Jump to content

  • Tweets

  • Posts

    • The court will probably tell you to submit an application.....but that involves a fee of £100...its their error so you shouldn't be required to. Because your DQ has not been processed ...its simply been overlooked and placed at the claimants venue.....which is incorrect..speak to the court.
    • Oh dear, Guardianistas in full flow again Posturing is a necessary part of the negotiations  Obviously some form of deal will be cobbled together to save face on both sides At least no government of any colour will touch this subject again for decades to come, if ever  
    • And can you re upload a copy of the email invoice from Dongara that you posted on page 3......for some reason DX has removed it and edited my previous post referring to it. ???  
    • For PCN's received through the post [ANPR camera capture] (must be received within 14 days from the Incident)   please answer the following questions.   1 Date of the infringement 7th October 2020   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 15th October 2020   [scan up BOTHSIDES as ONE PDF- follow the upload guide]   3 Date received 19th October 2020   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A   7 Who is the parking company? ES Parking Enforcement Ltd    8. Where exactly [carpark name and town] Multi-Storey Car Park, Union Street, Accrington, BB5 1PL   For either option, does it say which appeals body they operate under. ESPEL.ZATAPPEAL.COM.   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   If you have received any other correspondence, please mention it here "Reason of lssue: Exceeded maximum allocated or pre-paid time"   Thank you dx100uk, I will upload the PDF once I figure out how to block out identifying information.
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

worried about ticket from civil enforcement ltd***Cancelled***


Please note that this topic has not had any new posts for the last 2543 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Its as Mzkenzie friend as ive explained before. Please stop trying to make up statements that i havent made:

 

I am only quoting the posts youve made, they are not made up.....Most of the public have never heard of a McKenzies Friend......

 

They come on here looking for advice for their individual situation, and in an open forum, they can use that information to either challenge the PCN, go to court or go through popla, or pay up if they dont feel they need the hassle.

 

Your offers do come across to a lay person as an offer of free representation or whatever you want to call it, and it is somewhat misleading.

 

If it were me, I would be posting up individual cases for all to see for the site team to scrutinise as to the credability, not engaging in a slanging match

Link to post
Share on other sites
  • Replies 86
  • Created
  • Last Reply

Top Posters In This Topic

I do not require anyone to scrutinise my credibility I know what I do and why I am doing it.

 

If anyone wishes to see a case in action.

 

Sheffield county court- 30th October -10 am Civil Enforcement vs Mrs **********

 

Not everyone lives in Sheffield. can you not just make notes and post up what the judge says

Link to post
Share on other sites
Help and represent are two different kettles of fish.

 

Help can include:

 

Suggesting questions to be asked

asking questions of the claimant

Helping to refer to certain paper work

Referring the judge to relevent case law

Etc etc

 

 

All advice should be posted in the open forum - that is what CAG is about. Scuffling around with private messages serves no purpose at all for the wider audience.

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

Link to post
Share on other sites
ok I will look forward to that and the case number to verify

 

 

No case numbers will be posted on the open forum...thank you.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Hi All,

 

just to update you all. I have just gotten an email from POPLA, they have agreed that the ticket should be cancelled. Yayyyy.

 

Thank you all for your help and advice. Especially NevMet, who helped by writing the POPLA appeal letter for me.

 

This site and the people giving advice on it are great :-)

Link to post
Share on other sites

Well done snugs and all who assisted

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Just had another CEL one cancelled on appeal to POPLA -

 

What is interesting here is that despite a number of appeal grounds being submitted POPLA decided the appeal on a breach of the statutory requirements of Sch 4 PoFA 2012 - This is the salient text from the POPLA Assessor

 

"The appellant’s case is that they are not liable as the registered keeper

of the vehicle.

 

The appellant submits that as there was no notice to

driver issued, under Schedule 4 of the Protection of Freedoms Act, the

operator should have issued the notice to keeper within 14 days after

the date of the alleged breach.

 

The appellant submits that the

operator issued the notice to keeper 20 days after the date of the

alleged breach; therefore they have not complied with this

requirement of the Act.

 

The operator responded to these representations stating that there is

no legal requirement to “send out a parking charge notice within 14

days of the incident date”.

 

Although there is no legal requirement to

send out a parking charge notice within 14 days when pursuing the

driver, however as in this case the appellant is the registered keeper

and not the driver this requirement does exist.

 

The appellant can only be liable as the driver or the registered keeper

of the vehicle.

 

The appellant clearly does not admit to being the driver

of the vehicle and states that they are not liable as the registered

keeper as the notice to keeper was not served within the 14 days

stated under Schedule 4 of the Protection of Freedoms Act.

 

The onus is on the operator to show that the appellant is liable for the

parking charge; the operator has not proved that they were.

 

The operator has also not refuted that a notice to driver was not served.

Considering carefully, all the evidence before me, I find that under

Schedule 4 of the Protection of Freedoms Act, there is a requirement

that in such a circumstance, if the operator wishes to pursue the

keeper of the vehicle, they issue a notice to keeper within 14 days of

the date of the alleged breach.

 

I find that as it is clear that the

appellant does not admit to being the driver, the operator has not met

this requirement as the notice to keeper was issued 20 days after the

alleged breach.

 

Accordingly, this appeal must be allowed".

Link to post
Share on other sites
CEL have pulled out of yet another case.

 

It was scheduled for Wednesday but they made their usual excuses and ran away

 

 

I find that most inconvenient and very irksome as me and my Mrs had booked a travelodge to come and see you in action. :spy:

Link to post
Share on other sites
Just had another CEL one cancelled on appeal to POPLA -

 

What is interesting here is that despite a number of appeal grounds being submitted POPLA decided the appeal on a breach of the statutory requirements of Sch 4 PoFA 2012 - This is the salient text from the POPLA Assessor

 

"The appellant’s case is that they are not liable as the registered keeper

of the vehicle.

 

The appellant submits that as there was no notice to

driver issued, under Schedule 4 of the Protection of Freedoms Act, the

operator should have issued the notice to keeper within 14 days after

the date of the alleged breach.

 

 

So the PPC company have failed yet again to comply with the POFA which was set up by them and the BPA to make money for parking breaches a lot easier to claim !

Despite this new Act it seems that most PPC companies are so desperate for money that they totally ignore the guidelines set out, which are perfectly clear to everyone. Not only are they breaching the the BPA code of practice and the POFA they are are also guilty of demanding money by menacing, claiming you owe them them money, knowing full well you actually owe them nothing.

Now that would be interesting if someone accused them of that ! :)

Link to post
Share on other sites
DAMN booked a day off work!.

 

Can Kirkby confirm as a Mckenzies Friend....That CEL have dropped the proceedings on the correct court form, and paid the defendant costs up to that point, which is a requirement?

Link to post
Share on other sites

Just to correct the terminology here, a "Mackenzie Friend" is someone (not legally qualified) who assists a defendant in a criminal case at the Magistrates' Court, eg a speeding charge. A MF is not normally allowed to address the Court directly, but may sit with the defendant and advise them what to say.

 

In a small claims County Court hearing, the defendant may have a Lay Representative who can speak on their behalf, and conduct the case for them. See CPR 27 section 3.2.

 

If defending a claim relating to parking, where the likes of PE send a solicitor from LPC Law, the defendant would need to fully understand all the legal points in their defence statement, and make these arguments coherently to a Judge. In reality, most members of the public making a first court appearance are unlikely to be able to do that, so taking along someone with experience in such matters might be a good idea.

 

I helped the defendant in the case which PE lost last week (reported elsewhere on these forums and on the Parking Prankster blog) and I don't think the defendant would have managed it on her own.

Link to post
Share on other sites
Not only are they breaching the the BPA code of practice and the POFA they are are also guilty of demanding money by menacing, claiming you owe them them money, knowing full well you actually owe them nothing.

 

And a regular abuse of the Court process in trying to intimidate people into accepting their demands.

Link to post
Share on other sites
Just to correct the terminology here, a "Mackenzie Friend" is someone (not legally qualified) who assists a defendant in a criminal case at the Magistrates' Court, eg a speeding charge. A MF is not normally allowed to address the Court directly, but may sit with the defendant and advise them what to say.

 

In a small claims County Court hearing, the defendant may have a Lay Representative who can speak on their behalf, and conduct the case for them. See CPR 27 section 3.2.

 

If defending a claim relating to parking, where the likes of PE send a solicitor from LPC Law, the defendant would need to fully understand all the legal points in their defence statement, and make these arguments coherently to a Judge. In reality, most members of the public making a first court appearance are unlikely to be able to do that, so taking along someone with experience in such matters might be a good idea.

 

I helped the defendant in the case which PE lost last week (reported elsewhere on these forums and on the Parking Prankster blog) and I don't think the defendant would have managed it on her own.

 

Hiya

That wasn't my question as I knew what a McKenzies friend was....I was simply asking if the case had been dropped on the correct court form and the defendant paid all their costs up to that point, as krkby was the MCkenzies in this matter

Link to post
Share on other sites
Hiya

That wasn't my question as I knew what a McKenzies friend was....I was simply asking if the case had been dropped on the correct court form and the defendant paid all their costs up to that point, as krkby was the MCkenzies in this matter

 

No this is not normally the case. When cases are withdrawn it is a case of the claimiant simply informing the court of their intention to vacate/withdraw.

 

This can be done via post/email/fax etc

Link to post
Share on other sites
No this is not normally the case. When cases are withdrawn it is a case of the claimiant simply informing the court of their intention to vacate/withdraw.

 

This can be done via post/email/fax etc

 

Kirkby for someone that offers help off forum and states you have attended 35 court cases as a McKenzies Friend, you are selling the defendants short......As far as dropping a case is concerned, Sobell tried to do just that in one of our cases via fax and the judge was having none of it

 

A) because it had not been done on the correct court form and

B) They had not settled with the defendant their costs up to the time of the application to drop

 

That was from the court, not me....Once a case has been allocated to a track (In your case it had been) the defendant is entitled to all of their costs up to the point where the case was dropped for time spent in preparation and all associated costs Under Part 44 CPR Rules

Edited by Scouse Magic
Link to post
Share on other sites

I have to say that it does not suprise me in the least that Kirby has not responded to the above post, but not withstanding that, as a person who states he gives advice on here and other forums offline and has attended 35 court cases in whatever capacity, It is clearly a matter of concern that he does not know the CPR rules, and whilst his wild claims may be true, the defendants he claims to advise and represent are missing out on costs they are entitled to.

 

The world does not stop simply because a claimant decides to drop a case on their terms! :der:

Link to post
Share on other sites

I think you will find that most people are quite relieved once the case has been dropped and given the fact they have never had any dealings with this before are very relieved when the matter is dropped. This has certainly been the case in the numerous cases i have dealt with (mainly PE/CEL)

 

Also the costs are extremely limited in these matters and even so before a hearing, It is simply not worth peoples time and effort to go chasing these small sums.

Link to post
Share on other sites
I think you will find that most people are quite relieved once the case has been dropped and given the fact they have never had any dealings with this before are very relieved when the matter is dropped. This has certainly been the case in the numerous cases i have dealt with (mainly PE/CEL)

 

Also the costs are extremely limited in these matters and even so before a hearing, It is simply not worth peoples time and effort to go chasing these small sums.

 

Incorrect yet again.... Yes it is true that most people would be relieved that the case is dropped and that is the end of it, but you have publicly stated that you travel up and down the country helping people in court....35 cases in all I believe is your tally.

 

YOU more than joe public must be aware that under CPR Rule 44 that a defendant is entitled to their costs up to the point the case is dropped in the correct manner and is therefore entitled to any costs.

 

Such as loss of earnings capped at £90 per day defending and preparing.

Postage, stationary, photocopying, travel, ink, telephone calls etc...this is what the defendant has incurred which could be substantial, so for you to state in your above post that the claimant simply faxes the court is both incorrect and misleading to the very people you claim to help, and proves your worth.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...