums, you'll see quite a few other case where Hoist and Robinson Way have become involved with accounts.

 

If you think the last payment was Jan/Feb 2009, then the debt may already be SB's.

 

You don't HAVE to write to tell them it's SB'd but, if you are certain about the dates you can use the SB letter from our Library.

 

:-)

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Yes they must have been 'sold' in batches as quite a few got passed to MKDP around the same time mine did. Will have a look through a bit later. I'm about 90% certain on the dates but its just occurred to me I remember where I put the SAR information so will have a look through and see if I can find statements before sending a letter

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Even if they make a visit

Tell them to leave your property else call the police

 

A dca is not a bailiff

And have no such legal powers

 

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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Share on other sites

Even if they make a visit

Tell them to leave your property else call the police

 

A dca is not a bailiff

And have no such legal powers

 

Dx

 

I know that. If they tried to visit they'd soon be told where they can shove it!

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  • 4 weeks later...

Hi Ros,

 

Did you find the statements you mentioned in post #133 to clarify the last payment date ?

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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I did but I can't remember the date. I will have another look after the school run, I know where they are

 

Edited to say I'm fairly sure (as in 99.9% sure) that I made the last payment in January/February 2009. I was pregnant with my son and me and my ex husband had borrowed a lump sum off my dad to pay off our card debt before I went onto SMP

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