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    • 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.
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    • 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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Allguard power of attorney help needed


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hi all i need some advice for my inlaws on what route to take next. I will post a complaint letter for you to read that we sent to Allguard, its easier to read the letter to know what has gone on and any help or advice anyone can give would be much appreciated

this is the letter we sent

 

Dear Sir / Madam,

 

I amwriting to you concerning our ‘Power of Attorney‘to make a formal complaint.

 

In May 2012 we had a leaflet posted through our doorabout Allguards services and what you provide. On the 25th June 2012we sent a text message to Mr **** asking him to visit our home todiscuss Power of Attorney. After Mr***** processed all the relevant paperwork he came to see us in July2012 to sign the said paperwork, to which we paid him £420. The chequewas then cashed on the 19th July 2012.

 

Onthe 12th September 2012 my husband, myself, my daughter, my son andalso 2 other witness’s signed the relevant paperwork for Power of Attorney infront of Mr ****, to which we paid Mr **** another £534. Thischeque was cashed on the 28th September 2012.

 

Afternot hearing from Mr **** for some time, I proceeded to call him inOctober to bring to his attention we had not received any of the paperwork towhich we were told he would ‘chase it up’.

 

After waiting another few weeks we still hadn’treceived any paperwork or any contact from Mr ****, so I proceeded tocall him on the 26th November 2012 to which there was no reply. On the 30thNovember 2012 I sent Mr **** a text (SMS) message, on the 1stDecember 2012 Mr***** telephoned to say he would come to our home tosee us on the 3rd December 2012 but after having this telephoneconversation he decided he would not need to come in person.

 

Onthe 14th December 2012 I sent Mr **** a text (sms) messageto inform him we still hadn’t received any paperwork, to which he called viatelephone to say the paperwork would be with us by the end of the week. On the20th December 2012 I sent yet another text (sms) message to informhim again that we hadn’t received any paperwork.

 

Onthe 7th January 2013 I sent another text message to Mr ****as whenever I attempt to call him via telephone or text I never received anyreply. On the 21st January, 30th January, 6thFebruary, 14th February 2013 Icalled the 24hr number 08450 523 627 and spoke to someone in the officeregarding to matter to which they told me Mr ***** would contact me back to which he never did.

 

Onthe 21st February 2013 I called the office again to which I did geta phone call back from a lady in the office who informed me that Mr ***** would need to come out to visit us in person as we had to signpaperwork again. I proceeded to inform the lady that we had already signed allthe paperwork to which she replied that the wording was wrong on the originalpapers that we signed and have had to be redone, needlessly to say Mr ****did not contact us.

 

Onthe 25th February I called the ‘Office of the Public Guardian’ tosee if our Power of Attorney had been registered with them, to which it hadn’tI then proceeded to call the head office at East Grinstead to make a formalcomplaint and was told that I needed to put it in writing (please accept thisletter as my formal complaint).

 

MyHusband and I feel this is gross negligence on Allguards part regarding thetreatment and service we have received, so we have now decided that we wouldlike a full reimbursement from Allguard for £954 which is the total amounts ofwhich we have paid Mr ******via two cheques.

 

Iexpect to receive a reply from yourselves (Allguard) within 28 days, if after28 day period I still have not had a reply I will then take my complaint to the‘LegalOmbudsman and the Office for Legal Complaints’.

 

Please find all my contact details at the top of this letter.'

 

 

After sending this letter she has since had a letter from them saying all paper needs to be redone as it the first lot were not done correctly and my in laws need to pay over another £200.

they have contacted a solicitor who sent another letter to Allguard on behalf of the inlaws, but not she is advising them to cut there losses and continue with allguard and pay the next sum or theyll loose there money altogether. Surely this is absurd advice as this Allguard company has messed them around for months on end, and to which they have not replied to any letters.

please if you have any advice or know what we should do next and who to approach it is greatly appreciated

many thanks :-):-):-):-):-):-):-):-):-):-)

Stand up for the little man !

 

Dont take no for a final answer until every nook and cranny has been explored :wink:

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