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    • Probably to do with the Creditor accepting the reduced payments claim as part of the IVA. - Thats my guess anyway.  As for the mount outstanding... 60k is incredible and im pretty sure a DRO wouldnt cover that much even after the new legislation.    For you @Alfy - Please stay headstrong and stop worrying. My viewpoint on debt with debt collectors is simple. You are a figure on a spreadsheet loaded into a database for them to run a collection cycle through.  They dont care about emotions or your situation, they just care about paying off their shareholders and trying to turn a profit.  They use varying tactics to increase the pressure on you to the point where you will break. People then fall for this an either cave in to DCAs before doing their own due diligence on the debts that are purchased or turn to IVAs like you have.    They are better ways to handle this and Im glad you feel better after a good nights sleep - I hope you can keep it up. 
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    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
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Park With Ease


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Hi all

 

I have been reading this forum to try and get some advice for appealing a penalty notice I received for parking in a car park in the Lake District by Park With Ease.

 

I did park in the car park, but the machine was not working and we had no internet access in order to make the payment within the next 48 hours.

 

I parked in the car park on 11 September 2014 but did not receive the 'Penalty charge -Notice to Keeper' letter until 8 October. I have read threads on this forum and seemed to find the fact that PWE had 14 days in order to issue the penalty to the keeper of the vehicle as they do not know who the driver was.

 

Therefore I sent an email to PWE appealing the penalty stating (after reading other threads on this forum):

 

PWE have therefore misrepresented themselves to the DVLA in obtaining the keeper details as the notice was dated after the 14 day time limit.

 

Therefore, I should be grateful if you would confirm that the penalty is cancelled. If not, I will be complaining to the DVLA that PWE have breached the conditions contained in the Protection of Freedoms Act 2012 in obtaining the keeper details.

 

They have now responded saying that I am wrong and they await my complaint to the DVLA as they have complied with all regulations.

 

Now I am not sure if I have not understood the other threads correctly and would appreciate some advice.

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Hi all

 

I have been reading this forum to try and get some advice for appealing a penalty notice I received for parking in a car park in the Lake District by Park With Ease.

 

I did park in the car park, but the machine was not working and we had no internet access in order to make the payment within the next 48 hours.

 

I parked in the car park on 11 September 2014 but did not receive the 'Penalty charge -Notice to Keeper' letter until 8 October. I have read threads on this forum and seemed to find the fact that PWE had 14 days in order to issue the penalty to the keeper of the vehicle as they do not know who the driver was.

 

Therefore I sent an email to PWE appealing the penalty stating (after reading other threads on this forum):

 

PWE have therefore misrepresented themselves to the DVLA in obtaining the keeper details as the notice was dated after the 14 day time limit.

 

Therefore, I should be grateful if you would confirm that the penalty is cancelled. If not, I will be complaining to the DVLA that PWE have breached the conditions contained in the Protection of Freedoms Act 2012 in obtaining the keeper details.

 

They have now responded saying that I am wrong and they await my complaint to the DVLA as they have complied with all regulations.

 

Now I am not sure if I have not understood the other threads correctly and would appreciate some advice.

 

They do not call it a penalty do they?

 

In your appeal did you identify the driver ?

 

They can only chase the driver as they have not followed the requirements to enable keeper liability under the POFA 2012.

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Thanks for the reply.

 

No I did not identify the driver - I literally put what I had in italics in my original post, bar an introduction saying that I appeal the decision.

 

Would you respond? If so, how would you do so? Ask them to think why the think they have followed the requirement under the POFA 2012?

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They are not claiming the keeper is liable are they?

 

They are asking the keeper to name the driver, which the keeper has no obligation to do.

 

I would not respond.

 

Update if you hear more.

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  • 2 weeks later...

Received another letter from PWE, I am sure it is pretty standard.

 

Headed "Parking Charge - Remains Unpaid"

 

It then threatens legal action if not paid within 14 days of the letter.

 

And then gives details on how to appeal.

 

Following on from my post's above I would appreciate some advice on how best to proceed.

 

Thanks

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A simple reply would be that "the keeper of the vehicle did not receive the notice within the time allowed under the PoFA 2012 so there is no keeper liability. Any further communication on this matter should be sent only to the driver. No further correspondence shall be sent to the keeper otherwise a complaint of harassment will be made.

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Probably they will get a tame DCA to write to you with demands to pay a higher amount. The extra money is their slice and has no bearing on any contractual amount owed, even if it was true. They rely on scaring you into paying up to make a few quid they have no entitlement to.

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  • 3 weeks later...

@ericsbrother - you responded to a query of mine on here, called 'Park With Ease'

 

I was wondering whether you could help me out as I do not want to post in that thread at the moment. I cannot PM you.

 

Sorry for posting in this thread.

Edited by honeybee13
Asking for off forum contact.
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@ericsbrother - you responded to a query of mine on here, called 'Park With Ease'

 

I was wondering whether you could help me out as I do not want to post in that thread at the moment. I cannot PM you.

 

Sorry for posting in this thread.

 

Hello courty. We ask that all advice is kept on thread for various reasons. Normally, being anonymous would be enough, but if you think there is something that necessitates sending a PM, you could forward it to any of the site team and ask them to pass it on.

 

HB

Illegitimi non carborundum

 

 

 

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@ericsbrother - you responded to a query of mine on here, called 'Park With Ease'

 

I was wondering whether you could help me out as I do not want to post in that thread at the moment. I cannot PM you.

 

Sorry for posting in this thread.

 

 

please keep things on the forum.

 

 

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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posts moved to your own thread.

 

 

what is your problem please 61

 

 

why do you think you need to PM?

 

 

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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courty61- Have you had a ' debt collector ' letter yet?

 

 

It would be helpful for us to know which one PWE waste their money on...

  • Haha 1
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  • 7 months later...

Hello again.

 

Who's it from please? And can you give us an idea what it says, especially whether it says things like they will start proceedings or they may? It's usually part of the process of trying to wear you down.

 

HB

Illegitimi non carborundum

 

 

 

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It says due to the absence of payment or valid appeal, our client (PWE) has instructed us to recover the total amount due to them as above.As all other attempts have failed, our client may instruct us to take legal action against you in the County Court. It then asks me to make the payment, or write regarding my proposals in respect of the debt. It then details potential additional costs if it went to court and they won - it amounts to over £200

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It says due to the absence of payment or valid appeal, our client (PWE) has instructed us to recover the total amount due to them as above.As all other attempts have failed, our client may instruct us to take legal action against you in the County Court. It then asks me to make the payment, or write regarding my proposals in respect of the debt. It then details potential additional costs if it went to court and they won - it amounts to over £200

 

Who is the letter from?

 

Is it Gladstones? With 'gladstones' as a scribbled signature?

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Key word there. MAY. By that wording, they havent had any instruction apart from "keep chasing".

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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YUP, Gladstones working as DCA.

 

 

No right to demand anything and relying on their Solicitor title to get you to bend over for them.

 

Unfortunately they will claim that it is a different department that deals with each part of the crooked IPC matter

and so a complaint to the SRA will prove fruitless.

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WE've already told you. Ignore everything now uless in the extremely unlikely event you get court papers. There is no debt, but DCA's and their solicitors for hire dont care.

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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  • 2 weeks later...

Another letter received in the post today:

 

Acting on behalf of the claimant and they have been instructed to commence legal action, as I have failed to settle debts or provide valid reason for non payment.

 

They refer to the practice direction for pre action conduct under the civil procedure rules and in particular para 4 of the same which concerns the court's powers to impose sanctions for any failure to comply.

 

It then asks for payment within 14 days or write back saying; my full account of the circumstances that have led to the charges and should include confirmation as to who the driver(s) of the vehicle were at the time of each incident and a current address.

 

It states unless a satisfactory response is provided, we are instructed to start proceedings against you without any further notice in order to recovery the amounts due and costs associated with recovery of them.

 

 

Advice would be appreciated - is it time to just reiterate the facts. fine sent to the keeper too late? or anything else?

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as post 21

 

 

and it is NOT A FINE

 

 

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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Gladstones got their client a spanking in court recently so it is unlikely they will kick off again without referring it back to PWE so you can probably ignore or send a letter to PWE and state that there is no keeper liability under the PoFA and that Gladstones seem keen to lose them money by offering poor advice and refer them to the Parking Prankster blogspot. That should kill two birds with one stone.

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