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    • I notice that you haven't addressed my question as to whether sweatband.com have actually refused to take any responsibility for this now.
    • Thanks! I've had several successes in the past 4 years or so which stemmed from a financially difficult part of my life around 2011/13. Basically I was financially trapped with Quick Quid, in a cycle of increased borrowing, during this I'd opened three catalogue accounts: Studio, JD Williams and Simply Be , 2 credit cards (Aqua and Barclays) and was juggling finances. In that time I had got 2 CCJs plus 2 defaults so things were pretty tight. I was using most of my available credit until things eventually became unsustainable. When I moved house I used the deposit to pay off Quick Quid and got into arrangements to repay the catalogues. The credit card limit was still rising until 2017 when I borrowed the balance of nearly £6000 from a family member and cleared the Aqua card. The Barclaycard had already defaulted. In 2017 I began action for irresponsible lending against Quick Quid. Basically they could not show the criteria they used to make lending decisions  and kept lending to me so I won the case. I was refunded all interest and fees  and charges plus 8% pa. When it was upheld it gave me the confidence to challenge JDW and SB. These were also upheld and they had to repay interest, fees and charges plus 8% from the second credit limit increase which amounted to about £1200 each. I challenged Aqua where my redress covering 6 years fees, interest and charges accrued to nearly £9000.  Barclaycard was not upheld but the default was moved back to an earlier date meaning it expires sooner.  All my IRL cases succeeded because none of these companies could prove that they had diligently checked my financial history. My credit report clearly showed that I was using a high or at limit proportion of available credit and that I'd accrued two unconnected CCJ's and 2 defaults throughout the lives of these accounts. Whether they should have given me the accounts in the first place was also brought into question but it was the sustained but gradual increase of CL's time and time again without proper checks. JDW were unable or unwilling to show the ombudsman what criteria they used. It only appeared that because I paid on time they continued to offer increases where in reality I was actually juggling finances like a fine balancing act.  It would appear that the FOS are looking at catalogue debt as I know when my cases against JDW and SB were being investigated they mentioned this.  My case against Studio should conclude soon. I was curious as to why now Cabot are trying to cut their losses by offering such a hefty discount. I can only summise that Studio are trying to buy back the debt for less.  
    • They have made an offer  Remind them in no uncertain terms that under CONC they are responsible for the conduct of their agents , (research and quote this) and negotiate a payment plan of their offer As dx says we really need all the details to understand the full picture 
    • Ben Gulliver saw a chance to make money, selling items people struggled to get during the pandemic. View the full article
    • The New York Stock Exchange has already changed its mind several times about delisting the companies. View the full article
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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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Since they are an official body, I like to think they do know what they are talking about.

 

Agent? The land owner has asked the agent to enforce on their behalf. The contract is still in place.

 

It maybe a small amount of money but didn't the official body for parking associations set the limit as £100. For me they have set expectation on this matter, but saying anything up to £100 is possible.

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[quote name=

 

By parking on their private land, you enter into contract law with them, and you agree to their rules parking on said land.[/quote]

 

There is NO contract If it went to Court and the "Parking Co. were asked to produce the contract between the "Land owner" and them selves. They have nothing to produce.

So there are "No rules".

I will ask again . How can you accept this as OK ?

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Since they are an official body, I like to think they do know what they are talking about.

 

Agent? The land owner has asked the agent to enforce on their behalf. The contract is still in place.

 

It maybe a small amount of money but didn't the official body for parking associations set the limit as £100. For me they have set expectation on this matter, but saying anything up to £100 is possible.

The PPC has to have a contract with the landowner stating they have the authority to pursue any driver/reg keeper to court. Then an alleged contract is formed by signs put up by the PPC with the driver.

 

 

The BPA are a trade organisation. They can say any sum they like, but the law is clear.

You brought citizens advice up,so read it. I'll quote it again;

 

Parking and contract law

 

Parking on private land is all about the law of contract. If landowners allow you to park on their land, you enter into a contract with the landowner. If you break the landowner’s parking rules, you break your contract with the landowner. You might do this by not paying, staying longer than the time you have paid for or parking in the wrong place.

If you park without any permission at all you are trespassing.

If you break the parking rules private landowners can issue a parking ticketlink3.gif and recover the losses they’ve suffered. These losses are likely to be a small amount of money

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im going to assume that most companys do not have a contract with the land owner as they have a contract with the leaser of the property instead

intresting loophole that

 

although i can see the point about why should we help people that do it deliberately im also going to point out that i doubt people would admit to doing it deliberately

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Personally, I've never been entirely convinced by the 'contract must be with the landowner' argument. I do see the rationale but personally I don't see any real reason why the contract can't be with the PPC or why the PPC can't act as an agent for the landlord (although of course the PPC might find it very difficult to prove that it has suffered loss).

PLEASE HELP US TO KEEP THIS SITE RUNNING

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There is NO contract If it went to Court and the "Parking Co. were asked to produce the contract between the "Land owner" and them selves. They have nothing to produce.

So there are "No rules".

I will ask again . How can you accept this as OK ?

 

The contract doesn't have to be in writing. So long as the signs are clear and unambiguous a contract can be formed simply by someone parking on the land - and thus performance has taken place.

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Personally, I've never been entirely convinced by the 'contract must be with the landowner' argument. I do see the rationale but personally I don't see any real reason why the contract can't be with the PPC or why the PPC can't act as an agent for the landlord (although of course the PPC might find it very difficult to prove that it has suffered loss).

 

From what I understand, since the whole landowner debacle many PPCs have updated their contracts with landowners.

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From what I understand, since the whole landowner debacle many PPCs have updated their contracts with landowners.

 

Which we have yet to see proof of at POPLA or court.

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I have a disabled badge and I use disabled bays whenever one is available. Would I use a mother and child spot if the disabled bays were full-no! I would park where there were two spaces so I could open my door wide to get out. I feel that is the 'moral' thing to do.

 

We all know that lines on a supermarket car park are graffiti and have no status in law.

 

Have I seen some able bodied person park in a disabled way and use the cash machine-yes! Annoying-yes! Illegal-no. Unlawful-no!

 

I spotted a statement on the website of A S Parking in Cornwall where they state that the charges they levy go to the running costs of the company. The landowner do not get charged nor do they get a cut of the fee.

 

If there was a charge that was around £20 which would include admin fees then I feel that would be about right but the punitive charge they levy cannot be a pre estimate of loss.

 

If the PPCs were more moral, would be be too?

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You gonna answer my point renegade? How do you quantify a loss where someone has parked in a disabled bay.

 

 

How do you manage/monitor a disabled bay with ANPR cameras?

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  • 2 weeks later...

I still think that if you park and you know the what is going to happen if you park incorrectly t still choose to do so anyway, then you deserve the extortionate fees involves. Yes they are high, but park properly and you won't pay a penny.

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You should get a job with a PPC porky.

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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I parked in a free private car park today. The signs are all over and they are very clear. People cannot miss them and only do so when they want to. The signs clearly state you will be shanked if you choose to break the rules. It's common sense renegade, it really is? Have you had one of these pcn's?

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Porky.... i was joking. Everyone has their own opinion of whats right and wrong. However, we have to advise according to law and regulation. Not simply morality. If we took your stance, then PPC's would become millionaires overnight as they issue tickets for anything at all.

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

:D

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No I don't think so. Another way it could go is people would learn from their mistakes and park correctly next time, which will benefit us all. Parking notices go down and then they are needed to be enforced as much. You ever notice how many of the threads start "my son/daughter parked in this car park"......well they will never learn from it because they have been given a loophole to try and avoid paying it. They should have thought about it before they parked is a disabled spot or across two spaces, or parked there and went to the gym......

 

Don't get me wrong, people who a victims of circumstance like the person had an accident in a car park, meaning they overstayed. I get that they need advice and help. It's the people who do it purposely meaning you and I need to park elsewhere due to their ignorance, and then get help getting out of it. It's so wrong.

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Technically they are parking correctly. Any markings on private land are purely grafitti and have no relevance in law. THAT is one of the reasons PPC's cant do what they do. Put this together with the fact they cant claim what they try as it doesnt reflect their costs.....

 

It's like saying the rogue clampers should never have been banned. PPC's in car parks, especially FREE to park, car parks should never be allowed to charge anything ever, for any reason. I can understand your viewpoint, but again, the law is the law and PPC's regularly ignore it. PE being a prime example.

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

:D

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I still think that if you park and you know the what is going to happen if you park incorrectly t still choose to do so anyway, then you deserve the extortionate fees involves. Yes they are high, but park properly and you won't pay a penny.

 

 

And what about the morality of the PPC that is defeated in court due to these costs being a load of bull, where is the morality of the PPC's who then keep trying to get these immoral sums from the unwary.

 

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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thread tidied.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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And what about the morality of the PPC that is defeated in court due to these costs being a load of bull, where is the morality of the PPC's who then keep trying to get these immoral sums from the unwary.

 

 

dpick

 

Unwary? Don't make me laugh. Have you seen the signs at these sites? They are very clear about what will happen if you don't park considerately.

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They are very clear yes. But they have no real relevance porky. Thats what i think you are glossing over. Yes, if the signs are clear then the driver would be in breach of the 'contract' that was offered upon entering and using the car park. However, the part where PPC's arguments fall apart every single time, is where they try to claim astronomical charges that have no relevance in reality. Even the courts know this and get pretty angry when a PPC comes along and tries to use them as a form of debt collection. If it was £20 or similar, then the judge would agree and possibly make an order for payment.

 

However, the PPC charges over £100. Often 1000% or more above the price of an actual ticket. They cannot claim it as costs either as they would be paying those costs regardless of if they caught anyone. Not to mention it is a PENALTY charge which is unenforceable under law.

 

Theres no other way to put it. They are not in any position of authority in any sense of the word, so they cannot issue penalty notices.

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

:D

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Unwary? Don't make me laugh. Have you seen the signs at these sites? They are very clear about what will happen if you don't park considerately.

 

 

By unwary I mean the poor people that pay them and do not know any better and would you answer the original question where are the morals of the PPC with the unenforceable costs and penalty charges.

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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The only way you will meet one of these extortionate costs is if you don't park as requested whilst on private property that is private land. If you park as requested by the land owners, you won't have to pay a penny, no?

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That paint is very shiny.....

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

:D

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