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    • doesn't matter you've admitted about the DN and anyway where have you done that and to whom?   by assignment arrows are the creditor regardless to your acking of that fact or not.      
    • Just ignore the letter.   Block/bounce their emails or let them come through so you know what they're up to, and keep us posted.............   😎
    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • For PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH       For either option, does it say which appeals body they operate under. Yes    …………………..     This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.      My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.    POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.   docs1.pdf
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danny1210

Marsden continue chasing dead debt **Resolved - Stat Dec accepted**

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Hi,

Hoping you lovely people will be able to give me some advice as I'm having terrible trouble with Marsden debt collectors.

 

Around three months ago my Polish girlfriend moved in with me

having been a UK resident for around three years)

when she did so i told her to switch her details with the DVLA for her address which she did.

 

Having done that it seems she flagged up on Marsdens list for a speeding ticket that had been sent to a previous address,

the short version is she had 4 changes of addressing 1 year and was out of the country for several months caring for her terminally ill mother in Poland.

 

she never received the original speeding fine as she had moved and not notified as she wasn't at a fixed address.

 

the first we knew of it was when Marsden sent a letter saying she owes £1055 !

 

I contacted them right away to find out the details etc..

. and i took my girlfriend to court to make a statutory declaration to say she had never received the fine in the first place,

the court said the bailiffs would be notified and the procedure of the court case would start over again.

 

That was the end of it from Marsden, or so we thought.

 

We received her paperwork from court saying we had a new court date (november 4th 2014)

of which we would attend and tell them what happened.

 

However today Marsden have been back to our address with very threatening attitudes

saying the court hadn't contacted them so they were still under contract to collect.

 

i tried to contact Poole magistrates court but i just get stuck in a round and round automated phone system.

 

i explained all to the Marsden bailiff who called me a liar and said it all still stands.

 

I have a photocopy of the statutory declaration and the new court papers etc..

but couldn't show them as they were with my girlfriend at her work.

 

How can i stop Marsden coming back

 

 

they said its not up to them to contact the court but at the same time i can't get hold of an actual person to speak to at court ?

 

Thanks in advance, Danny

Edited by citizenB

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I have popped a little spacing into your post to make it easier to read.

 

I think all you can do is photocopy all the paperwork as soon as your girlfriend gets home and if the bailiff turns up again, show it to them. (or perhaps email copies to them) I think courts are notoriously slow with their administration at the moment.


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Thanks.

Can they actually force their way into the property ? as its owned by me as are all the contents and the debt/speeding fine is from my girlfriend who has moved in with me.

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As I understand it, no they cant. You are not responsible for your GF's debts and they cant take stuff belonging to you to satisfy those.

 

I have asked others on the site team with more knowledge to look in and advise and there are many other caggers who have more knowledge of the bailiffs (or enforcement officers as they are now called). They will likely look in later on as most of them have day jobs :)


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As I understand it, no they cant. You are not responsible for your GF's debts and they cant take stuff belonging to you to satisfy those.

 

I have asked others on the site team with more knowledge to look in and advise and there are many other caggers who have more knowledge of the bailiffs (or enforcement officers as they are now called). They will likely look in later on as most of them have day jobs :)

 

Thats very kind of you, thanks very much for your help.

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moved to the enforcement forum.

 

 

if its a mag fine for speeding

then yes they do have powers of entry.


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however get onto the court first thing

and get the wolves called off.

 

 

a copy of the SD and new court date should sort them if they do return.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Thanks DX,

 

 

I have both so will see what they say.

 

 

Getting hold of the court however seems pretty impossible,

 

 

I tried constantly all day and just get lost in their automated system. :(

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Thanks DX, I have both so will see what they say. Getting hold of the court however seems pretty impossible, I tried constantly all day and just get lost in their automated system. :(

 

Danny,

 

Please keep the forum advised of the response from the court.

 

 

I assume that the court have made an error and failed to advise the enforcement company.

 

 

Given that this appears to be a genuine error

 

 

if you are having difficulty with getting through to the court

 

 

then please do post back as Marston Group need to be contacted asap to get this account on 'hold'

 

 

whilst the matter is being investigated.

 

 

A site team member could assist with contact details.

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so how did you do?

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi,

No contact from Marston Balliffs by 2 o clock so

 

 

phoned them to ask if they had spoken to the court,

she said she had and would know within the hour.

 

One hour later i phoned her again and she said she would know any minute and phone me.

 

Another hour passed - i rang again and she wouldn't pick up - i left a voice mail.

 

Another hour passed,

i phoned again and left another voice mail stating that i had the statutory document with the court signature

and the new court papers and that i wanted to arrange a meeting tonight so they could drop the case.

 

2 minutes later i received a text from the bailiff,

the court had agreed that i had signed the statutory agreement and they had accepted it,

no explanation as to why Marsdon hadn't been informed or an apology.

 

Text also said the matter was now closed.

 

Victory :)

 

 

thanks to everyone who helped.

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Excellent news :)

 

 

 

2 minutes later i received a text from the bailiff,

the court had agreed that i had signed the statutory agreement and they had accepted it,

no explanation as to why Marsdon hadn't been informed or an apology.

 

Sadly you will receive neither an explanation or an apology :(

 

But at least it is sorted now.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Well done for persevering, I'm pleased for you. :)

 

HB

 

Thanks very much :)

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Good result - another success to notch up on the headboard!

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