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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
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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
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Sussex Security Solutions Ltd - T/A Parking Enforcement Co - Eastgate Wharf in Lewes.


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This is my 1st post.

 

Have received a 'Contractual Payment Charge' from the above for parking on a road on double yellow lines with a valid Disabled Blue Badge clearly displayed on my dashboard.

 

There were no visible signs apart from a sign at the entrance to a car park opposite.

 

I made an appeal on the day it was issued explaining he circumstances (was with my elderly, disabled Aunt blah blah blah).

 

Can anyone suggest what I should do?

 

Thanks for any help

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Hello and welcome to CAG. The guys should be along later or tomorrow with advice for you.

 

When you say you made an appeal, was this verbally or in writing please? I'm a bit confused about why you have a letter from a private parking company if you were on a public road, is this what happened?

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi thanks for reply.

 

I appealed on their website the day I got the ticket.

 

I was parked on Eastgate Wharf which is a road behind a supermarket in Lewes, East Sussex.

 

I am confused too but I am assuming it's a private road

(although like I said there were no signs on the side I parked only on a post opposite at the entrance to a small private car park).

 

Any help would be great as I don't feel I should pay as was complying with the blue badge guidelines.

Thanks

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There is no such thing as. BB's and dyl's on a private road.

They mean nothing.

Merely tarmac graffiti.

 

What date did this. Happen

And have you had the notice to keepers letter?

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. Thanks for reply. I haven't had notice to keeper letter as yet.

It happened on 21 June 15. There were definitely double yellow lines which is why I parked there with the blue badge.

Regards

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Was this behind Waitrose?

 

Hang fire for now as I am fairly sure that the signage is really ambiguous and this together with 101 other reasons means that they haven't got a leg to stand on.

 

Basically, as DX says above, the yellow lines mean nothing anyway as this is a private road, and for the same reason neither does a blue badge.

 

When was the ticket issued? Did you phone and appeal or did you appeal in writing?

 

Subject to timelines and what you have done and said already, you will be needing to appeal in writing, which will fail, but the parking operator will need to give you a code to appeal further to the IAS (Independant Appeals Service) and then the issue of signage may be relevant.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Hi

Yes it was behind waitrose. I had to park there as it was on a Sunday and a bootsale was taking place in pay and display car park I was heading to. It was on 21 June 2015 and I appealed through their website on the day it was issued. No email response from them to date. Should I request what I imagine will be their rejection of my appeal and go from there?

Thank you

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What were the grounds for your appeal and did you appeal as the driver or the owner of the vehicle?

 

No need to do anything at this stage if they haven't informed you of the outcome. You certainly shouldn't even be thinking about paying. Parking issues are not altogether my field but I have a certain history with this outfit.

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Hi - My grounds were on the basis of being out for the day with my elderly and disabled aunt and parking with the blue badge clearly displayed as I understood to be required when parking on double yellow lines. I stated that I had seen no signs showing the road to be privately owned and that I considered it to be lawful. Don't think I stated I was driver or owner in the email appeal .

I guess your history isn't an amicable one?!

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No - not amicable at all.....but I nailed them in another

 

Nothing wrong with what you have said so far. From memory I think there is a badly painted 'Private - no parking' sign on the road leading to a pay and display car park. I am over that way tomorrow so will have a look for you.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Thank you so much. Really appreciate it, I was parked opposite and between the entrance/exit to pay and display and the private car park where I saw the sign I assumed related to private car park.

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As you have already jumped the gun what you do now is wait for their response to your appeal. When you get that you should get a POPLA code or invitation to appeal to the IAS The former are pretty robust in their application of the relevant law but the latter are a bunch of incompetents or liars, we havent determined which yet. When you get your letter back we can help you, basically the company doesnt have any rights to demand money but theu like to think they do so you have to follow certain protocols to defeat them

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Parking Enforcement Ltd use the IAS, Ericsbrother. They seem to be more on the side of the PPC, but did rule against PE in my own dispute with them over use of the word 'May' in their signage being too ambiguous to form a contractual agreement.

 

Anyhoo. Went to the site as promised this morning and have attached some photos which the OP might find useful when making an IAS appeal. Completely inadequate, unreadable from the road and not even displayed anywhere on the side of the road where the OP parked. IAS own code of practice states that there must be clear signage at the entrance to an area, but all there is here is a notice painted on the road which one can only see if looking for it AND it states Private No Parking but 20 yards further than this is an NCP car park!

 

[ATTACH=CONFIG]58364[/ATTACH]

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Thank you so much for getting the photos. I wouldn't have seen the road paintings as there was traffic in front of me which would have blocked that and it seems clear from your photos that there are no signs on the side of the road I had parked.

 

Should I be worried that I haven't had any response to my original appeal (concerned about time I may have to appeal to IAS if necessary). Would they write or email?

Thanks again

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if they dont respond then they lose the right to ask for money.

One advantage of the IAS appeals system is that it is so rubbish it damages the chances of a court claim for the parking company so even if the IAS say the parking co is right they wont want to go further and have their backsides exposed to proper scrutiny. This is all about threats and bluff rather than any contractual right

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Thank you all for your help. I guess I'll wait to see what happens and then will come back if I do get anything else from them.

I'm really grateful for all the advice and time taken to help.

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Hi again

I've received today a 'Notice to Keeper' from Parking Enforcement regarding the PCN I received on 21 June. Both ericsbrother and sidewinder advised to come back if I got anything and you may be able to help in my appeal against it. I never received a response to my email appeal which (stupidly I know) I submitted the day I received the PCN.

You were all so helpful before and I wondered what should I do now?

 

Can you convert to PDF please? We can't read the jpeg!

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Hello n1ch3s. For speed, I have removed your entire post as the attachment you've posted up has your name and address and car reg for a start.

 

Please can you edit any personal details with Paint or a similar program so you can't be identified?

 

HB

Illegitimi non carborundum

 

 

 

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Although your post is hidden at the moment, I have seen it. Does page two say anything about appeals because the first page does not give any inkling that the charge can be appealed.

 

It only gives you two choices

 

1 pay the charge

 

2 notify them of the driver and pass on the notice to that 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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Nope. I can move the crosses out of the way to see your details.

 

Ideally you should white them out and don't forget to remove the ref number at the bottom.

 

In the meantime, I am going to play around to see what I can do.

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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Thank you - I am officially useless with attachments and editing!!

Page 2 - re appeals just says: ' At the time the charge was incurred, a Notice to Driver' was affixed to the vehicle. This offered the driver the ability to appeal within 21 days from its imposition. This opportunity has now lapsed and we regret the ability to appeal this charge is no longer available. If you consider there to be exceptional circumstances as to why you should be allowed to appeal outside of this period then you should send your reasons to us, in writing, at the above address.

If we do consider your appeal and it is rejected then you may appeal to the Independent Appeals Service. Details will be provided with the appeal rejection'.

 

I did appeal on the day the PCN was issued but never have received a response, either by email or post. This is the first correspondence from them.

 

Thanks for your help.

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Obviously I still can't see the NTK, but from what is being described, then I don't think they are using the POFA and keeper liability...

 

Now if you gave your name and address when you appealed the NTD, then they are more stupid than the average PPC!

 

And if you didn't then they have no way of knowing who the driver was unless you tell them... which you won't of course.

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