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    • Received initial reply to CCA requests from Lowell in relation to the Cap One £4k and Argos Card.  Both are identical with exception of account information.   Do I now get my partner to stop the payment arrangement? 20201202-CCA Reply CAG.pdf
    • I’ve just got the same letter today with a £25 cheque. Apparently the quality of service I received did not meet standards 🤷‍♀️ I’ve not had a HSBC bank for over 20 years!
    • For a number of years a girl has been evading rail fares and giving my name and address also my daughter’s name and address and my husband’s name and address changing his name from Eric to Erica. We have contacted the police before who said there Was nothing they could do. This has happened about eight times with different rail companies each time it involves making a number of calls sometimes having to reason with debt collection agency.  When letters started arriving again with my surname wrongly spelt I returned them with not known at this address. However I then received a letter from the Bailiff with my correct spelling of the name and now also correct date of birth (previously they had the wrong date of birth) and i now know that this has gone to a court and I was found guilty even though it was not me who made the train journey. I have had to apply to the court for the case to be reopened, and I can prove that at the time I was at the opposite end of the country. The date of birth given by the offender was 25 years younger than mine so she’s obviously a younger girl. However I am worried that this will affect my DBS. I work as a carer on minimum wage and cannot afford to lose my job. Apart from which the stress and anxiety this causes every time is immense. I often have to make phone calls using higher than normal cost  0300 numbers to try to resolve this.  Surely the train company Arriva north should have some responsibility for confirming the identity of a person invading a rail fare. It seems that you can just give any name taken from the electoral roll without having to show ID. Would I have a case against arriva for putting me in this situation? It’s also confounds me that when the matter goes to court they then check on a database for the correct spelling of my name and the correct date of birth, and so the first thing that was sent to me with my correct details was the fine from the court. Previous to that there were letters in effect addressed to a different person with a wrong spelling of my surname.I know it is illegal to open letters belonging to another person. Although I suppose I could reasonably expect it might of been for me because the name was out by one letter. I certainly don’t want to pay the £250 fine. This is been going on for some five years.  My daughter has a whole file of letters.  Sometimes train companies have responded by adding a password so that when the person gets stopped they have to give a secret word. But the offender is doing this all around the country and there are many different rail companies involved. However this is the first time I believe it has gone to court
    • Hi Guys.    In 2016 I had a PDL with The Money Shop.   Due to financial difficulty I stopped paying it in January 2017.   Recently out of the blue I started receiving emails from CRS about the debt. They were duly ignored.   Within them was an email about sending me a Letter Before Claim (they didn't) as well as a couple of repeated emails about the implications of a CCJ. They have my address and I haven't moved since the debt was accrued.    A couple of days ago I received a letter from AJJB Law being very disappointed in me for not replying to CRS and telling me that their client is entitled to possibly pursue proceeding without further action.   Usually I would send an IRL claim to InstantCashLoans, but with them in the hands of Administrators that is no longer possible.   Also worth noting that on my credit file the debt is marked as owned by ICL - Trading as TheMoneyShop. This has been marked as 'Delinquent' every month since Jan 2017. There is no default registered.   So, whilst I am kind of sure that I'm still safely in the 'ignore these chancers' category, I was wondering if anyone had any advice on if I should perhaps tackle this in a different way?   Also, if the debt on my credit file is just marked as delinquent when will it fall off, if ever? 
    • These letters relate to very historic  collection/recovery "service failures" concerning current accounts, credit cards and loans   I have not had an account or debt with HSBC since 2008 My gut feeling is that it maybe connected to the use of their fake inhouse  collectors  Payment Sevices (PSB), Metropolitan and DG Solicitory but I will know more when they reply to my letter demanding details
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2 x ParkingEye "fines" in Chelmsford - CLAIM FORM RECEIVED


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A very good starting point, but I was reading another case (not PE) where it was requested, but only delivered in court, at the start of the hearing. This was accepted by the judge as well.

Probably need a bit more detail on Pepipoo, they're going down the "receipts for the shopping" route in one post.

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A very good starting point, but I was reading another case (not PE) where it was requested, but only delivered in court, at the start of the hearing. This was accepted by the judge as well.

Probably need a bit more detail on Pepipoo, they're going down the "receipts for the shopping" route in one post.

 

If that happen, you could easily get a stay for another date and then claim expenses if you had requested it several weeks earlier and it was not supplied. Can we have details of the case where this happened as I am not aware of any such case and whether it was a win or lose? thanks.

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Why would PE ask for receipts? It's nothing to do with them if you have spent any money in the shop or not. Haven't they ever heard of "browsing".

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How could you prove to PE that you have actually been browsing if you haven't any receipts to back up your story?

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How are PE going to monitor these errant motorist? Are the going to follow them out of the car-park and note when that they have left site. If so then they will be shooting themselves in the foot. In the VCS / Ibbotson case the judge specifically asked the parking attendant why he didn't tell the motorist that leaving site would break the "rules". It'a called "minimising losses" .

 

Anyway all this is academic. The PPC would have to prove in court that the landowner has suffered an actual pre-estimate of loss, and not some imaginary figure dreamt up by the PPC.

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VCS/Ibottson is the wrong arguement.

The ticket has been issued for overstaying, not leaving the site.

So not a great deal the attendant could do.

 

And this is a car park near a college with no parking of it's own. So consider the fact it may not be empty, and students taking up the car park will stop the regular churn of customers. But they're not complaining about that either, it's the overstay after the free time. If every student did that all day, every day, you may consider a judge deciding there could well be a loss to the store. Since Oct POFA also has introduced figures for "losses", and PE are within them.

 

Best to prepare assuming the PPC has at least addressed a few basics, rather than take it for granted they'll just lose.

And I think it's only fair to post this, rather than just recite the mantra

"They never do court, and when they do they can't ever win"

The op needs to have the right defence here, as all it'll come down to is who convinces the judge on the day, on the balance of probability, not beyond all reasonable doubt.

 

 

As I have said in a different post, I've a feeling it's a new game, but I hope I'm wrong.

 

(And of course it's academic, that's the whole point of these forums. to work through the pro's and cons, and hopefully sort out a decent defence for the op, who is the only one of us it isn't academic for)

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He did.

Where the attendant watched the motorist leave, then issued a ticket for going off site.

 

I doubt a judge would expect the attendant to find a motorist in a lecture, then bring them back to their car before the free period of parking expired.

 

That's why the correct defence is important here, and why the op has to be made aware of the differences.

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Agree 100% with you about MSE which is why I no longer use it. You get vilified for asking a simple question, however back to the OP. I suggest that the OP requests a full true copy of the contract between the PPC and the LL ASAP to start off the defence.

 

 

I see they've started flaming a poster on the MSE thread already.

Shame, as it's the only poster who appeared to understand the court system.

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1) Please provide precise details of the calculation used to establish the sum pursued in this case, taking account of the following statement issued by the Department for Transport.

 

Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver.

 

2) Can you also provide written confirmation of your entitlement to raise court action on behalf of the land owner and any other evidence that you intend to use in pursuit of this claim.

 

Collated information on parking Eye shows that they avoid the above questions in circumstances where the recipient of an invoice enters into correspondence in the early stages. Therefore I would suggest that you raise these questions in advance of a hearing by recorded delivery and force their hand on these points.

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1) Please provide precise details of the calculation used to establish the sum pursued in this case, taking account of the following statement issued by the Department for Transport.

 

Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver.

 

2) Can you also provide written confirmation of your entitlement to raise court action on behalf of the land owner and any other evidence that you intend to use in pursuit of this claim.

 

Collated information on parking Eye shows that they avoid the above questions in circumstances where the recipient of an invoice enters into correspondence in the early stages. Therefore I would suggest that you raise these questions in advance of a hearing by recorded delivery and force their hand on these points.

 

 

Would also add that you require a vat invoice as this seems to cause them issues, so can they please send such invoice. If they don't then this at least throws

any claim of theirs that it's a service under a contract into doubt.

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Would also add that you require a vat invoice as this seems to cause them issues, so can they please send such invoice. If they don't then this at least throws

any claim of theirs that it's a service under a contract into doubt.

Haven't PE already had VAT issues?

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Just a quick update....

 

My defence has been submitted and I'm in the process of typing a letter requesting both the contract confirming their entitlement to bring about court action (are you even allowed to be doing this?) and the calculation used to provide their estimates of loss (why is the proposed estimated loss the same for parking over a white line, overstaying for one hour, overstaying for 10 hours?) as these both form part of my defence.

 

I'm not confident to bring VAT issues into the arena as this does not fall into my defence and is something that I literally have zero knowledge of.

 

Thanks for your input on this, it has been most helpful :)

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very very rarely

 

most of the 'wins' were ex employees or 'stoogies'

 

or [as one case] a guy in a wheelchair that couldn't defend himself

 

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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Their DPA registration seams a bit woolly -

 

"INCLUDES USE OF CLOSED-CIRCUIT TELEVISION FOR THE MONITORING AND COLLECTION

OF SOUND AND/OR VISUAL IMAGES FOR THE PURPOSE OF MAINTAINING THE SECURITY OF

PREMISES, FOR PREVENTING CRIME AND INVESTIGATING CRIME."

 

There is NO mention of ANPR in their registration and the ICO clearly classes them as different technologies referring to them as "CCTV and ANPR systems" not "CCTV/ANPR systems"

 

Hope this is of some help...

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