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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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Help needed with Asda and Town and City parking charge notice please

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Hi All, Hoping someone can help or offer advice as really not sure what to do!

 

I parked in Asda's "free" car park in Biggleswade on 15th Dec but overstayed the 2 hours allowed by twenty minutes as it was manic in the shop due to everyone out christmas shopping!

I have now received a letter from Town and City parking Ltd called a parking charge notice which shows camera images of the vehicle entering and leaving the site which are time and date stamped.

The "charge" is for £70.00 and reduced to £40.00 if payed within 14 days.

My partner is the registerd keeper but it was me driving on the day?

Am i right in thinking there was a new law that came out recently that made the registerd keeper liable?

Should my partner admit that it wasnt her driving and give them my details?

Should I pay or just ignore the whole thing as so many people have said on the forum before its just Im worried the new law may catch up with me.

I went in to the store today to complain to the manager who said there is nothing she can do and was very unhelpful.

I really want to ignore as this makes me very angry to think that we as a family spend thousands and thousands of pounds in this store scince it opened.

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Matters not really. If she tells them you were driving they will chase you, if she doesn't they will chase her and by chase I mean send lots of scary letters, but that's all. In other words you can still safely ignore

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As others have said, ignore it. It is really just an invitation to pay. It is not enforceable in law and despite the threats of credit blacklisting etc. this cannot happen. The only people that can fine you are the police and councils. Private parking companies have no authority to fine anyone. All they can do is to ask if you would like to pay.

 

For further peace of mind visit the motoring forum on the moneysavingexpert website.

 

DO NOT PAY IT. DO NOT EVEN REPLY TO THEM.

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Ignore, ignore and then ignore a bit more

 

Oh! and ignore ignore ignore = shop elsewhere from now on, enough people did that then things will change.


:mad2::-x:jaw::sad:

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I am in the middle of ignoring a Town & City Parking Charge notice we received for overstaying by 20 minutes in December at our local Asda. Which has a MacDonalds where we eat first then moved the car to shop at a very busy Asda. I have been advised that the parking charge notice isn't worth the paper that it is written on. The only people that can take you to court are the people that own the land in this case Asda. i was advised to e-mail the head office but have still not received an answer nearly 1 month later. Town & City are now getting more threatening and have said they will send debt collectors after me for the money which is now £80 (£40 fine increased to £70 & £10 admin charge. I am now going to write to the Asda Head Office address I found on this site. I have been advised to say that Asda are "jointly & severally liable" for the actions of their agents and that any further actions by either of them would be regarded as harassment under the terms of "The Protection from Harassment Act 1997. as a woman on my own i find the nasty letters and threats of debt collectors, reduced credit ratings etc very intimidating but I am also stubborn and it is the principal of the matter and the more Asda ignore me the more i will stick my heals in. Next stop will be to try and get the local paper involved. we will see.

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I am in the middle of ignoring a Town & City Parking Charge notice we received for overstaying by 20 minutes in December at our local Asda. Which has a MacDonalds where we eat first then moved the car to shop at a very busy Asda. I have been advised that the parking charge notice isn't worth the paper that it is written on. The only people that can take you to court are the people that own the land in this case Asda. i was advised to e-mail the head office but have still not received an answer nearly 1 month later. Town & City are now getting more threatening and have said they will send debt collectors after me for the money which is now £80 (£40 fine increased to £70 & £10 admin charge. I am now going to write to the Asda Head Office address I found on this site. I have been advised to say that Asda are "jointly & severally liable" for the actions of their agents and that any further actions by either of them would be regarded as harassment under the terms of "The Protection from Harassment Act 1997. as a woman on my own i find the nasty letters and threats of debt collectors, reduced credit ratings etc very intimidating but I am also stubborn and it is the principal of the matter and the more Asda ignore me the more i will stick my heals in. Next stop will be to try and get the local paper involved. we will see.

 

Personally I wouldn't bother getting into letter tennis. Just ignore them.


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If you do write to them please don't call it a "fine". If you read the thread about Town and City being banned by the DVLA, you will see that the company is suffering from an identity crisis. Ask ASDA what company they have the contract with. Is it Smart Parking, Town and City or Town and City Ltd? If they say Smart Parking, tell them that as TCP no longer exists then you won't have any more dealings with them.

 

As for debt collectors. They won't "send anyone after you", apart from posting off a couple of stupid letters which mean nothing.

 

Or you could just ignore. That's the easier option.

Edited by DBC

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Whilst I agree that getting into the puerile game of letter tennis will be fruitless, a complaint to the store manager outlining his futile parking company, and that their little notices asking you to gift them extortionate amounts of money, will in turn be their downfall, as you are now shopping at a rival store, and will be advising all of your friends and family to do the same, and you will be letting the local papers know also.

 

Not that they have any modicum of respect or care for customers, it's what's in your wallet and purse that matters to them, definitely vote with your feet. let them know how foolish they are then shop elsewhere, oh and I don't think you need anymore confirmation??? But PLEASE IGNORE this unenforceable invoice.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I took the advise on this site and ignored the parking people and wrote to ASDA directly in fact i sent the letter to their head office and to the local store involved. The head office sent me a letter to say basically that they don't get involved in parking disputes and wouldn't interfer. then i got a letter from the local store to say very sorry and parking charge had been cancelled. i have hear nothing since. So go figure.

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I am in the middle of ignoring a Town & City Parking Charge notice we received for overstaying by 20 minutes in December at our local Asda. Which has a MacDonalds where we eat first then moved the car to shop at a very busy Asda. I have been advised that the parking charge notice isn't worth the paper that it is written on. The only people that can take you to court are the people that own the land in this case Asda. i was advised to e-mail the head office but have still not received an answer nearly 1 month later. Town & City are now getting more threatening and have said they will send debt collectors after me for the money which is now £80 (£40 fine increased to £70 & £10 admin charge. I am now going to write to the Asda Head Office address I found on this site. I have been advised to say that Asda are "jointly & severally liable" for the actions of their agents and that any further actions by either of them would be regarded as harassment under the terms of "The Protection from Harassment Act 1997. as a woman on my own i find the nasty letters and threats of debt collectors, reduced credit ratings etc very intimidating but I am also stubborn and it is the principal of the matter and the more Asda ignore me the more i will stick my heals in. Next stop will be to try and get the local paper involved. we will see.

 

Anyone can take you to court.

The difference is the landowner may win, a random stranger who has no proprietary interest in the land wouldn't.

So an important difference if you have been advised TCP "can't", they can, it's just unlikely they would bother, as they would most likely lose.

Your case for harassment would be a first as well. There have been a couple of previous cases, but they have had substantially more detail than the first flurry of letters from a PPC before ending up in court.

 

I'm not saying don't send it, just making other posters aware if they read it.

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Town and City Parking normally pass it to a company called whyte and Co (Begging Letter Specialists) not the best on record, not even very colourful. During the course of last year my wife received a PCN from this company at Asda in Edinburgh, I did everthing to try and get them into court and failed miserably, THEY WILL JUST GO AWAY.

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Well after receiving a couple of further letters from a debt collection agency I have now got one from "Debt recovery plus Ltd" headed "NOTICE OF INTENDED LITIGATION" stating they intend to recover costs of £222.00!

Still holding on and ignoring........

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Hold up. So the muppets are trying to turn a speculative invoice into a legal debt? I think you need to write to the OFT and the DCA about this, as if you leave it, they could try and mark your credit file.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Hold up. So the muppets are trying to turn a speculative invoice into a legal debt? I think you need to write to the OFT and the DCA about this, as if you leave it, they could try and mark your credit file.

 

Not without going to court, winning, and the op not paying within 1 month and having the CCJ remain on the Register.

 

But keep an eye out for real court papers arriving in case.

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Very true, but if a DCA is chasing a speculative invoice, a full complaint must be made to all parties concerned AND the regulator.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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