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    • Thanks for that. Should I still apply for a time order or just continue to make payments as normal?
    • Autocorrect typo. For “ admission instructive settlement" read "administrative settlement"
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    • This is the full appeal & response :    You reported that you were the registered keeper but is not prepared to state who was driving at the time the parking charge was issued. You reported that you are being held liable for the parking charge.         You completed the appeal on 09/02/2023 18:19:20. Upon arriving at the shopping centre The driver attempted to park in the disabled bay, which at the time was encroached by another vehicle already parked well outside of their bay, not displaying a badge. Due to the nature of the visit, the driver was required to park promptly and exit the vehicle, whilst displaying the blue disabled badge. Upon appealing, apparently the only thing that matters in this case is the sign post stating the parking bays must be adhered to at all times. Without any recognition for the fact the driver was physically not able to park elsewhere & correctly displayed their blue parking badge     The operator made their Prima Facie Case on 16/02/2023 15:02:06.   The Operator Reported That... The appellant was the driver. The appellant was the keeper. The operator is seeking keeper liability in accordance with PoFA.. ANPR/CCTV was used. The Notice to Keeper was sent on 15/12/2022. A response was received from the Notice to Keeper. The ticket was issued on 09/12/2022. The Notice to Keeper (ANPR) was sent in accordance with PoFA. The charge is based in Contract.   The Operator Made The Following Comments... The vehicle was not parked fully within the confines of a marked parking bay whilst parked in one of the carpark that we manage. Signage displayed throughout the site states "Vehicles to be parked within the confines of a marked parking bay". As the vehicle was in breach of the terms and conditions that are stated on the contractual signage throughout the site, a Parking Charge was issued.  As stated in the NGP initial appeal:  Arrived on site with a disabled passenger & as is visible in photo, we were unable to park in the disabled bay due to the other vehicle in the photo encroaching the disabled bay, meaning my passenger could not physically get out of the vehicle if we had parked between the marked lines. Please see photo for proof of blue badge & photo of parking on the day. Blue badge was displayed whilst parked.  >> We would just like to clarify that upon receiving their appeal, we reviewed the CCTV footage from the date in question and at no point did a passenger leave the vehicle nor is the keeper mentioning these facts to this IAS appeal.  We note that during the appeal process that we were provided with a disabled badge, but not the full badge showing whose badge this belongs to. Nevertheless the driver failed to correctly park within confines of the bay.  However for the IAS adjudicators viewing only we have attached a file titled "PCN 400786" This file shows the events that occurred with the driver on this date.  Please see file titled "Malpas Road Shopping Park" which shows what the signage looks like onsite.  Please see the file titled "Vehicle Location" which shows where the vehicle was parked and where the signage was located near by.         I am satisfied that the Appellant was parked in an area where the Operator has authority to issue Parking Charge Notices and to take the necessary steps to enforce them. A number of images, including a site map have been provided to me by the Operator which shows the signage displayed on this site. After viewing those images I am satisfied that the signage is sufficient to have brought to the attention of the Appellant the terms and conditions that apply to parking on this site.  The signage at this site makes it clear that parking is on private land and that vehicles must be parked wholly within the confines of a marked parking bay and that a failure to comply with that term and condition will result in the issuing of a Parking Charge Notice. I can see from the photographs provided that the Appellant was not parked within the confines of a marked bay, which the Appellant accepts. Whilst I appreciate the circumstances raised by the Appellant, mitigating/extenuating circumstances cannot be taken into account. Simply by parking outside of a marked bay the Appellant breached the displayed terms and conditions and as such I am satisfied that the PCN was correctly issued on this occasion. I have considered all the issues raised by both parties in this Appeal and I am satisfied that the Operator has established that the Parking Charge Notice was properly issued in accordance with the law and therefore this Appeal is dismissed.  Currently appealed 400786 Issued on 09/12/2022 by New Generation Parking Management Ltd to vehicle registration Originally rejected by operator on 02/02/2023
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Very & Little woods - where to start?


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Hi all,

 

I currently have two accounts with shop direct that have been passed on to Lowell for recovery. Very's balance currently stands at £242.01, and littlewoods is £1218.15. I'd like to know where to start, because i've read a few posts saying you can claim back penalty charges placed on your account? For instance Very's balance was £150, and the £90 placed on it is interest/ late pay ment fees/ debt recovery letters etc as I hadn't even used that account for over a year and was just gradually paying it off. Littlewoods would be the same, I'm just not sure on the amount that would be fees.

 

 

Just wondering where I should start off? Any advice would be greatly appreciated.

 

Thanks, Imogen.

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Hi and welcome to CAG

 

As Very and Littlewoods are both part of the Shop Direct Brand, you could send SD a Subject Access Request (SAR) to get all the data from both accounts which would show what charges and associated interest added.

 

This costs a tenner and they have 40 days to comply. Within the documents should show what has been added. What letters were sent and whether the accounts were defaulted correctly or not.

 

Once you have the data, you can the write and ask for these unlawful charges be removed.

 

When did you start these accounts?

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

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Thanks very much for the reply :)

 

Off the top of my head, Very is about two/ three years old, and Littlewoods is 4/5 years old. Im digging through my paperwork now to have a look properly.

 

After looking more at my statements, I've noticed that my penalty fees and interest just from May last year actually equal more then my balance ever was on my Very account. Penalty charges just from May 2013 currently stand at £144 on Very, Littlewoods is £132. Most our insufficent minimum payments charges or debt collector letter fees, though I called them countless times to tell them of my situation but they would not lower the minimum payment on my Littlewoods account.

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Unfortunately, some companies are quite happy to flout the debt collection rules and treating customers fairly. The problem is that you were dealing by phone. Proving what was said in a call is difficult unless they (or you) recorded the call.

 

Everything from now on must be in writing. A formal complaint is required as they failed in the duty to treat a debtor in financial trouble, fairly.

 

As such, all charges such be removed from these accounts forthwith and a suitable repayment plan put in place based on affordability rather than what they want.

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

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So is it worth trying to get all those charges refunded that I've had over the years? Since October they haven't put on anymore charges as its been passed to Lowell. At the moment, I've sent an email to Lowell stating that I am only able to pay £10 pounds off each account pcm.

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Definitley go for reclaiming those charges And interest they put on top of it.

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've sent an email to Lowell stating that I am only able to pay £10 pounds off each account pcm.

As the account is very much in dispute with Shop Direct I wouldn't have made any offer to Lowell. They will just use that as a stick to beat you with... :-(

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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