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    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
    • 1 Date of the infringement 16th March   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received unsure   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.   Have you had a response? [Y/N?] post it up Yes, rejected:   Site: Sea View Car Park, PL27 6SR Date of Event: 16th March 2024 We are in receipt of your challenge in relation to the above Parking Charge. Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error. As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'. 'The Contract' also details that there is an exception for those with a valid mobile session in place. Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'. Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined. We note that you have submitted evidence of payment; however, said payment is not for this location. It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay. In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter. Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to. Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter. 7 Who is the parking company? Alliance Parking LTD   8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall   For either option, does it say which appeals body they operate under. IAS Hi there, thanks in advance for any help on this.   Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense. I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.) I only had receipts for two instances so I assume the first it didn't go through as had terrible signal. Paid £60 for one of the fines. Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.   Have now received the attached letter of claim. I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance. LOC-alliance-1.pdf Apologies, 2nd page of LOC here. LOC-alliance-2.pdf
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Hello, i,ve been looking for advice and help as am at my wits end! My son had an on street fine which we never received a summons for. The fine officer ignored me so I wrote to the finance unit and got a reply saying letter forwarded to court. Today out of the blue a final notice has been delivered by hand asking for £385 by 7pm today or they will attend again and take control of goods. I cant afford the original £75 and last time I had financial problems I ended up in hospital as I overdosed, i,m mentally weak atm and struggling. Can someone advise what to do as i,m worried they will be back tonight and charge even more.

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So they can take his stuff? even though I,ve brought it for him? How do I prove what is his? guess his motorbike will be first thing then :-( Just dont understand how it is now in baillifs hands and £385. It will take me months to pay it off!!

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At the time it was his 17th birthday and he was fined for his motorbike exhaust noise, he's now 19 but a little too molly cuddled!!!

 

Thank you for that. Do I take it he still lives at home with you?

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This is part of the classic act by Enforcement Agents (Bailiffs) whereby they up the ante and hope a parent will pay the fine.

 

You say there was no notification of the summons - have you checked to see what address including postcode they used? Have you had any letters at all from the Court & if so what? How long ago did this happen?

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Well I would pay if I had the money, hence my worry as know another visit incurs further costs. They did not come back today as stated but unsure now when they will just turn up, which is worrying me a lot. His motorbike is currently in the garden as I cant afford to mot it so they wont say its worth£1600 and probably take it and want more money. He was given a blue slip at the time and told me a few weeks later. I intended to write and pay but have had a breakdown as parted with my husband not long after.... been a mess since which is no excuse I know. We first got a letter at xmas but it was sent to the wrong number house which I presume the summons went to. I have been in touch explaining, last letter was in March from the fines office at the court saying my letter would be passed on to the court and there would be another hearing, the court would contact me, nothing since. Then this final notice from a baillif.

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Well I would pay if I had the money, hence my worry as know another visit incurs further costs. They did not come back today as stated but unsure now when they will just turn up, which is worrying me a lot. His motorbike is currently in the garden as I cant afford to mot it so they wont say its worth£1600 and probably take it and want more money. He was given a blue slip at the time and told me a few weeks later. I intended to write and pay but have had a breakdown as parted with my husband not long after.... been a mess since which is no excuse I know. We first got a letter at xmas but it was sent to the wrong number house which I presume the summons went to. I have been in touch explaining, last letter was in March from the fines office at the court saying my letter would be passed on to the court and there would be another hearing, the court would contact me, nothing since. Then this final notice from a baillif.

 

I think you need to contact the Magistrates and bailiffs to explain your situation as you have posted. About not recieving correspondence and your health situation. This is a vulnerable household and once the Magistrates and bailiffs are aware of this, they will have to offer more help. If they handle this properly, your Son should be asked to attend the court for an assessment of how is can pay the fine.

 

See if you can find an email address for the Magistrates and bailiffs to send them the information.

We could do with some help from you.

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Under the new regulations that took effect on 6th April the 'amount due' comprises the amount of the debt from the court and any fees incurred up to the date of payment. Accordingly, if payment were made (or a payment proposal put forward) at the Compliance stage (during the period when the initial letter is sent) the only fee payable would be £75.

 

If however payment is made at the time of a personal visit (or after the visit) an 'enforcement fee' of £235 is added to the debt.

 

A further important point to be aware of is that under the new regulations better protection is provided to 'vulnerable' debtors in that

if there is supporting evidence or explanation (of vulnerability) then all companies will return the case back to the Compliance Stage and remove the Enforcement fee of £235. The only fee that would then become payable would be the £75 Compliance Stage. The account would NOT be returned to the court /creditor and there are excellent reasons for this. We have had many cases where the 'enforcement fee' of £235 has been removed and this provision does appear to be working.

 

The problem in this case is that it is YOU who appears to be vulnerable but it is your SON who is the debtor. However there does appear to be some confusion regarding the summons and it is possible that this important document had been wrongly addressed to a different house number.

 

Your son's bike should be 'exempt' from seizure and this again is due to two important parts of the new regulations. Firstly there is a limit of £1,350 to the value of goods and secondly (and most importantly for your son) is that new additional protection has been given to students. The actually wording in the regulations is:

 

'For use personally by the debtor in the debtor's employment, business, trade, vocation, study or education'

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TT, for info, I believe that whilst an exempt claim could be made it would not be successful as it the bike is not MoT'd.

 

Further, this is the sons debt and it should be him that is paying it.

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Thank you everyone for your replies, I have spent all day trying to sort this and am crying my eyes out trying to cope. Just to update you, the central finance unit were really helpful and put the case on hold after my letter in march. They got back in touch with the court 16th June who said they had sent appeal papers out to me but heard nothing back so the finance unit escalated it to Marstons and I cannot go back to them. The lady I spoke to looked at the records and suggested I phone the court as the address given to them was house number 31 - 34 and maybe the summons and appeal papers went to 31 and I could do something called a statutory declaration??? but she cannot stop Marstons now. When I finally got hold of someone at the court they admitted papers had gone to wrong house number and are now sending me new appeal forms to correct address. They said to inform Marstons case is under appeal and to get these papers sent back to court asap,.

Marstons still want £400 plus if they revisit and said they need to hear from the court that it is under appeal. I explained mentally I cannot cope with this and they said my son should do it then and not me ..... by the way the enforcement officer is not on the certified register either but they had nothing to say about that.

So will the appeal papers make it go back to £75 and keep Marstons away?

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He needs it to get to college but I cant afford to mot yet, my son has no income and is still like a 16 yr old due to my over protectiveness. I am on the disabled register as have to have 24 hour care to stop self harm as when overwhelmed I have panic attacks and cannot cope. Briefly put it sounds pathetic but I seriously

cant help myself atm.

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Your Son could go to the Magistrates to explain the situation to them about the papers (summons & appeal) going to a wrong address and that he needs help . He also should explain about the vulnerable household situation. The Magistrates court staff should help him with this.

We could do with some help from you.

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Thank you unclebulgaria for that .... unsure if i,ll be able to get him to do that!!! I was hoping the appeal papers will come tomorrow and I could fill them out explaining and offer to pay the £75 with it, so it ends and Marstons will not be able to persue anymore???

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Its better to head to the court. It can all be handled there and then. The Bailiff will not care about how you feel. They just want the money.

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..

 

 

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Sorry it seems i have spent all day going round in circles, I felt a little less worried after talking to the person who said they had the incorrect address and would send out ppapers tonight but now I feel it is pointless. Am I wrong thinking Marstons will have to back off now?

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Thank you unclebulgaria for that .... unsure if i,ll be able to get him to do that!!! I was hoping the appeal papers will come tomorrow and I could fill them out explaining and offer to pay the £75 with it, so it ends and Marstons will not be able to persue anymore???

 

If they come tomorrow, you could do that and return them marked urgent. If you do that, you could phone Marstons to ask them to check with the court someone Wednesday or Thursday that they have the appeal papers in. That should put matters on hold.

We could do with some help from you.

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I,ve not seen what the appeal papers say yet but i,m hoping I can fill them out explaining about the wrong address etc and that I am not arguing about paying the fine, I would have paid it in the beginning if the first papers came here, I just think that the situation isnt my fault, it is the courts and very unfair to send out an aggressive man demanding £400 to the right address but not the paperwork!!! Do the appeal papers allow me to put whats happened down and that I will pay £75 for my sons fine but not the money Martons want?

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Only the courts can call them off. Thats why you need to deal with it properly and quickly.

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 also complained to Marstons but they say they have done nothing wrong, they did not comment about me asking if the collector was acting illegally as 1 he is not registered and 2 he left a final notice demanding payment or goods by 7pm Saturdaay but did not return and charged me for doing so. I am waiting on an email back from them.

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Only the courts can call them off. Thats why you need to deal with it properly and quickly.

Thank you reneadeimp , thats what i,m asking, will the appeal papers that are being sent, allow me to do that???

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hello again. sorry to be a pain but I received the appeal paper today and its 1 page,, and an appeal to the crown court from a magistrates court with a couple of questions that don,t relate to me, there isnt enough space for me to write an explaination either. Have I got the wrong form? Or can someone aadvise me what to put please?

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