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    • Hello All   Update   As per post #83, I had mentioned that for some unusual  reason, there had been two deadlines from the court for responding, namely the 18th of January 2021 and 1st of Feb 2021.   With everyones great help I filed in the response by the18th of Jan 2021. I think I was bit concerned that the claimant, Mike Ashley may use the second deadline as a chance to add a supplementary statement in response to my defence.    Well, Mike Ashely has in fact does exactly this. He has responded and filed a supplementary witness statement and has responded to all the defence points. He has addressed most the issues I had raised in my defence.     His Supplementary WS is dated 30 January 2021 and his solicitors emailed it to me on the 17th of February 2021.   Not sure what to do, but he seems to have amended everything which i could have used as a loophole leaving me with the thought of , should we have waited till the 2nd deadline ie 1ist Feb2021 and submitted the defence rather than the 18th January 2021. this would have deprived him of the chance to response with a supplementary WS. Thats what really had a worried me and I raised it a few times on this platform.     Not sure now because he has kind of amended a few things, removed the incorrect exhibit ( where the signages had belonged to a different site, and called it a clerical error).   Will post his redacted supplementary WS later as at work now.   Thanks all
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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I Parked at the rear of Argos whilst I went straight to Argos to pay for the item.

 

 

It had already been ordered on line.

 

 

I was gone for no more than 5 or 10 minutes.

 

 

When I returned to my car, there was a UKPC parking charge on the windscreen.

 

I had parked a few yards away from the collection entrance as there was already a car there, and I didn't want to block any ones way.

 

 

It was a Sunday and very quiet. There were plenty of other parking spaces available.

 

The ticket on my windscreen states "A Parking charge of £ is outstanding" ....... there is no figure printed there,

but if you look VERY closely, the printed amount is on the line below and mingles with further text so cannot be easily seen.

 

I have a receipt from Argos for the item purchased, whose date and time is one minute away from the one on the parking ticket.

 

I went back into Argos to complain, but the girl said it was nothing to do with them as it was not their land.

 

 

I've also contacted Argos help on line .... and been told to sort it out with the parking company. I've also rung CAB for their advice.

 

I've read some of the threads on here and feel more optimistic.

 

 

Am I right in thinking that I need to wait for UKPC to write to me before doing anything?

 

 

I realise that this would mean I might have to pay the £100, rather than the £60 (which is buried in the text)

 

Any help gratefully received.

 

 

Whatever the outcome though, my view of Argos has plummeted.

 

 

Also, an elderly gentleman who parked at the same time as myself, got a parking ticket too.

 

they must have been rubbing their hands together that day!

 

The signage did say do not leave your car unattended,

but I assumed that Argos owned the land,

and being as they tell you to go around the back,

that it would be alright to park there to pay for the item.

 

Apologies for the length of this, but I wanted to give all the facts.

 

Thank you

 

P.S.

The area I parked in has signs saying "No Unauthorised Parking". It was not a car park you bought a ticket to use.

 

My parking Charge states "Parked in a permit area without displaying a valid permit"

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await the NTK and appeal using any old reason.

 

 

dog had to go use the toilet in argos or anything.

 

 

you are after the popla number

 

 

then use your receipt.

 

 

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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Hi and welcome to CAG,

Just to confirm what DX has said. He is right!

 

You are under no obligation to name the driver so when you don't respond, they have to get your details from the DVLA. It may only cost them £2.50 but 'every little helps' :lol:

 

Once you get the notice to keeper, you can do a 'soft' appeal as all you really want is that POPLA code. This then costs UKPC £27+ which they cannot pass on to you.

The fact you were there on business and the fact the Genuine Pre Estimate of Loss is zero, they will have a damned hard job to get it past the appeals process.

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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its not a parking ticket

read it properly

 

 

its a speculative invoice

 

 

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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Thank you Silverfox1961,

I'll do what has been suggested on this site, and try not to think about "what if I fail" ...... for that is how they manage to get all that money out of people. I'm sure that the elderly gentleman who had a fine / invoice at the same time as I did, would go on to pay it. I, on the other hand was Livid! I'm actually MORE cross at the lack of help offered by Argos. I can't help but feel that I'm left with a nasty taste in my mouth.

If I had a business, I would be mortified if my customers had to go through this, and would want to help them every step of the way. Still ....... you have to experience the rough to appreciate the smooth in life eh?!

Thank you once again for your support. it is much appreciated.

No doubt I'll be back to double check that my wording is all correct when I communicate with these .... errr ...... (trying to think of suitable / printable adjective) ..... disreputable creatures!

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Ok, you understand it is not a parking ticket so that removes the worry from the equation. As they slapped a ticket on the vehicle you wait for a notice to keeper to be sent through the post This has to arrive between 29 and 56 days after the event or it is not valid. When you get that letter and if it arrives in time you then appeal the charge to the parking co. The first thing I would say is that the demand does not say what it is for, it does not mention why or how the driver is supposed to have broken any contract and thus the demand for payment for a breach of contract is legally a nonsense. Any attempt to now invent a cause for action will be strongly refuted. You can add that the time the vehicle was parked was well within the discretionary period allowed by the BPA's Code of Practice and you will be copying your appeal to them for their response.

If they then fail to cancel the charge come back here and say why they claim it is valid and we will advise on the next stage. No hurry to take this on, make them do all of the running.

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Thank you ericsbrother - I'm so grateful for the support and advice. I'll post on the site when I hear from them. I was so worried, and unsure about what to do, before I found this site. What I feel is really helpful here, is that the information is specific, and it explains WHY and how to work through the system.

I have to admit to feeling a little smug at the thought of information / intelligence winning over the greed of others! Oh Joy!

Thank you once again for your help and taking the time to reply, it is very much appreciated.

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As above wait for the NTK.

 

How about complaining on the Argos Facebook page? Bit of public [email protected]#$¥g off...

 

But do not name the driver if they get in contact with you.

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In fairness to Argos, it has to be said that if they don't own or lease that part of the land, there would be very little that they'd be able to do, even if they wanted to.

 

 

They should perhaps make it a little clearer to customers exactly where they can park (around the back) to collect goods.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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DragonFly1967, you have a point.

One way of helping might be to put a sign up on their wall stating that even though they tell you to park there, you WILL get a parking ticket, followed by the web address of this site which will help you to deal with it.

The staff in the shop are so lovely, and I'm left with mixed feelings about whether to use the shop again or not.

No doubt if their prices are the lowest, then I'll be tempted ..... then arrive back on here with another parking ticket??!!!

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As I said, they should perhaps make it a little clearer exactly where you can park (without fear of a Mickey Mouse ticket) to collect goods. That would be good customer relations.

 

As it is, even though it's not (technically) Argos's fault, it's left you with a bitter taste in your mouth that might have cost them a customer.

 

Perhaps a polite letter to the Store Manager, not asking them to do anything about the ticket (we can help you with that) but suggesting that in future, they make the situation perfectly clear to customers that are collecting large items at the back of the store. It would be win/win then. Argos don't run the risk of having customers upset, and the parking clowns don't get to scare anyone into paying up.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Out of interest, what is the store next door that the ticket relates to?

If you name where the store is we may be able to have a look on Google maps...

 

You are still waiting for the NTK before contacting UKPC.

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CH7 1AP is the post code. There is a road off to the left, just after the parked van on the left.

The rear area supports many buildings. Most are little shops, Argos being the biggest one.

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DragonFly1967, Yes, I think I'll do that. It will make me feel better to get it off my chest!

I'll do that over the next few days. It'll take me a while to get the tone right.

Thank you

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  • 4 weeks later...

Well, I've received their 'Notice to Keeper', and today I appealed the charge on line .... here is a copy .... I hope that I worded it correctly.

 

 

"I was parked for business, merely collecting a heavy item from Argos.

 

 

I enclose the receipt as proof.

 

 

I was there for a very short time, around 5 - 10 minutes, as you can see, there is one minute's difference between the time on your paperwork, and the time on my receipt.

 

 

The time the vehicle was parked was well within the discretionary period allowed by the BPA's Code of Practice.

 

 

In view of these circumstances, I request that you cancel the charge, or supply me with the POPLA code and appeal form, in order for me to take this further."

 

 

I'll be glad when this is over ...... it feels like a black cloud hanging over me.

Thank you once again for all the support you've given me to get me this far .... still much appreciated,

 

 

Kind regards,

 

 

Julie

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Hi CurlyMops / Julie. Unfortunately, when you get one of these PCN's you enter into a bit of a long drawn out game. You have to follow the trail, but don't worry, you will win in the end with all the help and advice offered on here.

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I'll be glad when this is over ...... it feels like a black cloud hanging over me

 

Yeah, what Billy's mate said. If you let them do a mind job on you, you're playing their game. You have nothing to fear, so why so morose? Get your mojo back, and put that spring back in your step. You are going to win this hands down, blindfolded, hands tied behind your back and hopping on one leg. And now................. reeeeellllaaaaaaaaxxx.

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Aww, thank you Beesnees and Billy's mate. I'm sure you're right. I'll let you know when I hear from them.

In the mean time, I'll put it out of my mind ...... in fact, I've enough to think about since starting a new course! :o)

Thank you so much for the cheery reply Bees ..... it helps to hear from those who know more about the process. When it's your first time, it feels daunting. Who knows, in time it'll be ME helping other people through the system! Oh Joy! :o)

 

 

Kind regards,

Julie :o)

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a question for you

- you posted originally on the 2nd april about the windscreen ticket and on the 30th april about the NTK.

 

When EXACTLY did you receive these tickets and letters?

 

 

They may well have got their timings wrong so there will be no keeper liability anyway.

 

 

Shame you didnt come back here before doing your online appeal as you have now indicated you were the driver at the time

and have made their mistake of issuing their demands incorrectly redundant.

 

 

Your appeal could have been a straightforward breach of protocols for which they have no answer or comeback,

 

 

now it will have to go to POPLA unless they feel inclined to keep to the BPA CoP.

 

 

Just drags it out a bit longer.

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The Ticket is dated 22 - 3 -2015

I received the NTK on 24 April 2015

 

 

I must have misunderstood how to proceed .... sigh.

 

 

I'm afraid I don't understand the sentence:

"and have made their mistake of issuing their demands incorrectly redundant"

It sounds like I've made a right mess of something which I thought I'd understood.

 

 

All advice gratefully appreciated,

Kind regards,

 

 

Julie

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The Ticket is dated 22 - 3 -2015

I received the NTK on 24 April 2015

 

 

I must have misunderstood how to proceed .... sigh.

 

 

I'm afraid I don't understand the sentence:

"and have made their mistake of issuing their demands incorrectly redundant"

It sounds like I've made a right mess of something which I thought I'd understood.

 

 

All advice gratefully appreciated,

Kind regards,

 

 

Julie

 

Don't worry unduly as I'm sure the regulars will keep you on the right track once they know what you have or have not done.

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I'm afraid I don't understand the sentence:

"and have made their mistake of issuing their demands incorrectly redundant"

It sounds like I've made a right mess of something which I thought I'd understood.

 

That is a slightly unusual way of putting it, but what he means is that by identifying yourself as the driver, you could inadvertently have let them off the hook if they were out of time for issuing the NTK. But from the dates you've given above, I think they were within the time limits anyway, so no real harm done.

 

If they were out of time and you didn't appeal/identify, your victory would have been more prosaic. As in routine, trivial, mundane, perfunctory, a slam dunk, etc etc. And even if you shot yourself in the foot, your victory is still near as damn it assured, if a bit more tortuous. So as plodders says, don't worry about it.

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