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    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 Was there a dispute with the original creditor that remains unresolved?  No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No
    • It’s all with current lenders and no missed payment to date. so with any reduced payment to them it’s likely to be going to debt collectors at some stage. we jointly own a property together me and my partner 
    • It’s all unsecured loans and credit cards. Mainly loans now though as most credit cards are paid off.   so 95% unsecured loans.   I just don’t know my situation job wise it’s almost impossible to say whether it’s likely or not just don’t want to be caught out by it. My mental health trying to pay this off has taken a huge hit also if I’m being honest. I feel like mentally I need some kind of respite and the credit file cost is something I can accept also. 
    • Depends on whether part of the roof needs to be replaced and whether it is a standard roof type,  but the works should only take a day or two. Someone I know had a whole semi-detached roof replaced in about 12 hours. Suggest you put it in writing to the business about the issues you mention in your post.  Also as business premises, you could also apply pressure by contacting local Council if necessary. 
    • Thank goodness it's not your roof and you get to foot the bill! How big are these bits of mortar? How often are they falling into your garden? Hourly, daily? Just go ahead with your plans, of course, they're not going to be worried by your time pressures and the urgency of the situation, so simply carry on as you would have done and I'm sure everything will go fine. Unless there is a danger to life and serious structural issues which mean you cannot venture into your garden, then IMHO there is little more you can do less for what you have done so already and made them aware of the issue.
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athena parking charge***Appeal Success***


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cant send the photo, my phone and email isnt recieving them, even tried from a different account.

will an appeal work without the photos?

The sign you posted up seems to refer to a contractual sum.

The rejection letter refers to a 'failure to comply', which is breach of contract.

Two different things. The sign on the actual car park dictates what the charge is supposed to be.

As we can't see the sign, you will have to cover all bases in your appeal... which everyone probably should anyway.

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  1. Damages or contractual charge: Parking charges are issued either as a breach of contract (damages) or as a contractually-agreed sum. It is important that you identify which it is, since different rules apply, and therefore your appeal may be worded differently. For example, if it is for damages, then the parking company must be able to demonstrate a genuine pre-estimate of loss (see section 19.5 of CoP). If it is issued as a contractual charge, then the parking company must be able to demonstrate it is not punitive or unreasonable. One tactic parking companies use in their POPLA evidence is to make it ambiguous which it is; in this case you should try to cover both angles of attack in your appeal.

To cover everything, you have to state in your appeal to POPLA that you want Athena to show the genuine pre estimate of loss to the landowner that this charge represents.(Breach of contract).

Can Athena demonstrate that this charge is fair and reasonable? And where is the option to pay on site if the driver wishes to stay for more than one hour?(contractual charge)

Can Athena prove, by proof of sight of the contract, that they have the authority to pursue this parking charge notice.

You can log your appeal on the POPLA website so the code doesn't time out, and add to it later if you need to.

 

 

(The quote above(1.) is from the parking cowboys website.)

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I looked at the bottom of that sign. "All profits will be donated to charity"

 

On the assumption that they say the charge covers the loss, how can there be any profit?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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are those the 3 points i can use, contractual charge, breach of contract (preestimate of loss) and proof of contract? or are there others aswell.

i would like as many points to cover the appeal as i have 2 to do. and in easier language aswell, i dont really understand all the big words :???:

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are those the 3 points i can use, contractual charge, breach of contract (preestimate of loss) and proof of contract? or are there others aswell.

i would like as many points to cover the appeal as i have 2 to do. and in easier language aswell, i dont really understand all the big words :???:

 

Anyone?

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1. Is the charge a contractual charge, or for breach of contract?

 

 

2. Can Athena show that the charge is fair and reasonable, and not punitive. Where is the option on site for the driver to pay to park for more than 1 1/2 hrs?

 

 

3. Can Athena show a full break down of the genuine pre estimate of loss flowing from any alleged breach of contract? Obviously business running costs do not apply.

 

 

4. Can Athena show , by proof of sight of the contract , that they have the authority from the land owner to pursue parking charges.

 

 

5. Signage states that all profits are donated to charity. How can this be possible if the charge is damages?

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thank you. i just have to write those 5 points in my own words then and send the appeal?

 

Yes. If the invoices you got in the post don't name who the creditor is, add that as well. For not complying with the BPA code of conduct.

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how will i know if they mention a creditor or not. they havent used the word in the letter after the appeal.

 

also i am confused at to whether the charge IS a contractual charge, or for breach of contract. it mentions terms, and they say they have 'appropriate contractual authority'.

im getting really confused now :???:

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these are the points i have got. do these sound alright? is there anything i should add, or any i should remove? im not sure about the 4th one as i was confused about the first point you made armadillo71

 

Please provide a full breakdown of genuine pre-estimate of loss to the land owner that this charge represents.

Please provide proof that this charge is fair and reasonable, and not punitive.

Please provide proof that an option is on site for extra stay parking, for those wishing to stay above an hour.

Please provide proof that the charge is a contractual charge or for a breach on contract.

Please provide , by proof of sight, that Athena ANPR Ltd have a contract that authorises them to pursue parking charge notices.

Signage at the site states that all profits are donated to charity. How can this be possible if the charge is for break of contract/damages?

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Do not respond to them I repeat do not respond to them.

 

My wife and I have had several of these these tickets from different [problem]sters.

 

In every case,

4 so far

I have dealt with them in this way.

 

In the meantime look them up on the register of data controllers on the net easy to find.

 

You need their address which should be on the letters of course,

It is easy to do If they are not registered they have no right to obtain or process your data because it is illegal to do so.

 

Bingo one of the few contraventions of the DPA that is actually an offence.

 

Send a letter send to the Data Commissioner and demand that refers the matter to the DPP with a view to prosecuting the offender.

 

Send another letter to the DVLA data controller and ask why the have allowed an unregistered data controller to procure your data.

 

Explain that this has caused you harm and distress which is unlawful under the terms of the Data Protection Act.

You could sue them both for damages

 

If they are registered just ignore them as I said.

 

They get fed up after about 3 months and 4 or 5 nasty letters.

Do not be intimidated by them, they are bullies just out for your money.

 

So if in doubt take proper legal advice.

 

Please caggers note that Capital 2 Coast Parking Management are not registered as data controllers.

 

If you have been contacted by them re a parking issue they have obtained and processed your data illegally Inform the Commissioner and demand action as above.

Regards and good luck Pavi

Edited by stu007
Removing 'However I am just a barrack room lawyer'.
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thanks.

 

i have submitted both appeals. i used 5 points (thanks armidillo71). i also uploaded the photo my hubby took of the sign.

on one of the appeals i pressed the wrong option so had to submit it twice, but i have emailed them to rectify this.

i have saved all emails recieved in my drafts (where i keep important emails) and a copy of the email which i also sent them.

 

thanks for the help recieved. when i get the emails back from popla i shall come back on and share how the appeals went.

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To all caggers and site team who come from the new age. For your erudition and future information the term "barrack room lawyer" is a used in jest. That is a person who is totally unqualified as a lawyer

" laying down the law to his comrades in the barrack room" sic. Thus my use of the term in my posts, which I shall continue to use in future.

With regard to the parking issue. The POPLA appeals! this is just a kangeroo court set up by the parking industry for their own ends.They have no legal mandate to "hear appeals" The more their gullible victims deal with them the bolder they become and consequently the more difficult it becomes for those of use trying to bring them to book. To illustrate my point, how many of us early caggers would have reclaimed our bank charges if we had dealt with the Retail Bankers Association? count them on the fingers of a mitten. Compared to the millions using our more robust methods. As regards parking cowboys my score is 4 nil to me. Perhaps those who advocate the kangeroo court to tell us theirs!

Regards Pavi the barrack room lawyer.

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To all caggers and site team who come from the new age. For your erudition and future information the term "barrack room lawyer" is a used in jest. That is a person who is totally unqualified as a lawyer

" laying down the law to his comrades in the barrack room" sic. Thus my use of the term in my posts, which I shall continue to use in future.

With regard to the parking issue. The POPLA appeals! this is just a kangeroo court set up by the parking industry for their own ends.They have no legal mandate to "hear appeals" The more their gullible victims deal with them the bolder they become and consequently the more difficult it becomes for those of use trying to bring them to book. To illustrate my point, how many of us early caggers would have reclaimed our bank charges if we had dealt with the Retail Bankers Association? count them on the fingers of a mitten. Compared to the millions using our more robust methods. As regards parking cowboys my score is 4 nil to me. Perhaps those who advocate the kangeroo court to tell us theirs!

Regards Pavi the barrack room lawyer.

 

Start your own thread for the advice you clearly need.

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  • 1 month later...

hello again. i got 2 emails from poola today regarding the appeal. it reads as follows

 

The Appellant appealed against liability for the parking charge.

The Assessor has considered the evidence of both parties and has determined that the appeal be allowed.

The Assessor’s reasons are as set out.

The Operator should now cancel the parking charge notice forthwith.

It is the Appellant’s case that the parking charge notice was issued incorrectly.

The Operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were.

Accordingly I have no option but to allow the appeal.

 

both emails say exactley the same, so they didnt even fight the case. thankyou for all your help with this, just glad its over now.

 

kelly

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