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    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
    • Thanks, I am worried because on the citizenship application they ask if I received warning, I am not sure if TFL warning this the same police warning or not?? 
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Co op & CPA


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I have just phoned the Coop to cancel my continuous payment authority to Wonga. Few problems with Wonga but nothing I can't handle. The Co op have really annoyed me though.

 

First I spoke with a young bloke who told me that as cancelling CPA is a dispute? so he couldn't do it himself. He tried to put me through to another department to sort it out but apparently they were all out.

 

I was rather confused as to how a whole department could be out so I asked him to explain - he said they have actually finished for the day at 4pm. I was to call back tomorrow.

 

Tomorrow is very inconvenient for me so I said no get me someone who can do it now.

After some music Christian came on the phone. He refused to give a surname.

He started by saying that I had given Wonga permission so they had to cancel the agreement. Rubbish I told him.

He then questioned why a payment from Wonga had been received but he couldn't see it being re payed? None of your business I told him.

He lectured me on not paying debts (Wonga is my only debt) and blathered on about how the obligations I had agreed to were serious and should be kept. He told me he would 'try' to cancel the agreement but it would have to be done by the Coops policy on cancelling authorisations. He refused to explain how the Coops policy could be any different to the FSA guidelines. Then he informed me that it may not work as Wonga do not use continuous payment authorities.

He couldn't tell me what the name of the transaction used by Wonga was though, just mumbled about unpaid debt as if it was his money.

 

This all took nearly 20 minutes of conversation and I am feeling very cross and extremely patronised by this man. When I calm down I will write to the co op and complain. First I would like confirmation that Wonga do indeed use CPA's to collect and that I am right in that my finance situation with Wonga is no business of the Coops?

I kinda know I'm right but could do with reassurance.

 

Bit ranty this post. Its a long time since I have been so annoyed & upset by a banker. : )

Thanks for reading.

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  • 2 weeks later...

Got a letter from the Co op today. They have not cancelled the CPA from Wonga. Instead they " will monitor my account for further debits. and if the merchant claims further payments against my card they will claim a refund for me via a charge back"

 

Why not just cancel it? Or is the reason that I will then have to prove that I did not owe Wonga the money? I have agreed to pay Wonga at the end of Sept = but only the amount we initially agreed on - not with all the extra interest that Wonga have suddenly decided to add on.

 

Surely I am entitled to cancel the CPR? My student loan goes into the Co op and I have a vision of Wonga now just taking it all. Anybody who as dealt with SL knows that changing my bank account now will hold up my money for weeks.

Should I now change my bank account with SL?

Write back to the Co op and demand that they cancel the agreement?

Complain to the FOS?

Or all of the above

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Hello and Welcome,

 

There's a thread on the subject here.......................might give you some pointers...........

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority

 

Also a news summary here............

 

http://www.bbc.co.uk/news/uk-19598492

 

Regards.

 

Scott.

 
 

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