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    • Hi dx100uk,    OK will do, I'll wait for that possible stage to come and keep this updated when I can.   I didn't buy a parking ticket.   Kal   ...       Way off topic but I love your profile pic, gonna listen now and allow Jeff Beck to send shivers down my spine in his epic WGW P3 solo ✌️    
    • Apologies, misunderstanding on my part. I was thinking of a shop called Cotswold. Please ignore me.   HB
    • 1st Draft - reviewed several statements    I was a bit unsure about adding more about the section 78, although they took a very long time the did provide the CCA - any help appreciated    In The *******County Court Claim No. ********* Between **********Claimant and *************** Defendant     I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.   1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   3. It is accepted that I have in the past had financial dealings with HBOS. That being a Credit card Agreement.   4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   6. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount.    7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 06/09/2019. I made a request for the following documents:   ·         A copy of the Default Notice ·         A copy of the Notice of assignment ·         A complete set of statements detailing exactly how the debt has accrued detailing ·         All transactions ·        Any additional charges applied since the account was terminated ·         A statement  of all payments received.   The claimant to date has failed to comply completely with my request and has not provided me with the required Default Notice.      8 .On the 13/11/19 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request.    9. A CPR 31.14 request was sent 25/11/2019 via Royal Mail signed for and shows as received 27/11/19. A Request for the following documents was made:   ·            Default Notice ·            Full statement of account     The claimant to date has failed to comply and disclose the default notice.   Conclusion   To date no Default Notice has been produced.    The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant.   Arbitration confirmed that the claimant could not produce the Default notice document    Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.   Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974.    I **********, the defendant, believe that the facts stated in the witness statement are true.     Signed…………………………. Dated……………………………
    • time for an sar first make sure you read all the posts in the sar link too.   dx  
    • its a car park at the side of a lake   simplest thing to do is ignore them until or unless you get a letter of claim.   then comeback here.   i will gather you didn't buy a ticket at all?   dx  
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Kevinlove04

If I breach the parking limit every day, how long before they give up??

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There is a retail centre car park beside where I work operated by a well known Parking Enforcement Company. I park in it just about every day.

 

Over the pasty few years I have tried to stick to their 3 hour limit, but have had about a dozen parking tickets from them, all of which I have ignored and they have gone away. You can pay a pound to park in the car park all day, but I never have.

 

Recently, I have decided to try and beat their system. Basically, I'm parking in the car park all day every day and have done for the past 2 weeks. No tickets have arrived yet.

 

My theory is that they will eventually realise that they are wasting their time and money sending me tickets and the tickets will stop altogether.

 

Has anyone else done this? Will they have the sense to stop paying the DVLA for my address? Will the tickets ever stop?

 

Also, if anyone wants to advise me to stop. Tell me why.

 

Thanks

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I suspect they will keep the original address on record.

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Surely not. They must have to obtain the registered keepers details for every single ticket. What if I sell my car to a colleague tomorrow and he sells it on the next day?

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...and its now been sold between "about a dozen" colleagues?

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I've had 3 different cars since I used this car park. Why are you even commenting? You are no help at all.

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My theory is that they will eventually realise that they are wasting their time and money sending me tickets and the tickets will stop altogether.

 

 

Another theory is that with multiple outstanding tickets they could decide it's worth their while issuing a court claim.

 

Who is the PPC?

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Another theory is that with multiple outstanding tickets they could decide it's worth their while issuing a court claim.

 

Who is the PPC?

 

There is a charge the landowner could certainly bring. A serious criminal charge in fact. PM me for details.

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Agree with the post above - also, if it is only a pound a day to park then why not simply pay to park there? Whilst we are all agreed in our opposition to unfair and unjust speculative invoicing on the part of PPCs, that is a world away from condoning anybody knowingly not paying a parking charge just to prove a point.As stated above, you could be opening up yourself to a claim. After all you are depriving the landowner of money.


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There is a charge the landowner could certainly bring. A serious criminal charge in fact. PM me for details.

 

Please do not encourage matters to be taken off-forum and into a discussion via PM. Advice given must be kept on the boards unless there is sensitive information which should not be released to a wider audience. This is necessary in order to allow the forum to determine the accuracy or otherwise of the advice being given.


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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The nub of the problem is that you are continually ignoring their regulations. Were it just a one off instance, you could always argue on the grounds that you did'nt

see/understand their signage. Once you have repeated the same exercise on many occasions the Judge would likely take a very dim view of your actions should the

parking company decide to take you to Court.

I expect that you are aware of the recent change in legislation where it is the registered keeper who will be responsible for parking on private land rather than the driver

which will make it more likely, I suspect, that Court proceedings could be taken against you. And if previous tickets are taken into consideration that could well add up

to a very hefty fine.

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The nub of the problem is that you are continually ignoring their regulations. Were it just a one off instance, you could always argue on the grounds that you did'nt

see/understand their signage. Once you have repeated the same exercise on many occasions the Judge would likely take a very dim view of your actions should the

parking company decide to take you to Court.

I expect that you are aware of the recent change in legislation where it is the registered keeper who will be responsible for parking on private land rather than the driver

which will make it more likely, I suspect, that Court proceedings could be taken against you. And if previous tickets are taken into consideration that could well add up

to a very hefty fine.

 

On what basis could they issue proceedings and where would this hefty fiine come from?

 

Personally if it was £1 a day I would pay that as it it not an exhorbitant charge

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lookinforinfo - I'm in Scotland. I believe the new leg doesn't affect us??

 

Also, if they lose £1 every day I don't pay and stay for over 3 hours, how can they reasonably claim more than that from me if they take me to court?

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Please do not encourage matters to be taken off-forum and into a discussion via PM. Advice given must be kept on the boards unless there is sensitive information which should not be released to a wider audience. This is necessary in order to allow the forum to determine the accuracy or otherwise of the advice being given.

 

Indeed and generally I would agree. However I have no desire to make suggestions on an open forum which would aid the parking companies.

 

That was the reason. But your point is well taken.

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I can't PM anyway. Too new.

 

You can PM me though.

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On what basis could they issue proceedings and where would this hefty fiine come from?

 

Personally if it was £1 a day I would pay that as it it not an exhorbitant charge

 

Well first of all the company could charge him with theft-for instance section 3 of the Theft Act-"making off without payment" that carries a maximum penalty

of 2 years and 6 months in jail. As the OP is an habitual offender the sentence would probably be higher than were it an isolated incident. There would be

no mitigating circumstances that would stand up.

In addition there could be a case possibly bought under the Fraud Act and there is still the tort of Trespass. Whatever charge is brought I can't imagine most

Judges not cracking down hard on the OP should he be found guilty since the actual payment required is so low in the first place.

 

PS I would add that the longer the OP continues, the more likely it will be that he is taken to Court rather than they just give up.

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You can pay a pound to park in the car park all day, but I never have.

 

Why aren't you paying the (very reasonable) parking fee of £1.00 per day pray tell???

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Why aren't you paying the (very reasonable) parking fee of £1.00 per day pray tell???

 

I'm in Scotland.

Obvious, really when you think about it:-)

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Because it's £1 that you have to walk through a shopping mall to an office to pay and it only allows you to park on the top floor of a dodgy multi storey car park. The bit where I actually park is right outside my office. it has a 3 hour limit and a fine if you are over 3 hours. You can't actually pay to park in that bit.

 

Anyway, I have seen the error in my ways and I don't want to tempt fate. I'll continue to try my best to adhere to the T&C's but also continue to ignore tickets on the occasions when I get them.

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Well first of all the company could charge him with theft-for instance section 3 of the Theft Act-"making off without payment" that carries a maximum penalty

of 2 years and 6 months in jail. As the OP is an habitual offender the sentence would probably be higher than were it an isolated incident. There would be

no mitigating circumstances that would stand up.

In addition there could be a case possibly bought under the Fraud Act and there is still the tort of Trespass. Whatever charge is brought I can't imagine most

Judges not cracking down hard on the OP should he be found guilty since the actual payment required is so low in the first place.

 

PS I would add that the longer the OP continues, the more likely it will be that he is taken to Court rather than they just give up.

 

I'm not buying the Theft theory. you can't actually pay to park in the bit I park (I know I said you could earlier) so I haven't left without paying.

 

The is not fraud involved and we cannot trespass in Scotland (I think).

 

Still, I've bottled it and I am giving up my quest.

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