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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Doesnt matter what the reason was. In the end they have to justify the charge as a genuine estimate of loss. They cant. If they asked for a fiver or tenner, then they could win. But they dont. They try and claim MUCH more. All PPC's do. They're just the rogue clampers that got banned and decided to set up PPC's in carparks instead.

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Course it matters, if the op was using private land to avoid paying elsewhere. Supermarket car parks are for people to park and shop. The one near us is abused by football fans on matchdays, people who wanna shop can't get parked because it is full of football traffic. **** take.

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You are talking about morals now. The supermarket/PPC still needs to prove the PCN is a genuine estimate of their loss. Morals wont factor into it.

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This place is devoid of morals sometimes. I wonder how often people are advised how to get out of stuff, when they are in the wrong. Not saying that is the case of the op until he says how he came to be in breach of morrisons parking rules.

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Sigh. Oh well. It's easy for the OP to get out of this. As i said before, someone with more knowledge them me or porky will be around soon.

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. I wonder how often people are advised how to get out of stuff, when they are in the wrong.

 

??????

 

ALL of the time.... We all "Breached" the parking terms.... We are here to "help" not "judge"

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??????

 

ALL of the time.... We all "Breached" the parking terms.... We are here to "help" not "judge"

 

It's best to ignore strange posts like that f16, especially given his post history.

 

Lets focus on giving the OP the info that they need to solve the issue they came to CAG for.

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What's wrong with you breached the terms you agreed to by parking there, you live with it.

 

Question, would you advise somehow how to get out of a fine for parking in a disabled spot, when they weren't entitled to use it?

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What's wrong with you breached the terms you agreed to by parking there, you live with it.

 

Question, would you advise somehow how to get out of a fine for parking in a disabled spot, when they weren't entitled to use it?

 

Easy. In a supermarket A PPC cannot issue a fine. In a supermarket the bay markings are purely graffiti and have no relevance in law.

 

You seem to be very misinformed on whats going on and prefer to stand on morals instead.

 

 

Now, i will 100% agree with you if the person in question did this all the time and stayed there for hours, say for example, they went to visit a relative and used a disabled bay as a parking space. However, we are not talking about anything like that. Therefore we deal with the facts we have, how it pertains to law/regulation etc etc .

 

Again, morals does not factor into this at all, and our continued discussion (argument? ) about it is simply serving to derail the thread away from helping the Op solve their issue.

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This thread contains a discussion from another thread discussing the morals of private parking

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

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If you wish to continue the discussion, please do so with respect.

 

EDIT:

 

Oops. Sorry, forgot to re approve the posts.

:behindsofa::bolt:

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Basically the point I was trying to make are that those who choose to park wrongly and know the consequences of doing so somehow try and exploit loopholes with the aid of some on here advising on legal get outs to avoid paying up. Surely if someone has abused the system (even the harsh world of private parking) and isn't a genuine victim of the system, then they should face the consequences of their actions. Albeit harsh consequences, as in the case of topics like these.

 

For example, someone might post they got caught on ANPR. They don't state the alleged offence (as most don't) and it could be something such as parking in a disabled bay and they weren't entitled to use the space. Surely they should be paying the fine for being lazy etc, rather than being told on here how to get out of paying. I don't think that the CAG should be used in cases like this and the facts of the offence should be established before advice is handed out willy nilly. I know you guys don't like to judge, but surely you don't want to be helping people in these circumstances.

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It is very difficult on any forum to get the full story.

 

I shop at Morrisons and occasionally have a meal at the cafe (they do good meals BTW) and I do go over the limit so I could get a ticket however, the Morrisons I go to (Pakefield in Lowestoft) do not have ANPR, just a 'parking warden' and he is quite lax.

 

I agree that people who park all day should be targeted but for the occasional slip up and the punitive charge should be challenged on every occasion.

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It depends on the situation. If someone is taking the mickey by staying there for hours and hours then fair enough. If someone has overstayed a short time while using the shops then I think a fine is not really justifiable.

 

 

Personally I don't like the concept of these £100 charges because they are completely disproportionate. It is an attempt to get a small number of people to subsidise the parking of everyone else - kind of like punitive bank charges.

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That's my point though steam powered, people asking for help without explaining what the alleged offence is and people advising blindly means you could be helping anyone try and get out of any offence. Personally although the cag is here to help, people who do this don't deserve it, so I wouldn't advise until I knew the facts of the situation. I understand genuine cases need help and that probably makes up the majority, just don't understand the negative reaction when all I asked was what the offence was.

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There is no offence though. Thats the overriding point and why the thread is about MORALS. As i said to you in a PM, i agree with what you said, but we have to advise based on legislation/regulation etc. Not purely out of sheer morality.

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So on another thread, somebody who has already admitted to guilt, is being advised to appeal parking in a disabled bay despite not being entitled to do so. That is wrong and exactly the kind of thing I was talking about. Surely the person should be taking it on the chin and be using a normal spot next time. I can't see how this forum should be used to evade fair penalties.

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Everyone is entitled to contest an offence. That is their legal right. Go and read the thread again instead of skimming it.

 

It clearly shows advice on how to contest it. Not us saying youre guilty so we're not helping.

 

If you want to do that then there are plenty of other forums around.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Why would you want to help someone who has parked like that? I can't get my head round it. Makes my blood boil when I see people abusing spaces not intended for them and to help others. They deserve what punishment they get and it doesn't happen often enough to eradicate the problem.

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So on another thread, somebody who has already admitted to guilt, is being advised to appeal parking in a disabled bay despite not being entitled to do so. That is wrong and exactly the kind of thing I was talking about. Surely the person should be taking it on the chin and be using a normal spot next time. I can't see how this forum should be used to evade fair penalties.

 

First off this thread is about the morals of private parking. Wasn't the thread you mention for a council issued pcn so the above post is off topic?

 

It seems from reading the posts properly that she wants to do that as a result of all the hassle and errors made by the council.

 

The OP has said all the way through that she was happy to pay the initial ticket and of course it is up to each individual whether they wish to appeal a ticket or not.

 

I mention this in the interests of balance.

 

Here is the thread referred to...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?404544-Urgent-advice-required-Bailiff-letter-delivered-today-(Parking-ticket)&p=4501075#post4501075

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Okay, it was created initially with the basis of private parking in mind. Maybe not legally, but morally, private and council pcn are the same when it comes to issues such as parking where you aren't meant to.

 

Sure everyone has the right to appeal, but where there is guilt then they should be left to it and hopefully the appeal isn't successful. The bottom line is if you can't do the time, then don't do the crime. The op in that thread could have took the last disabled spot and it could have been your grandparent or disabled user who was denied a space as a result. It could have been mine, it could have been anybody's and it would definitely have been someone's.

 

Don't get me wrong, where people have been penalised wrongly and there is no infringement then surely that is what the appeal basis is for. Not for people to appeal who have parked wrongly and should be penalised. Exploiting loopholes serves no purpose as to the point of the penalty which is ultimately to stop people doing it again.

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I respect your opinion but simply do not agree with you. I do not agree that morally private and council PCN are the same. Private parking fines are a way of minimising the cost of operating car parks. Companies like Parking Eye do the job for peanuts, and they do it through penalising a small number of people. I think this is wrong - if a landlord wants to offer free parking he should pay for it. If he doesn't then everyone should pay the cost. The law says that contractual penalty charges must be proportionate to the actual loss which is suffered: there is a very good moral reason for this. It isn't fair to let the majority get free parking paid for by a minority being forced to pay disproportionate penalties.

 

It is the same principle as banks using disproportionate charges to subsidise the operation of current accounts. This is fundamentally unfair - either the bank should accept that it is a free service or else split the cost fairly (as in many other countries which often have a e.g. £2 monthly charge to have a current account).

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