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    • Name of the Claimant ?  - school's name Date of Issue - 26 Jan 2021 The claimant is a provider of educational services who entered into an agreement with the Defendant for the provision of said services. Under this agreement the Claimant provided the Defendant with services in total sum of £3000 which the Defendant has failed to pay nor given any indication was to when payment can be expected. In addition to the sum above, the claimant seeks contractual interest at a rate of 8% from the date payment fell due in the sum of £180, and continuing at a daily rate of £0.65. The Claimant has also inccured debt recovery costs in pursuing the outstanding invoice in the sum of  £337.50. And the Claimant claims: Initial Debt £3000 Interest £180 Debt Recovery Costs: £337.50 Costs and Disbursements  The claimant claims interest under s69 CCA 1984 at the rate of 8% from 1/4/2020 to 25/01/2021 on £3,000 and also at the same rate up to the date of judgment or earlier payment at a daily rate of £0.65   Amount Claimed: £3500 Court fee: £185 Legal representative's costs: £80 Total: £3765   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? - I have not. I believe my ex-wife has received correspondence, but don't know how compliant it is.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? - technically before that, but I did not inform them, so....   Did you inform the claimant of your change of address? - yes they were informed several months ago   Is the claim for - school fees   When did you enter into the original agreement before or after April 2007 ?  - I am not exactly sure. Probably about July 2007? First child entered in September 2007. Second child (subject of claim) later. But don't know how many agreements exist.   Do you recall how you entered into the agreement - probably signed something?   Is the debt showing on your credit reference files - no   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim - original creditor. debt collector is involved as the 'solicitor's address'   Why did you cease payments? - change of financial circumstances   What was the date of your last payment?  - January 2020   Was there a dispute with the original creditor that remains unresolved?  - some issues with limited education because of covid   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? - yes, no   If you have not already done so – send a CCA request to the claimant for a copy of your agreement - not applicable I think?     --- next step presumably would be to get a copy of the agreement under which the fees are claimed?
    • Topic moved to General legal Issues forum in view of the court claim/s   Please read the following link and then copy and paste the relevant Q,s and your responses back here for further advice.Dont do anything until advised.     Regards  Andy       .      
    • Oh well that puts an end to the idea of the sheriffs. May as well stick to the idea of getting them enforced separately    
    • The proposed move would mean British families would be able to pay for their average weekly grocery bill, £56.60 in 2019, or fill up a 55-litre Ford Focus, which costs around £65, without a Pin. View the full article
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

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My partner has received a charge notice from CP Plus for parking on their clients property at Roadchef Chester services for 3 hours 53 minutes when the maximum time allowed is 2 hours.

 

It says if she pays within 14 days they will take the reduced payment of £50. Not sure what the full payment is.

 

They have sent her the 2 photos of her entering the car park and leaving the car park, she had met a friend there and was planning on being under the 2 hours but they got chatting etc etc and she forgot about the parking notices up at the services. She was in Costa the whole time she was there and spent money there.

 

 

She has previously had one of these in 2012 on the same car park before (Stupid I know!) which we ignored but I am ware the law has changed so do not know how she stands now!

 

Please advise? Any advice would be most welcome!

 

Regards

 

gh0108 (Gary)

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As it was an ANPR capture the notice to keeper has to be received within 14 days after the day of the event. Please tell us the date of the supposed breach and the date the letter was received. CP Plus are pretty poor at sending their claims out in time so that will be the first thing to beat them with.

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As it was an ANPR capture the notice to keeper has to be received within 14 days after the day of the event. Please tell us the date of the supposed breach and the date the letter was received. CP Plus are pretty poor at sending their claims out in time so that will be the first thing to beat them with.

 

Hi thanks for your prompt reply, they are in timescale incident was 20/06/15 and we received it today so 12 days.

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then you respond by saying that you do not believe that they have the authority to make contracts and claim monies in their own name and if they cannot produce a contract that shows they have this right then you demand a POPLA number so you may appeal their refusal to cancel or provide sight of said contract. Do not mention anything about the circumstances of the visit or who was driving at the time. The claim sent was to the keeper of the vehicle and that is how you are writing.

By responding you will force them to either cancel or incur further costs. The land will not be owned by the people they have a contract with and they will try and bluff their way out of that fact but it wont cut any ice with the adjudicators.

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Hi

just to confirm, ericsbrothers advice is the way to go. Highly unlikely that CP+ will cancel the ticket but they must then give you a POLA code which you can use to appeal further where more appeal info can be supplied to them.

 

Remember, always write in the third party when it comes to the driver. Never say 'I'. Always say 'The Driver'

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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Hi

just to confirm, ericsbrothers advice is the way to go. Highly unlikely that CP+ will cancel the ticket but they must then give you a POLA code which you can use to appeal further where more appeal info can be supplied to them.

 

Remember, always write in the third party when it comes to the driver. Never say 'I'. Always say 'The Driver'

 

Thanks for the advice Silverfox.

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As she is the registered keeper, yup but to be honest, a signature isn't needed. Just any old squiggle would do with these.

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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  • 3 weeks later...

Hi

I sent the above letter as advised by ericsbrother it was sent recorded delivery and a signature was got for the letter on 13/07/15. Today my wife received a charge notice reminder saying £100 is now due. Do I need to do anything or wait for them to respond to my initial reply? Any advice would be welcomed. Thanks in advance.

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  • 2 weeks later...

Hi

My wife has received a reply to the letter sent to CP Plus which says:

That the PCN was issued legally and correctly according to the British Parking Association Approved Operators Scheme and given that the signage is displayed in compliance with all relevant laws and regulations the fact that you were seemingly unaware of this is not considered a mitigating circumstance for appeal. In light of this my representations have been considered and rejected.

 

It then talks about the POPLA appeal and the cases they will consider. They then give the POPLA number.

 

Any advice would be greatly appreciate, thanks in advance guys.

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It would help to see a photo of the signage at the site...

 

But your POPLA appeal must include;

 

1. That you wish to see , through sight of contract , that CP+ have lawful authority to issue and pursue parking charge notices.

 

2. Proof that the charge is not punitive.

 

3. The breakdown of the genuine pre estimate of loss that the charge must represent.

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RK means registered keeper and the best way to put up photos is to upload them to a site such as photobucket and then post the links to the photos here.The main thing is not to panic. You're in fantastic hands here. Armadillo71 and Ericsbrother gave me fantastic guidance and saved me a fortune.

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As they dont mention the PoFA you have to think under what circumstance then that any debt is incurred by the keeper of the vehicle. They would also have no right to contact the DVLA to obtain the keeper details if there is no keeper liability and this is worth taking up as a complaint with the DVLA if CPP claim that they are chasing your other half as driver because how do they know and if they do know why do they need the contact the DVLA anyway?

Not a question they would like to answer so wait for them to slip up. As for their other letters no part of the process either so another stamp wasted. You have the POPLA number so add the above to the reasons for appealing along with the others suggested.

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OK thanks for your advice ericsbrother much appreciated and I will try and put an email together to them today. Guys thanks for all the advice much appreciated.

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  • 4 weeks later...
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