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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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DCA problem, need help


GUK
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Hello,

 

 

I need some help. Got a letter from DCA with instructions for immediate payment of an amount that is much higher than the original amount they think I owe them, without explanation why this amount differs from the original. I mean there is no explanation of what this final amount include if this is interest, fees and so on.

 

I found a lot of useful information in this forum, but because my English is not perfect am afraid that I may not have understood everything correctly. So I would be grateful if someone can tell me with simple words what to do. Also not know if this is relevant, but I will add this information in the event that this is of importance.

 

This amount is not from any type of loan, this amount is a fixed amount that I have to pay if I did not fulfill a certain condition. So a given company claims that I am not fulfilled this condition, and wants me to pay this amount. I argue that it is their fault and I will not pay this amount.

 

They rejected my complaint and told me that if I am not satisfied I have the right to appeal to FOS, (Financial Ombudsman Service) within 6 months. I informed them that I will do this, but then they started sending me emails that if I do not pay within a week, I will be given to DCA. I told them that I need more time to prepare the necessary documents, but they told me that although I have six months to appeal to FOS, if they do not receive relevant notice of said complaint, they will continue to progress this case as normal, per their procedures.

 

So they do not provided me the necessary time to prepare, and now I have to deal with DCA. So, I mean that even still I have not filed a complaint with FOS, amount which DCA tries to take from me, are still disputed.

 

 

I will appreciate any help.

Thank you!

Edited by citizenB
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I have moved your thread to the correct forums and site team are aware.

 

Once you have made your complaint to the Financial Ombudsman, the company/bank are supposed to put any further action on hold until such times as the FOS has finished their investigation.

 

It might be worth contacting the FOS, ask if they can provide you with a reference number pending your complaint being sent to them. They may or may not do this.

 

Anyway, once you have a reference number simply pass that on to the bank and advise that you think their behaviour would be in Breach of all the rules if they dont back off pending the FOS investigation.

 

HTH.

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Thanks very much for your answer. About the letter from DCA, I will give an example, they want to be paid, let's say - 1500, but the original amount is 1000. I know that there will be some related fees and interests, but the letter does not provide information on how they formed the required amount. And if I understood correctly what I read in this forum, they have to provide me with this information.

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GUK, it will be much easier to advise you if you tell us how and why this debt occurred, what type of transaction is this??

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Thanks very much for your answer. About the letter from DCA, I will give an example, they want to be paid, let's say - 1500, but the original amount is 1000. I know that there will be some related fees and interests, but the letter does not provide information on how they formed the required amount. And if I understood correctly what I read in this forum, they have to provide me with this information.

 

Yes, they cant simply demand a sum of money without providing a breakdown of how they have arrived at that sum.

 

IMHO, I would get your complaint to the FOS as quickly as possible and tell the DCA /Bank that you have done this. To the DCA you should also confirm there is now a genuine dispute in place and they are obliged to back off.

  • Confused 1

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

1: How can BCOBS protect you from your Banks unfair treatment

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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GUK, it will be much easier to advise you if you tell us how and why this debt occurred, what type of transaction is this??

 

Yes, sorry about that, but I'm just trying to give you as better information as possible, without revealing any details, before I'm done with this, for understandable reasons. But I know that thereby will be difficult to get help. So, this is car insurance excess.

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Yes, they cant simply demand a sum of money without providing a breakdown of how they have arrived at that sum.

 

IMHO, I would get your complaint to the FOS as quickly as possible and tell the DCA /Bank that you have done this. To the DCA you should also confirm there is now a genuine dispute in place and they are obliged to back off.

 

Thank you for your quick and accurate answers. I will follow this advice.

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So you had insurance on your car, had an accident, and to have the car repaired had to pay the excess?

 

Was the accident your fault?

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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So you had insurance on your car, had an accident, and to have the car repaired had to pay the excess?

 

Was the accident your fault?

 

The story is long and complicated to explain, and will need a few days to explain everything. So when I have more time, I will try to explain everything. Now I have to start working on my complaint to the FOS. I have a lot of work because I have to sort all documents from about 4-5 years ago, since this case is, and time is short. Thank you all for helping.

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