Jump to content


  • Tweets

  • Posts

    • Feeling tempted to cancel it now but scared that some of the debts will do more Ccj on me and I'll have to wait 6 years again.  2 of the Ccj come of this year and then I'll only have the iva in credit file - so effectivly if I'd have not took out the iva I 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years so as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off.    My true victory would be having the iva wiped off my credit file as misold or something that way I. Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -    Other option is to try and borrow money and pay make a full and final offer    Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting    It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 account Lowel about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway    If I can somehow remove the iva from my creitt file I'd be happy   
    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say 
    • India has one of the world's fastest growing economies but the benefits are yet to fully reach the poorest.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Parking eye court papers !!!!!!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3833 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

This was passed onto me earlier to help someone who i couldn't help in court, its just a very basic over view and it may help you

 

Arrive at court at least 15 mins before the scheduled start time, give your name and case number, and you will be asked to sit in the waiting area. You may well find the PE representative there, if you speak to him, admit nothing.

 

The Judge will call you in, and everybody sits round a table. As you are an unrepresented defendant, The Judge may well explain the procedure to you.

 

Always address the Judge as Sir (or Madam), and be polite and respectful towards the Judge and the other side (even if they aren’t).

 

The Claimant is first asked to present their case, during which the Judge may ask them questions. At the end, you will be asked if you have questions for the claimant, see below (unless the Judge has already covered any of these).

 

You then present your case, and the Judge may ask you questions, also the Claimant may ask you questions at the end.

 

The Judge will then summarise the proceedings, and give Judgment in favour of either the Claimant or Defendant. He may then ask if there are any costs to be claimed, and make an Order which requires one side to make payment to the other within 28 days.

 

Presenting Your Case:

 

Questions the Judge, or the Claimant, may ask you:

 

Q. Were you the driver at the material time?

A. Yes I was, and this has never been in dispute.

 

Q. Why didn’t you reply to any of the Claimant’s letters?

A. All the advice on consumer websites, and that given by a Solicitor on BBC Watchdog, was that Private Parking Tickets were simply speculative invoices, designed to mimic real parking tickets issued by local authorities. The advice was to ignore all their threatening letters, as the whole thing was a [problem] based on misrepresentation of authority.

 

Q. Did you get your defence from one of the online anti-parking forums?

A. If I had engaged a solicitor or barrister, the cost would have been more than the amount of the claim, costs which would not be recoverable in a case on the Small Claims track. I have taken free advice from a number of sources, and have myself spent a considerable amount of time researching contract law and case transcripts.

 

Q. Do you consider that you have any obligation towards the Claimant?

A. No, because the Claimant is attempting to impose unlawful penalty charges, as shown in my Defence Statement.

Link to post
Share on other sites

  • Replies 116
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

This was passed onto me earlier to help someone who i couldn't help in court, its just a very basic over view and it may help you

 

 

Oh my god....Kirkby if this is the best you can do, I was right all along, and you have the cheek to private message the public trying to convince them YOU are the be all and end all of parking companies, good chance this poster will Lose.......

 

That is not a personal attack, it is based on your questions and answers........

 

It is not a criminal offence to use forums and social networking, and identities cannot be proven therefore, whether or not Mummsy got her defence off the internet or off the CAB is of no matter and can refuse to answer that question....

 

Also as I have posted, PE patrol forums to gather information about potential vulnerable motorists, as stated in the job description I posted up. So therefore they are also using Forums to issue speculative claims for which they have issued thousands, to abuse the court process to extract money

 

Others will be along to help with issues relating pofa and genuine pre estimate of loss

Link to post
Share on other sites

Yes I will continue to offer most advice for court cases off forum on pepipoo and mse as do a large group of us.

 

To the op: what I've offered you there should simply help you along the way. I am sorry your thread has been hijacked by this person

If you don't wish to use that crib sheet it is entirely your choice

Link to post
Share on other sites

Let's proceed with a bit more decorum. You two having a slanging match does not help anyone particularly the OP. If you want to continue to rant at each other then start a thread here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?23-Bear-Garden

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Thanks for the advice but my head is now cabbaged!!!!!

On my letter from the CC its states I have to "serve and file copy documents"

Call me stupid but what are these?????

I've done my witness statement and so has my mum

Link to post
Share on other sites

  • 3 weeks later...

Hi Kirkbyinfurnesslad....

 

just wondered if there was any chance of a chat as I am in Barrow and received a very aggressive call from Parking Eye's debt collectors Debt Recovery Plus Ltd threatening Court Action....

 

Not for me but employee who was in company vehicle at time of the alleged offence and there are some issues I would like to discuss which, if correct, will be helpful to others...I will not post here because I suspect PE monito these sites etc...

 

Thanks

 

Ray

Link to post
Share on other sites

Oh dear...was hoping for a chat...

 

However, I will follow the situation here and see if I can glean any help...been doing lots of research top the point of it being too much ...so becoming confused as I have other things to do as well as this.!

 

Not sure if there is any way to private message here?

 

Ray

Link to post
Share on other sites

Hi Kirkbyinfurnesslad...many thanks.

 

I will look at pepipoo as my friend also recommended.

 

I have changed my original posting following the comments from the magician below.

 

Ray

Edited by RayGuselli
Link to post
Share on other sites

Hi Kirkbyinfurnesslad....

 

just wondered if there was any chance of a chat as I am in Barrow and received a very aggressive call from Parking Eye's debt collectors Debt Recovery Plus Ltd threatening Court Action....

 

Not for me but employee who was in company vehicle at time of the alleged offence and there are some issues I would like to discuss which, if correct, will be helpful to others...I will not post here because I suspect PE monito these sites etc...

 

Thanks

 

Ray

you suspect parking eye monitor this site! surley not.

it,s an open forum if your not gonna post on here why are you on here ???.

Link to post
Share on other sites

Hi The Magician...

 

I do want to post here but as it is an open forum was simply being cautious....in view of that have amended my post/reply above.

 

My concern was that as we all try to assist each other that as defences are identified, Parking Eye will simply close, or attempt to close them at court.

 

Not sure how that can be avoided but simply wanting to ensure anything which might help others was not immediately made available to PE....but I appreciate the drawback of an open site.

 

Hope you see my logic.

 

Best wishes

 

Ray

Link to post
Share on other sites

Hi The Magician...

 

I do want to post here but as it is an open forum was simply being cautious....in view of that have amended my post/reply above.

 

My concern was that as we all try to assist each other that as defences are identified, Parking Eye will simply close, or attempt to close them at court.

 

Not sure how that can be avoided but simply wanting to ensure anything which might help others was not immediately made available to PE....but I appreciate the drawback of an open site.

 

Hope you see my logic.

 

Best wishes

 

Ray

pe can, & do troll this and many other forums but they cannot change statute laws,many of which we use to defend these trumpted up speculative invoices.

bearing in mind there are thousands of posts prior to yours,so one would assume that unless you have come up with some amazing new evidence to beat all ppc's hands down you will not be posting anything new to these forums.

Link to post
Share on other sites

PE (and now Napier) even go to the trouble of printing off pages from forums and presenting this at POPLA and at court as some sort of "evidence" of wrong-doing by the motorist. Their twisted logic is that the motorist has asked for advice from people more knowledgeable than them, and that is a "BAD THING". That's a bit rich from the likes of PE who usually send a solicitor (or four) to battle it out against a lay person in court.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...