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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
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I'm getting harrassed for someone elses debt


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I moved into a Housing Association property two years ago,

 

 

the previous tenant racked up a fair bit of debt,

 

 

parking fines etc and then did a moonlight flit.

 

 

I have been writing and e mailing the various DCA's and bailiff firms in a vain attempt to get the deluge of threatening letters stopped to no avail.

 

I've already e mailed/faxed copies of my tenancy agreement to all concerned but the letters keep coming.

 

What's the best course of action?

 

 

I'm seriously thinking of sending them all a final letter stating that I'll be charging for any further correspondence

and suggesting that if they can't (or won't) accept proof of who I am

 

 

the best course of action would be for them to proceed with legal action and let the county court sort it all out.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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A formal complaint to each DCA or creditor preferably made to a specific company office e.g. the managing director or CEO of the company concerned.

 

 

The requires the company to filly investigate and respond within 56 days once you have their final responses then if the harassment does not cease it will be easier to take this to the next level.

 

 

Another alternative is a " Letter Before Action" pointing out what is happening and what you require the company to do to prevent you issuing court action.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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I had the same problem when I moved into my property.

 

The previous tenant had debt, and I was getting their mail, I simply, marked the envelopes ''RTS NOT KNOWN AT THIS ADDRESS'' and put them back in the post.

 

I still get letters every now and them for them, I just read them and laugh, then bin them.

If I'm bored I might even give them a ring and bait them for a bit, all in all, there is nothing they can do, and isn't really anything to worry about.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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A formal complaint to each DCA or creditor preferably made to a specific company office e.g. the managing director or CEO of the company concerned.

 

 

The requires the company to filly investigate and respond within 56 days once you have their final responses then if the harassment does not cease it will be easier to take this to the next level.

 

 

Another alternative is a " Letter Before Action" pointing out what is happening and what you require the company to do to prevent you issuing court action.

 

Agree that you need to deal with this, otherwise it will drag on for ages. If the previous tenant had criminal fines unpaid, it might get to the stage where bailiffs are threatening to break in.

 

Perhaps the Housing Association can help you, by sending a letter to the people writing to you, saying that the tenants Mr X moved out of the property address on x date. It is then an official letter that might be taken more seriously.

We could do with some help from you.

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Agree that you need to deal with this, otherwise it will drag on for ages. If the previous tenant had criminal fines unpaid, it might get to the stage where bailiffs are threatening to break in.

 

Perhaps the Housing Association can help you, by sending a letter to the people writing to you, saying that the tenants Mr X moved out of the property address on x date. It is then an official letter that might be taken more seriously.

 

Been there already, told them feck off on more than one occasion Rossendales are the worst, I emailed their CEO with proof of ID and a copy of the tenancy, they're still hassling me. Most (if not all) of these debt collectors have been sent proof of tenancy, and I even taped a copy of the agreement to the inside of the front window!

It seems that with every week that goes by I get another demand for money for the previous tenant, it's just getting on my nerves now. The HA won't send out any third party info, so no help from them.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Been there already, told them feck off on more than one occasion Rossendales are the worst, I emailed their CEO with proof of ID and a copy of the tenancy, they're still hassling me. Most (if not all) of these debt collectors have been sent proof of tenancy, and I even taped a copy of the agreement to the inside of the front window!

It seems that with every week that goes by I get another demand for money for the previous tenant, it's just getting on my nerves now. The HA won't send out any third party info, so no help from them.

 

Well it appears you have done as much as you can. Your address is obviously the only address they can find for the previous tenant and so they will keep sending letters there.

 

I would just send the letters back 'return to sender addressee not at this address', unless you want to send recorded complaints to each company. I don't think the ICO or FOS can do anything. You could take these companies to court citing harassment and claim relevant compensation. People have done this and won before, but you would need evidence of a large number of communications which have caused you distress.

We could do with some help from you.

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Actually

 

Under the DPA one of the principles is that data MUST BE ACCURATE

 

The wrong address is not accurate and therefore you migth want to investigate an ICO complaint that way.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I think you've been tackling this the wrong way. They have your address as the residence of the debtor. They clearly think he may still be living there - so showing them a copy of your tenancy agreement doesn't really address the issue. It proves you live there - it doesn't prove he does not. Council Tax for the current year is much better as it is a legal statement of who lives there. Give that a try. It may be the end of it.

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I think you've been tackling this the wrong way. They have your address as the residence of the debtor. They clearly think he may still be living there - so showing them a copy of your tenancy agreement doesn't really address the issue. It proves you live there - it doesn't prove he does not. Council Tax for the current year is much better as it is a legal statement of who lives there. Give that a try. It may be the end of it.

 

I must agree this is correct way to go.

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