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    • to frighten and intimidate you most probably. don't engage.   have you done your WS yet? needs doing in the next 7days    
    • I just got the same response from Hermes below. What would you advise I do next?    "I am sorry you have had to contact us regarding the delivery of your parcel.    I have looked into your concerns and understand that as as you selected the maximum compensation level of £300 Hermes cannot exceed this amount as per your contract.   So that we can process this as quickly as possible for you, we kindly request that you send us some details:   - your bank sort code - your bank account number (the short one, not the long card number) - your name as it appears on your bank card   Once we have received the above information, we will send you a further email once the payment has been processed. This can take up to 5 working days to reach you   Please accept my apologies for the frustration this has caused you.       If you require any further assistance, please don’t hesitate to contact us."  
    • Hi had a call today and the number is associated with Moneyboat why would they be calling this close to the court hearing? Any ideas welcomed    Thanks G
    • Hello   In my view  a self imposed bankruptcy is not necessary.   Your friend just has to accept the situation he is in and set things up to deal with it.   I think that by following a plan off filing everything, saying nothing and letting the Creditors do all the work he will come out of it in the end.   He may need to get his girlfriend on board but once he understands what these creditors can (and cannot do) it may well become less of a worry and more of a sport!   In post #8 you asked for the stages of collection so based on my experience since 2006 I will give you the various stages and make some other comments:   You fail to meet a payment date:- the creditor writes a reminder letter You ignore the letter, they send another letter and possibly emails, SMS and phone calls, all of which are ignored. The cycle continues for a period of time with a number of letters arriving from the creditor. Sometimes the case will be handed off to a Debt collector for a time which is nothing more than a company set up to make phone calls and write automatic letters. They have no power and can be ignored. At some point the creditor will issue a Default notice. This is legally important to the Creditor (but not necessarily important to your friend as it is required by the consumer credit act before any other action is taken. It will give a date by which you must do something usually to pay the arrears. If you don’t pay the arrears then you are in Default and they can go to the next stage. After a period of some months account closure usually follows. It is unlikely the Creditor will take legal action. After a period of time where you continue to get periodic letters and communications from various debt collectors the debt is sold typically for 10p to 15p in the £ to a Debt buyer. This might take six months or as much as a couple of years. You receive a “goodbye” letter from the creditor which says it has sold the debt to the buyer. You receive a “hullo” letter from the debt buyer which tells you that I now owns the debt. Sometimes the above two are in the same envelope.   The debt buyer will start out very friendly but will then get more aggressive. Even at this stage it is best to ignore them. They will sometimes offer you an amount less than the full value to get a quick profit from their purchase. You might want to take advantage of it but I take the view that if they had a strong case to get everything why would they settle for less? They know they have a weak claim when you get this kind of letter. At some point they will do an assessment on you to decide if it is worth taking court action. The bigger the debt the more likely it is, also if you are seen to have assets such as a property or shares. They will start by instructing a solicitor to send a Letter Before Action. This states what they think you owe them and gives you a set amount of time to pay it or respond with payment proposals. It may be wise to respond at this point but best to refer it to this forum for proper advice on what to do. After you fail to respond to the above they will pay a court fee and issue a County court Claim. You will receive a claim pack from the court with a number of sheets of paper; the claim itself, an acknowledgment of service, a defence form. The claim is usually created on line with the solicitor typing in the details. The Court then automatically prints and sends the claim pack. As a result it will not have any supporting documents such as original agreements, statements or anything else. IMPORTANT: this is the first document you absolutely must respond to. First thing to do is find the paper that says acknowledgment of service and send it back. This gives you 28 days to respond instead of 14. If you don't do this or immediately defend then after 14 days you will automatically loose. After this you are into the world of defending the claim which is usually very defend-able as the Solicitor has in all likelihood not provided you with any documents. This is because neither he nor his client have any and they will have to go back to the original lender to get any and very likely they will not get them. (In my own experience I helped a friend by writing to ten creditors asking for copies of the original agreement and not one came up with anything). It is possible you could loose the case in which case you still owe the money and are not much worse of than before because the creditor still has to collect it and without assets it will take a long time to pay off.   Overall, though I don’t think it is a great idea to be in debt, given the extent to which your friend is buried my advice is to consider the old adage “If you owe a tenner it is your problem, if you owe Ten thousand it is their problem”.   To that extent I would follow this plan:   Save all correspondence including the envelopes they arrived in. Do it in chronological order and have separate folders for each debt. As a rule, ignore everything unless it comes from a solicitor or the Court. I cannot stress this enough. Be a black hole into which letters, emails, texts and phone calls disappear, never to be answered, replied to or spoken to in any way. Some people just cannot shut up! Make sure your friend does! The exception is if your friend changes address in which case write to every creditor (or debt buyer that has bought the debt) and advise of change of address WITHOUT signing the letter as such, just type the name at the bottom.   (This is so they don't send court documents to the old address). In most if not all cases that will be it. Just keep filing until six years have passed or five in Scotland. This is because after that time the debt becomes statute barred and the courts will not consider it as it has become too old. (The statue barred date begins 14 days after the date of the Default notice mentioned above and six years after that it is all over for court action). In one or two cases a Court Claim may be made in which case defend it which is a whole other ball game but basically ask them for proof of the debt which they very likely cannot provide, if they can provide challenge it's enforceability,  mostly it's game over for them.   Your friend can start to get on with his life if he follows this plan and learns to accept that these debts are not necessarily the millstone he thinks. He can live within his means and have a good and fun life which is what he deserves. The original creditors have accepted some money from the debt buyer so presumably are happy and the debt buyer will make a profit across the whole bunch of debts he bought even if he makes nothing from your friend so he is happy. If nether of them are happy then they should not have got themselves into the situation in the first place.   As always I finish my comments by saying I am not a legal professional just a guy that got into to trouble in 2006 and learned a lot of this stuff along the way.   I welcome any comments from other CAGers, particularly if they spot any mistakes.
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Parking overstay **Won at POPLA**


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Parked up at 6,28 pm last night.

 

Notice at entrance stated

0 24hrs £2,50 and

0 16 hrs £3,00.

 

Arrived back at car at 9,17am and

 

to my surprise a ticket inspector was taking my reg no etc.

 

I checked my ticket and

 

the time stated on it was 9,am.

 

By my calculation I didn't exceed 16 hrs agreed when I entered the car park.

 

Is the advice still to ignore?

 

Cheers

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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If the ticket you bought covered the parking period, then I think you should send a letter of dispute stating the facts.

 

Your post suggests that it is cheaper to park 24 hours, than it is for 16 hours ?

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You should wait for the notice to keeper through the post if this was on private land. This should be after 28 days of the windscreen ticket, but before 56 days. What company is the ticket from?

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Who owns or manages the car park, in other words, who issued the ticket? very important as the advice you get will depend on that information.

 

Excel manages the car park on eyre street sheffield.

Edited by paulwlton
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An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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If the ticket you bought covered the parking period, then I think you should send a letter of dispute stating the facts.

 

Your post suggests that it is cheaper to park 24 hours, than it is for 16 hours ?

 

The sign states £3,00 up to 16 hours however, I've been on the site and this equates to 17,00 until 9,00am. The sign doesn't mention this

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hmm Excel is it a P&D machine where you need to input your reg No?

 

However wait for the NTK then appeal.

 

Yes P&D with reg no.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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What reason for issue did they put on the ticket

 

I didn't get a ticket, the inspector took car details and took my picture when I got in the car.

 

I'll go and take a photo of entry sign later today.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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If the ticket you bought covered the parking period, then I think you should send a letter of dispute stating the facts.

 

Your post suggests that it is cheaper to park 24 hours, than it is for 16 hours ?

 

Sorry it was 0 - 12 hours £2,50

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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  • 1 month later...

I've challenged the £100 PCN by email - no doubt I'll get the knock back. Would I be right in saying the next step thereafter would be an appeal to popla?

 

Cheers

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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I've challenged the £100 PCN by email - no doubt I'll get the knock back. Would I be right in saying the next step thereafter would be an appeal to popla?

 

Cheers

Yes, make sure they supply a POPLA code in their response and do a robust appeal.

 

Remember it's not about what happened on the day, you need to challenge their legal right to issue charges. Do not attempt a POPLA appeal without doing research, come back here to get it checked before you submit it.

 

With the right appeal you are 100% guaranteed to win.

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Yes, make sure they supply a POPLA code in their response and do a robust appeal.

 

Remember it's not about what happened on the day, you need to challenge their legal right to issue charges. Do not attempt a POPLA appeal without doing research, come back here to get it checked before you submit it.

 

With the right appeal you are 100% guaranteed to win.

 

Thanks. Will do.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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What reason for issue did they put on the ticket

 

I didn't get a ticket, the inspector took car details and took my picture when I got in the car.

 

I'll go and take a photo of entry sign later today.

 

 

 

You have just received a Notice To Keeper in the post? You didn't get a Notice To Driver though?(windscreen ticket).

There is so much wrong with all this....

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  • 1 month later...
Yes, make sure they supply a POPLA code in their response and do a robust appeal.

 

Remember it's not about what happened on the day, you need to challenge their legal right to issue charges. Do not attempt a POPLA appeal without doing research, come back here to get it checked before you submit it.

 

With the right appeal you are 100% guaranteed to win.

 

They've refuted my contention that the charge is penal in nature and plead "reasonable charge for liquidated damages"

I've received the POPLA verification code so, I guess I appeal online now. Is it best to use a template or create your own arguments?

Cheers

PW

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Read the threads here, there are more than a dozen successful appeals that go for demanding that the parking co show an actual schedule of loss or a genuine pre-estimate of loss, whcih they all fail to do as it isnt their land so have not suffered a loss by your actions.

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You can add that you paid the prescribed fee but the RECEIPT FOR PAYMENT didnt make it clear what the paid for time was and the signage for the parking terms was confusing and thus the contract claimed is not formed as it cannot be an offer to be considered. This addresses any claim for loss of income for the overstay- you paid for 24 hours and you didnt get that.

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Read the threads here, there are more than a dozen successful appeals that go for demanding that the parking co show an actual schedule of loss or a genuine pre-estimate of loss, whcih they all fail to do as it isnt their land so have not suffered a loss by your actions.

 

The letter states "we have calculated this sum as a genuine pre-estimate of our losses as we incur significant costs in managing the parking location. A full breakdown of loss will be provided at the request of a judge"

 

The fine is £100 but discounted to £60 if payments made before 20 march. My question is if the £100 is equal to their losses then by ONLY requesting £60 they are out of pocket!

 

Is it best to appeal to POPLA using the relevant law on penalty charges only?

 

Cheers

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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