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    • DX100UK - How does this amended defence adapted from your posy of 19 Sept look? I could only see the date required for the CPR in item 3 to be incorporated:      1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I do not recall the precise details or agreement.    3. On receipt of the claim form, the Defendant sent on date XXXXXX a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date 28 August 2020 a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:  (a) show how the Defendant has entered into an agreement; and  (b) show and evidence any cause of action and service of a Default Notice  (c) show how the Defendant has reached the amount claimed for; and  (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;    6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • So after sending the email to CEO, the ticket has been successfully cancelled - result!   My original email:   Dear Mr. Christian Hartnagel,   Re: Parking Charge Notice No: 0 XXX XXX XXX Vehicle Registration: XXXX XXX Issue Date: 11/09/2020 Entered Car Park: 09/09/2020 @ XX:XX:XX Exited Car Park: 09/09/2020 @ XX:XX:XX Athena claim an Overstay of 56mins. Photo attached of the receipt valued to your company as sales of £24.77. I am writing as the registered keeper of a car in reference to Athena ANPR Ltd's Notice to Keeper (ref: X XXX XXX XXX).   The vehicle was parked in the car park of your Edmonton store on Thursday 9th September 2020, while the driver was doing their shopping inside said Lidl store. After they paid for their shopping, they unfortunately did not enter the vehicle registration details into the parking machine before leaving the store/car park. The registering of vehicles’ details has not been required for the last few months during the COVID-19 crisis, and so, this instance was unintentional. Had a member of staff mentioned that normal parking procedure had resumed, the driver would have inputted the vehicle information as was done prior to the COVID-19 changes.   As a result of this, Athena ANPR Ltd has issued a civil parking charge notice without any consideration of the situation.   The driver has been to your shop in Edmonton store to try and get the issue resolved but was advised to get in touch with Lidl Customer Services. So far getting a response from Customer Services other than an acknowledgement, has been rather difficult.   The driver is a valued and loyal customer and this is very unfair, and therefore I, as the registered keeper, kindly ask that you instruct Athena ANPR Ltd to cancel this parking charge notice.   Kind regards, Mr XXXXXXX   And I just got this reply:    Dear Mr. XXXXXX Our Ref: XXXXXX Re: Your Contact Thank you for taking the time to contact our CEO. I have been asked to reply on his behalf. I was sorry to learn that you received a parking charge. I appreciate this may have been frustrating for you. Lidl is a national retailer. As such, we have stores in locations with limited parking space and in common with many of our competitors, our store car parks are abused to a significant and detrimental extent. We have therefore judged it necessary to take measures so that our stores parking facilities are available first and foremost to our customers. In order to ensure that sufficient parking spaces are available at all times to our customers, Lidl employs third party contractors to monitor and control our car parks. So far, this service has proved reliable and effective in reducing car park abuse and in freeing up spaces for our customers. In light of your comments, on this occasion only, I have requested that the parking charge is cancelled. Athena will confirm the cancellation in writing in due course. Thank you again for contacting us. Yours sincerely, For and on behalf of Lidl Great Britain Limited Kayleigh Hogg Customer Service *** If this ever happens again, I will make sure to always go via CEO route and make sure receipts are kept. Thanks to everyone for your help with this 👍  ***
    • Okay. Well telephone Baileys and get the information that I've asked for. Even though you fill in online forms, you should take screenshots of what you are sending. This stuff is quite important. Phone the FOS tomorrow and see what their timescale is.
    • I can’t provide the complaint as it was filled in online and submitted in text boxes if that makes sense.    I can’t afford at the moment to go to court so I will await the ombudsman help firstly. I am pleased I am no longer financially attached to the credit agreement etc But feel upset at the amount of loss we have endured and Stress. I really thought we would have gotten something back out of all this  I tried calling the ombudsman today but they said they could not answer my call due to COVID 19
    • Well you could have gone directly to court. It's up to you know whether you want to wait for the ombudsman or go to court. Maybe will be a good idea to contact the ombudsman and see what's happening and see what their timescale is. At least you haven't got the caravan sitting in your driveway so it's just a question of money and so you might think that it is worth waiting a bit. Please could you post up a copy of the complaint which you sent the ombudsman
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New Generation Parking Management parking notice referral to ZZPS --advice?


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Hi all. On March 18, 2015, I parked in a private car park at the Cardiff Retail Park with my mum who is disabled and holds a blue badge. We parked in a disabled bay, but unfortunately, made the error of forgetting to display the blue badge. As a result, we received a parking notice by post from New Generation Parking Management. We took advice from online sources (and wish we hadn't) and have ignored the fine and not paid. We did not make an appeal either. Now we have a letter from ZZPS--a debt recovery agency looking to recover £160.

 

We understand that an error was made on our part, but feel that this fine is completely unjust and the pursuance by both these companies is relentless and causing much stress to myself and my mum.

 

is anyone able to assist with advice here? Not sure what to do next.

Thanks

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Completely agree.

 

The normal advice is to not ignore, but you're way beyond that stage now so that all you can do is continue to ignore everything except an N1 claim form, and as has been said, that's pretty unlikely.

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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ZZPS are just another desk in the same office Ignore them and see ifNGP are wanting to continue. They dont usually as theygot a proper spanking last time they went to court.

Also note the increase in money wanted to £160. Where do they get that figure from? They invent it as they think that if you are going to fall for their threats they might as well make a big profit from your foolishness..

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Hi

As the 'experts' have already said, I would continue to ignore. They helped me out with same great advice at the beginning of the year. I had received several letters from NGP and then ZZPS from Nov 2014. I did write back initially, at their advice, basically telling them they had no powers to fine me or take me to court. I never admitted to being the driver, only the RK. I received the last letter on 20th Jan 2015 from ZZPS, and have heard nothing since. Happy days.

Hope this helps

Good luck!

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NGPM's enforcement is very dodgy anyway and does not comply with PoFA, so they can only take action against the driver, not the registered keeper. The method of operation is a man with a hand held camera, who wanders the car park, looking for "violations" and taking a photo of the vehicle. The vehicle registration details are then used to apply to the DVLA for the RK's details and a notice to keeper/owner/hirer is sent out, usually within 14 days of the alleged offence. To comply with PoFA, and hold the RK responsible in such circumsances, a notice has to be placed on the vehicle, and the details only applied for after 28 days. So it is only the driver they can try and take action against, and you are under no obligation to name the driver.

 

Their signage is also abysmal. They claim a breach of contract in their paperwork. However, in order for a contract to be formed, the terms and conditions MUST be clearly available to the driver at the entrance to the location. Their signage is too small, too close to a major road junction and 20 yards from a busy roundabout which requires all of the drivers attention on the road. The signage is also too far to the left of the road for the driver to safely read.

 

Their terms state that parking is free as long as you park in accordance with specific conditions, but £100 per day if you choose not to park in accordance with those conditions. There is no method of paying that £100, should you choose the latter option, so no contract can be formed.

 

The land is owned by Aberdeen Asset Management, who hired and management company to manage the retail park, and it is they who hired NGPM, who have no legal standing to bring any sort of action against you.

 

I do have a contact name within Capital Retail Park with regards to parking issues. You can email gill.garner@capitalretailparkcardiff.co.uk, and mark it for her attention.

MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.:D

Lloyds - Settled for an undisclosed sum.:D

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  • 3 months later...

NEW GENERATION PARKING (NGP) Don't pay!! I received a PCN from NGP after parking in a disabled bay and forgetting to display my badge. I sent them a copy of my badge and asked them to waive the charge. They refused. I said I would only pay if ordered to do so by a court. It moved on to ZZPS debt collectors and on to Wright Hassall LLP, Solicitors, with the charge now up to £190. I told Wright Hassall that I accepted that I had entered into a contract with NGP by using their car park and I also accepted that the condition of contract requiring the display of a valid Blue Badge was both necessary and proper. I told them to hurry up and take me to court where I would offer the following argument in mitigation: 'That this condition was to provide NGP with a deterrent to be used against lazy, able-bodied motorists who deprive disabled people of parking spaces. It should not be used to extort money out of disabled people or to pursue them beyond the point where they have provided proof of their Blue Badge status'. In the meantime I had contacted the CEO of Asda and my MP, Kevin Brennan. Wright Hassall acknowledged my EMail saying that 'In the light of my comments they were referring the matter back to their client,NGP, and that meanwhile the matter was placed on hold. I have not yet heard again from Wright Hassall, but have now received confirmation from Asda and my MP that the Notice has been withdrawn. Wright Hassall and NGP knew that to pursue me against my mitigating circumstances would almost certainly see their case being thrown out of court. I was confident of this which is why I never had the slightest intention of bowing to their thuggish tactics. Tell them to take a running jump!!

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Wright Hassal are one of a few solicitors that act for the parking co's as dca's and have no powers to do any more than send out scary letters. They then try and persuade the parking co to retain them for a large fee to take the matter to court where they invariably lose a contested claim and cost the parking co a small fortune. Other well known ones are Gladstones (who are the IPC and IAS in another hat) and Miah and co. I do not believe any of them hold a FCA licence for deposit taking nor are they licenced credit brokers so how they can justify adding a few quid to the claim is beyond me, perhaps if someone asked them they could explain.

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Wright Hassal are one of a few solicitors that act for the parking co's as dca's and have no powers to do any more than send out scary letters. They then try and persuade the parking co to retain them for a large fee to take the matter to court where they invariably lose a contested claim and cost the parking co a small fortune. Other well known ones are Gladstones (who are the IPC and IAS in another hat) and Miah and co. I do not believe any of them hold a FCA licence for deposit taking nor are they licenced credit brokers so how they can justify adding a few quid to the claim is beyond me, perhaps if someone asked them they could explain.

 

These companies don't need to be registered with the FCA as they are not consumer debt related. They add these spurious amounts as 'admin fees' and 'legal fees' none of which are enforceable.

While some DCAs are registered with the FCA, as they do deal with other debts, they use their name in the jpoe of persuading the innocent that they have more powers than they really have.

 

NGP very rarely do court and from the info I have, they have taken less than 30 cases to court this year with a 10% success rate. No wonder they are reluctant to go there.

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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then where is the contractual relationship that allows them to add money to the debt? We both agree there isnt one, I am saying that people should complain to the FCA for unlicenced activity that falls under their regulatory body if they are asking for more than the original debt otherwise it would be straightforward misrepresentation.

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You may have a long wait for them to take you to Court - I'm still waiting for them to fullfill their promise after I received a ticket from them (famous Talbot Green car park) which I ignored - 8 years ago ! Although they have impressive looking service addresses they also operate from a rather unimpressive house at 42 Caerphilly Road, Heath , Cardiff which is why they're so active in the Cardiff & South Wales area.I was also under the impression that they have never taken anyone to court , but may be wrong as per what Silverfox1961 says. I would just ignore as well.

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