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    • Here is the reply from POPLA after I complained to its chief assessor -- completely rubbish!   ---   Your complaint about POPLA   Thank you for your email, which was passed to me by the POPLA team as I am responsible for responding to complaints.   I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against Parking Eye.     POPLA is an impartial and independent appeals service and we do not act either for the parking operator or the appellant. It is important to explain that it is not our remit to source evidence and documents from either party in support of their submission and our decisions are based on the evidence received from both parties at the time of the appeal. We cannot consider further evidence after the appeal has been completed.   You have advised that the decision issued to you on 29 October 2019 does not address the crucial points of your rebuttal.   You have reiterated your original grounds of appeal. For clarity, I have addressed each point as follows.   Regarding grace periods.   While section 13 of the British Parking Association Code of Practice stipulates that a minimum grace period should be allowed, the grace period is only applicable in car parks are required. In this car park, the entrance signs states that the site is for permit holders and service vehicles only, as such, a grace period is not applicable in this instance. You would have been aware that you did not have a permit on entering the site and I am satisfied that the assessor is correct in determining that the six minutes that you were on the site was not a reasonable period.   You have advised that there is no evidence of landowner authority and have provided a quote from another POPLA decision.   POPLA deals with appeals on a case by case basis and as such, any external factors such as other similar parking contraventions or appeals have no impact on our decision making.   I have reviewed the assessor’s comments relating to this ground of appeal and also the document provided by the operator and I am satisfied that the assessor has correctly stated that the operator has the relevant authority to issue PCN’s on this site.   You advise that no contract was formed between the driver and the operator.   The assessor has advised that the signage on the site makes the terms and conditions of the car park clear which, after reviewing the images of the signs provided, I agree with. By choosing to remain on the site, you have accepted the terms and conditions of this contract and by remaining on site for six minutes without a permit, the terms and conditions were breached.   After reviewing the assessor’s decision, I am satisfied that the outcome reached is correct As POPLA is a one-stage process, there is no opportunity for you to appeal the decision.   As our involvement in your appeal has now concluded you may wish to pursue matters further. For independent legal advice, please contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).   In closing, I am sorry that your experience of using our service has not been positive. We have reached the end of our process and my response now concludes our complaints procedure. I trust you will appreciate that there will be no further review of your complaint and it will not be appropriate for us to respond to any further correspondence on this matter.   Yours sincerely Paul Garrity POPLA Complaints Team
    • Thanks for clearing that up Homer.  I was  in the middle of writing what DX100 uk has just said. I notice that no questions have yet been answered from the Stickies posted on either thread. We will need some info in order to  counteract any stpidity by Link to try Court. The PCNs can be produced later under CPR regs. so photos of the car park with the notices at the entrance, around the carpark itself-especially any that are different as well as the T&Cs on the payment meter if there is one would be a help. As would the reason for the ticket. In addition, you could look up the local Council website on planning permissions to see if Link have ever applied for permission to erect NOtices and ANPR cameras within the car park. This would come under Town and Country [Advertisements] Regulations. And if you have any recent PCN remiders from Link that might help a little.
    • OK can we tackle this one by one then please. I will  please need some guidance here as have never filed such form, I'm sorry   DRAFT ORDER (sent through post #72) 01.   Item no. 1 - retain "struck out or heard at re-hearing" or delete the struck out? 02 .  Item no. 4 - should this be included? or how else to write it?     In Witness statement I am saying  I am XXXX XXXX, of MY ADDRESS NO.3 and I am the Defendant in this matter. This my Witness Statement in support of my application dated XX November 2019 to: 1.Set aside the Default Judgement dated 14 August 2019 as I was not properly served at my current address and I am given leave to file a defence, copy of which is attached to the application. 2. Order for the original claim to be dismissed or Set Aside to be re-heard at a new hearing; on the basis that the Defendant has a reasonable defence. 3. Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee and refund of any illegal fees paid by Defendant to Newlyn Debt Collection Ltd pursuant to the Default County Court Judgment of 14th August 2019 and reasonable Defendant’s costs required to set aside the Default Judgment   03. Are points 1-3 to be repeated exactly in the Draft Order?    
    • Thanks dx, I understand.    However what legal recourse is available to get it sorted? I've been offered a great deal with my existing lender
    • No need to...they are fully aware of the legislation and what they must do if they wish to execute the Judgment debt after 6 years...ignore them.
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skelly5918

PPI - Refund - part to be offset against a sold on debt

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Can the ppi refund be given in part to a debt that has been sold and the rest to me?

Or do they have to give it all to me?

Many Thanks

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If the debt has been sold/assigned, then the original creditor from whom you are making the reclaim has no right to give any of the PPI to a third party.

 

Which creditor is this and who is the third party.


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Absolutely Skelly insist all the refund comes to you, the PPI has nothing to do with the dca that bought the debt.


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Actually it is an egg debt that was sold to arrow global. Is this different than sold to a dca.

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Actually it is an egg debt that was sold to arrow global. Is this different than sold to a dca.

 

No AG is a debt purchaser and DCA.


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Can anyone give me something to quote to them as they keep saying the fsa guidelines say they have to pay arrow global.

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Hi Skelly I can't find any thing that says they can offset and pay AG, going to ask my colleagues here to take a look.


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Hi Skelly I had success with this kind of thing getting PPI money back from Monument a year after they had offset against a sold debt. It is in the FOS guidelines however these are hard to find. Heres a link to my thread where I sent a letter to Monumnet.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?312868-PPi-refunded-to-DCA-***WON***-Repaid-direct-!!


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Thanks nutter - have emailed them with that information and will have to wait for them to reply.

Many Many Thanks

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The case law you can use is Edlington Properties -v JH Fenner.

 

Where a debt/account has been sold, the seller as no right to appropriate your money to the third party.

 

You need to write and tell the original creditor this and if they refuse to refund all of the money to you then you are able to issue proceedings in court to force them to refund this money to you.


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Me again

 

I wrote several times to Canada Square they will not budge - say it is their policy to repay to other companies.

.

They sent me the cheque minus the amount for Arrow Global who incidentally got paid before I did.

 

What can I do now? Should I cash the cheque?

 

Many Thanks

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Unless you want to take it to the Financial ombudsman where your complaint will probably take a further 6 - 18 months, then I guess yes, cash the cheque.

 

They are however flying in the face of directions from the FOS and case law. They probably recognise that people wont be up for a fight with them :(

 

Aside from the fact that you might have had a genuine dispute on the debt which might have meant it was less in value that originally claimed, I guess it is a debt that has been repaid.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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