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    • Yes, I don't think there is any downside to doing this. If they decline then you can say that in your witness statement
    • Ok! Do you still want me to work on that letter you discussed above in post #26?
    • Thank you for posting up the required details and well done for apparently not revealing the identity of the driver. I am assuming you are the keeper? The depth of ignorance of the parking companies is absolutely amazing. The Protection of Freedoms Act 2012 Schedule 4 is the law relating to private parking and allows those rogues to be able to transfer the charge from the driver [whose name they do not know] to the keeper after 28 days . This is dependent on them complying with the Act. So many of the don't and Alliance is no different. It would help if we could see what you appeal was and to post the back of the PCN as it is lacking so much of the wording necessary to make it compliant so that in your case only the driver is liable to pay the charge. And of course just entering the ANPR arrival times means that they have failed to specify the parking time which is a requirement..  Because the car park was so busy you had to drive around for quite a while before finally finding a place to park which is when the parking period may  actually begin. The poor dears at Alliance have not grasped that particular part of the legislation as yet. To be fair the Act has only been in place for 12 years so one must make allowances for their stupidity . We shouldn't really mock them- but it is fun. You weren't to know but the chances of winning an appeal against Alliance and the IPC is around 5%-and that is high for them. If they allow you to cancel they lose the chance of making money and they would have had a field day when you were there with so many people being caught overstaying because of the chaos in trying to find a parking space then trying to pay.  Your snotty letter could go something like this- Dear Cretins, Yes I mean you Alliance. After 12 years one would have thought that even you could produce a compliant PCN. Did you really think I would pay you a penny extra considering the time I wasted trying  to pay with  long queues at the parking machine, then trying to get a signal to call Just Park. On top of that you then had the cheek to ask for an additional £70 for what dubious unspecified pleasure? You must have made a killing that day charging all those motorists for overstaying because the queues to pay were do long and even walking to pay from the over flow parking fields takes time. And yes I did take photos of the non existent signs in the fields so please don't give me the usual rubbish about your signs being clearly visible. Oh yes that £70. Please tell me and the Court whether that charge included VAT and if it did, why am I being charged to pay your vat? I am sure the Judge would look carefully at that as well as the Inland Revenue. The truth is you had no reasonable cause to ask the DVLA for my data given the chaos at your car park and I believe that you therefore breached my GDPR...................... I expect others will give their views as well.          
    • opps this is going to get messy then if they don't refund. you should never keep util accounts in credit.
    • https://www.rac.co.uk/drive/news/motoring-news/new-private-parking-code-to-launch-in-the-uk-later-this-year/ The newly created gov petition 'Immediately Reintroduce Private Parking Code of Practice' is from Stanley Luckhurst, the 85-year-old old Excel Parking took to court. Excel lost the case and the pensioner's been campaigning for regulation of PPCs since this unpleasant experience. https://www.bucksfreepress.co.uk/news/24085471.gerrards-cross-pensioner-takes-nightmarish-private-parking/ I would urge anyone on this forum who supports the petition statement "We believe the private parking industry is trending toward anarchy and must be brought to order by re-launching the Government Code immediately" to sign and share it. 168 signings at 4pm today https://petition.parliament.uk/petitions/660922 If the gov new parking code is not launched before parliament dissolves (for the general election) then the legislation is at great risk of being shelved. And we'll be stuck with ATAs new joint code which does not address motorists issues such as a cap on parking charges, debt recovery or an independent appeal process.  https://www.parliament.uk/site-information/glossary/wash-up/
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Catalogue Charges court claim


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Hello

 

I think I have to take Ambrose Wilson to court to get my late payment charges back.

 

I have been writing to them since the summer

but they just ignore everything I send them.

 

They ignored my information request and endless reminders for a list of charges,

 

so I had to file a complain with the ICO.

 

I copied Ambrose Wilson into the email I sent to the ICO and then got a reply from AW within 24 hours with full list of charges!! :-x

 

And a denial that they have been ignoring me saying that they had sent them months ago

(lies! They never wanted me to have them until I forced them to by complaining to the ICO)

 

I asked for my charges back using templates from here and they have gone back to ignoring me again.

 

So I gave them 7 days notice of legal action and no response again.

 

So I am having to take them to court .

 

I have a few questions please.

 

* Do I claim against Ambrose wilson or JD Williams and Company Ltd?

 

* Have I got the interest they have charged me correct?

I have calculated using 34.1% on the interest spreadsheet.

It says 2.84% on my statements which I assume is every 28 days.

I can't remember where I got 34.1% annually from.

 

* I need particulars of claim. I have found some on this thread here

http://www.consumeractiongroup.co.uk/forum/showthread.php?349051-Very-NDR-catalogue-PENALTY-charges-reclaim-filing-for-court/page3

page 3, post #53

But you are only allowed 1080 characters which I don't think will fit???????

 

Thankyou in advance for your help

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You should be able to reduce your online claim to the amount of characters permitted. You can then send a fully particularised claim to the defendant.

 

I will ask someone to look in on you with further advice.

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Hi Avo,

 

A look at the catalogue site of Ambrose Wilson shows this in a Legal Notice:-

 

J D Williams & Company Limited trading as Ambrose Wilson

 

That is the full name I would use on claim form Form N1.

 

Using the converter here, I get an APR of 39.94% or a non-compounded figure of 34.13% - http://www.stoozing.com/calculator/apr-rate-converter.php

 

I'd use the higher figure and a compound interest spreadsheet, if claiming restitutionary interest.

 

:-)

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Dont forget to claim interest at taxation- which is legal verbiage for adding interest on money owed at 8% simple interest

so, if you have paid penalty fees and charges of £100 18 months ago you claim the £100 plus £12 interest and further interest at 2p per day from the date of the court claim.

Calculate what was paid when and then add the interest. They may well wish to remember where their cheque book is then and offer the refund you were originally claiming.

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If Avocados claims restitutionary int't, there's no justification for claiming s.69 Stat'y Int't on top, apart from claiming it from the date of claim up until settlement.

 

An easy way to calculate the daily rate at 8% is to multiply the total claimed of interest and charges (but not court fees) by 0.00022.

 

:-)

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  • 1 month later...

I did receive a response from them saying that they reject my complaint. But I am sure it was weird saying write back to us if you don't agree with the decision?

 

I received this about a month ago but I have not had chance to get back to it, but I think I should reply with a Letter before action and see what they say to that. I'll post up the exact wording shortly when I find it.

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Hi Avacados,

 

The LBA is simply your Prelim letter sent again with an updated Schedule of Charges and interest, plus the heading of Letter Before Action.

 

While you wait for the final 14 days, research about taking court action, and the Particulars of Claim.

 

:-)

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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