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    • dx, As requested:   Queries are made in red. Date of Statement: xx December 2019 Claim Number: XXXXXX Between: UK CAR Park Management Limited and XXXXXXX   1.    It is admitted that Defendant is the recorded keeper of XXXX XXX.   2.    It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. How do I check who the landowner is?   3.    If there was a contract, it is denied that the parking charge is incorporated into the contract. As per Thornton v Shoe Lane Parking [1971] 2 QB 163, the relevant term must be made known before a contract was formed. Here, the charge was not incorporated into the contract because [explain] – I assumed this means no contract was agreed?   4.    The amount is a penalty, and the penalty rule is still engaged, so can be clearly distinguished from ParkingEye v Beavis which the Judges held was 'entirely different' from most ordinary economic contract disputes for the following reasons:-   a)    The Claimant has no commercial justification b)    The Claimant did not follow the BPA Code of Practice, allowing a MINIMUM grace period of 10 minutes. c)    The Claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question d)    The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant and is therefore unconscionable. e)    The Court of Appeal for the Beavis case made a clear reference to the fact that their decision was NOT relevant to pay-per-hour type car parks.   5.    A parking ticket was purchased. However, after much difficulty. The Defendant made several attempts to initially pay for parking via telephone and the indicated telephone-based application, which were both declined by the claimant’s system of payment. The Defendant was attending a Drug and Alcohol (D&A) test based on the conditions of a new employer. The delay in obtaining a parking ticket caused significant delay. The Defendant was late to the appointment and was not permitted to leave the test until indicated by the examiner. Options made available to extend parking durations remotely did not function. Please refer to Attachment 1 – an email of complaint sent on the said day of apparent contravention (12th March 2018). My own wording. Is this ok?   6.    The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.  
    • send the new company an sar specifically asking for all the data they received from Solarplicity dx
    • I will scan up some documents, if anyone could please check over them for me and let me know if my assumptions are correct.
    • The link given in my previous  post has been updated. (ensure to have a good read and check the links given)   READ MORE HERE: https://www.gov.uk/government/news/thomas-cook-information-for-customers-employees-creditors-and-shareholders
    • Hi   With sending a Subject Access Request (SAR) make sure and ask for 'ALL DATA' this covers everything no matter what format they hold that data in whether it be telephone recordings, emails, online etc.   Also make sure and specifically ask for the data they have removed from your online account
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Camaro3

Aqua Card (Halifax) + Non delivery

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Hi everyone,

 

Over the course of the last six weeks I have sent 3 letters to Aqua customer services (which is in Halifax). All letters by recorded delivery. Non of the letters have been delivered, the Royal Mail website says they are all being proceesed through their system for delivery.

I can understand if they lost one letter, but three?, or am I being paranoid? Any suggestions on my next move?

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Have checked you have correct post codes and or PO Box numbers.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Just rechecked, first two letters, the last letter of the post code is wrong, should be HX1 2RG and I have put 2RE, but the address (Trinity Road) is correct. Corrext post code on last letter is correct. Aqua don't have a po box. Have spoken to customer service at Royal Mail who assured me they use the whole address for delivery not just postcode. (By the way checked on sat nav difference is less than half a mile).

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Raise a formal complaint with Royal Mail.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I sent two letters to NatWest Credit Card at Southend. Neither ever showed delivered on Royal Mail but both were. I think some places that receive bulk deliveries don't show on the tracking system.


Love your enemies - it drives them crazy.

Thanks to Bobby Thompson (1911-1988) for the user name:"Let them knock, the paint lasts longer than the skin".

nec temere nec timide

 

So far, all done free for friends:

Cabot - F&F reduced debt by £7700 (70%)

NatWest - PPI claim - £1,800

NatWest - PPI claim - £6,200

NatWest - PPI claim - £3,000

Co-op Bank - PPI claim - £5,200

Halifax - PPI claim - £2,800

NatWest - debt identified as statute barred - £1,900

NatWest - debt identified as statute barred - £2,700

NatWest - loan identified as unenforceable - £13,400

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That's only the payments and processing centre, use the head office address.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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