Jump to content


  • Tweets

  • Posts

    • thanks for your kind words ,  its the procedural stuff i worry about   technical stuff that can affect outcomes because of my inexperience   skeleton arguments, to be done cost schedules informing court how long i think it will take etc.    for instance their solicitor has asked for some emails between me and my loan broker - well after disclosure. i havent disclosed these ( they are privileged) and i have written them in the privileged box - only three emails anyway   but should i just provide to him as i actually want to present in court myself , and letting them have them actually discloses  them so they become admissable  or ignore?   also costs- mine arent too high   but what is fast track going to cost me in a situation where i lose.   i know court fees capped at 1650 but what if their solicitor bill is 20k-    i have managed to include all the way through their failings of pre action haste to litigation letters offers to settle subject to costs- i would nt feel so bad if all i was fighting was the court claim amount.
    • Yes you can.....you appear to have a good understanding of the basic credit consumer law.....possibly impress the judge that you went it alone...plenty of Fast Track cases been fought and won by litigants here on CAG.   If you have the evidence...the argument....and the personality to convey .....go for it...think of the fees you will save not paying the barrister.
    • Hi FTMDave They initially requested £140 within 14 days. This has now gone to £182 after the initial debt collection firm took over (now back with CEL   The carpark had two options, pay-by-app and cash, we had n cash hence using the easier app. The app in the playstore has shocking reviews, im not the only one.   I wasnext going to get 'their hand' sent to me fromt he data controller, sending the following:   Dear Sir or Madam   Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )   Please supply the data about me that I am entitled to under data protection law  relating to myself. - All photos taken - all letters/emails sent and received, including any appeal correspondence earlier - A PDT machine record from 23/11/2019  of payments - A record of online payments made using the Google Playstore APP that day - all data held, all evidence they will rely on, and - a full copy of the PCN, NTK - a list of all PCNs outstanding against me and/or this VRN, and I will remind here that any claim must be for all PCNs, not several separate claims.   If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month. If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.   Yours faithfully    
    • You need to read some more and then some.......costs are restricted in Small Claims Track....have a read of the above thread...same scenario...and its getting close to a hearing now....squeaky bum time for them.
    • OK, we can help you.   A couple of questions first.  You blanked out the amount they are claiming.  Can you tell us?  I bet they have added Unicorn Food Tax to their claim.   Also, can you remember if this was pay-by-app-only car park, or if there were other payment methods?
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

stopping or waiting on private land.


Please note that this topic has not had any new posts for the last 2979 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

hi everyone

 

I need some advice over a parking charge notice i received in the post,

 

its from a company called parkdirectuk asking for £100 to be paid because apparently we were stopping or waiting on private land

where stopping or waiting restrictions are in force,

 

now from the pictures they sent the car is parked on double yellow lines not in a bay or anything like that even though i think it was still in the car park,

 

if the car was parked on the yellow lines surely the company has no right to issue me with a "fine" ?

 

i dont really know how to deal with this, any advice would be much appreciated

 

thanks[ATTACH=CONFIG]39584[/ATTACH][ATTACH=CONFIG]39585[/ATTACH]

Link to post
Share on other sites

hi faran

 

safe to ignore.

 

any marking in a private car park are purely grafitti

with no statute in law.

 

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... 

Link to post
Share on other sites

It doesn't matter what 'offence' is mentioned - the invoice is from a private parking company and relates to private land, so is safe to ignore. If it was from a Council, r then that would be a different matter

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

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

thanks for the advice, i was going to pay them first thing on monday looks like that wont be happening now! Im just a little worried that they could take me to court, or will it not get that far?

Link to post
Share on other sites

These companies are not keen on Courts for a number of reasons, 1st of all the charge cannot exceed the landowners actual loss and the cost of producing and sending the invoice, therefore how can the fee of £100 possibly be applied in all claims. This figure is taken from the British parking Association code of Practice (a club for private parking comapnies with no legal status).

 

The following statement was recently issued by the Department of 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.

If you are still in doubt about ignoring, please read the following judgement (Vehicle Control Services V Ibbotson) this is one of the very few cases that ever seen the inside of a court and the result for the ppc can only be described as a disaster.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...