Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Thank you @honeybee13. I will try to write one. I read here that even without the out of court settlement some people  have not received the  criminal record but only a fine. I don't know what to think anymore. 
    • Thanks I appreciate your time How does this sound?   On FRIDAY 29TH May I used your service to send a parcel under the above reference number. The parcel did not arrive at the destination and after several exchanges with your customer service staff, I was told that the item was lost. I was also told that I would not be entitled to full compensation for my items despite having provided you with receipts for these items as I had only opted for the standard £20 compensation. I did not opt for this compensation – as you will know, there is no option to decline this basic cover when scheduling a parcel. Furthermore, it is grossly unfair for a consumer to have to insure against your negligence and contrary to the unfair terms provisions in the Consumer Rights Act. I'm quite sure that you are fully aware that any term you might have in your contract which relies on customers having insurance against your negligent handling of their items causing them to be lost is an unfair term and is unenforceable. I notice that you systematically rely on such terms to deprive your customers of the correct compensation and effectively to protect you from the consequences of your negligent handling of your customers’ sent items. If you force this to a court hearing – you can be certain that I shall be producing evidence from many different sources to show that you systematically lose parcels and decline liability on spurious grounds which are unfair and unenforceable. The contents of my parcel were worth £160. There was also the cost of the postage which was £9.92. The full amount I am claiming is therefore £169.92. You may email me at ____________ in order to arrange this payment. If I do not have reimbursement in full within 14 days then I shall issue a claim in the County Court to recover this money from you plus interest and without any further notice. Yours faithfully _____
    • Hi.   SJP = Single Justice Procedure. Here's some reading for you https://www.gov.uk/single-justice-procedure-notices   If you want to ask for an out of court settlement, you need to deal with TfL. You could write to them if you have a contact name, there are examples of letters in threads here.   HB
    • Hi,  I have sent email requesting information as to why my original email was not actioned. I did have the case number in the subject line on my email.  I only got a letter from registry trust, nothing else from courts or Shoosmiths thanks 
    • @dx100uk  I have received only the charge for this journey.  Sorry for my ignorance but what is a SJP?  the charge has been made at 21 june  2020 but I received this only yesterday. Now they ask me to make my plea and I have 21 days to do so, but I want to try an out of court settlement. There is not any court date on the papers they sent me now though. 
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 7 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
Liverpool59

A S Parking keep demanding I name driver despite my appeal as the owner.

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1459 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi, first time posting so I will try to be concise.

 

I received a PCN from AS Parking for £100. They are based in Newquay, Cornwall.

 

 

On this occasion, 01.10.15, I parked my vehicle in a bay near to my friends house.

To paint a picture, he lives in a brand new estate in Pool, Camborne, right next to the Heartlands centre.

 

 

A lot of the areas outside these new properties are permit only parking.

This is clear by the signs.

 

 

Over the course of the summer I parked in a series of bays opposite a building site

where the houses were nowhere near finished.

There were no parking restrictions.

 

 

On the night in question I parked in the same place and returned to find a ticket.

The sign must have gone up within the month that I last visited.

 

 

I have many photos of the poor signage that was impossible to see,

no road markings and the surrounding area.

 

 

It was pitch black, even on the pcn they have not recorded the colour of my veh.

I wrote to appeal using a Martin Lewis template stating no contract was formed for reasons mentioned.

 

They replied stating I had to name the driver for the appeal to proceed.

I wrote back stating as the owner of the vehicle there was no legal requirement for me to do so,

and also requested they answer the points raised in the original letter

and to send me the photos they have of my vehicle under the data protections act 1998.

They then just sent an exact copy of their first letter with a couple of paragraphs highlighted.

 

1) Do I have to name the driver or does my appeal as the owner stand?

2) When they inevitably send the 'notice to owner', shall I just appeal as I have done before?

3) Shall I report them for ignoring my written request for pictures under the data protections act?

 

I am quite prepared to go to court if it comes to it.

 

Many thanks for your help.

 

Liverpool59

Share this post


Link to post
Share on other sites
Hi, first time posting so I will try to be concise.

 

I received a PCN from AS Parking for £100. They are based in Newquay, Cornwall. On this occasion, 01.10.15, I parked my vehicle in a bay near to my friends house. To paint a picture, he lives in a brand new estate in Pool, Camborne, right next to the Heartlands centre. A lot of the areas outside these new properties are permit only parking. This is clear by the signs. Over the course of the summer I parked in a series of bays opposite a building site where the houses were nowhere near finished. There were no parking restrictions. On the night in question I parked in the same place and returned to find a ticket. The sign must have gone up within the month that I last visited. I have many photos of the poor signage that was impossible to see, no road markings and the surrounding area. It was pitch black, even on the pcn they have not recorded the colour of my veh. I wrote to appeal using a Martin Lewis template stating no contract was formed for reasons mentioned.

 

They replied stating I had to name the driver for the appeal to proceed. I wrote back stating as the owner of the vehicle there was no legal requirement for me to do so, and also requested they answer the points raised in the original letter and to send me the photos they have of my vehicle under the data protections act 1998. They then just sent an exact copy of their first letter with a couple of paragraphs highlighted.

 

1) Do I have to name the driver or does my appeal as the owner stand?

2) When they inevitably send the 'notice to owner', shall I just appeal as I have done before?

3) Shall I report them for ignoring my written request for pictures under the data protections act?

 

I am quite prepared to go to court if it comes to it.

 

Many thanks for your help.

 

Liverpool59

 

Have you received a Notice to Keeper (NtK)?

If not : why are you engaging in "letter tennis" with them : it only serves to identify you as the driver or (at least) being aware of the "ticket" (Notice to Driver, NtD).

 

No, you are under no obligation to identify the driver. All that happens if you don't is that they MIGHT be able to claim "keeper liability" which they can't if you were to identify the driver. I stress MIGHT, as there are still plenty of areas where their attempts to claim keeper liability can fall flat from.

 

If you want to pursue them under the DPA : did you send them a properly formatted DPA SAR, with the prescribed fee?

Share this post


Link to post
Share on other sites

Hi and welcome to CAG.

 

The reason AS Parking won't accept an appeal from the keeper is because they are members of the IPC and they don't want to recognise PoFA however, as they choose not to bother with PoFA, they will have a ruddy hard job if they tried this on in court.

 

As far as I can tell, they haven't taken any cases to court this year. They just rely on consumer ignorance.

 

My advice,Ignore totally unless a 'Letter Before Action' or a court claim arrives.


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

Share this post


Link to post
Share on other sites

Thank you both of you.

 

Bazza, I did not send a properly formatted dpa letter to them, just a request. I have not received a ntk. I have to admit I was not going to reply initially but succumbed to my desire to play them at their own game. Wrong, I know. I will not be engaging in any more correspondence. Unless of course a letter before action or court claim advised by silverfox1961.

 

Interestingly on their pcn they have a logo stating they are members of the BPA as well. That is PoFa, isn't it?

 

Cheers for your advice.

Share this post


Link to post
Share on other sites

Oh dear me, even the ticket is non compliant.

 

Athens Security Services (trading as AS Parking) moved from the BPA to the IPC on 1/5/2015 so any ticket showing the BPA logo is rubbish.

 

If you really want to play with them, a bit of letter tennis is always good for a laugh. Bring them up on their shortcomings and see how they try to wriggle out of it.


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

Share this post


Link to post
Share on other sites

Thanks.

I have to admit I find it hard not to engage in letter tennis, especially when I believe they are talking porky's.

 

I think I will probably just ignore the letters and see if they drop it. Out of interest, Martin Lewis states that it can only ever be dealt with in a civil court due to the nature of breaking a contract. Is this right. Several of the threads are about County court actions by the parking firms.

 

Regards.

Share this post


Link to post
Share on other sites

The county court is there to deal with civil claims. Private parking cases are civil by the nature of contract law, nothing to do with parking in council owned car parks or street parking which are a Penalty Charge, not a Parking Charge.

 

The private parking companies love it that they can label their tickets as a PCN as that will confuse the motorist even more.


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

Share this post


Link to post
Share on other sites

Ok, that's great, thank you.

 

If, and that's a big if, a court claim arrives, I take it I go through the process of filling out whatever is required while putting together my case? Going on what you have stated it will never arrive but it's worth arming myself with knowledge beforehand.

Share this post


Link to post
Share on other sites
Ok, that's great, thank you.

 

If, and that's a big if, a court claim arrives, I take it I go through the process of filling out whatever is required while putting together my case? Going on what you have stated it will never arrive but it's worth arming myself with knowledge beforehand.

 

Definitely big if! You will likely get a claim form from Northampton court bulk claims section where you can go online to defend it. I don't think there will be anything to worry about.

 

While you are checking things out, see who are the directors of the IPC and of the solicitor company that IPC members choose to use (a lot). That company is Gladstones. I know but I think it a great treat when peeps find out for themselves.

 

Also, check out the Parking Prankster :-)


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

Share this post


Link to post
Share on other sites

Oh my god, surely not.

 

I'm off to look up the word ' independent' again in the dictionary. 😱

 

That's ridiculous. The same address, bar three buildings. Unreal.

Share this post


Link to post
Share on other sites

So, Silverfox, just to clarify:

 

1) When I receive the ntk, shall I ignore it?

2) When someone receives a ntk, are they entitled to appeal the same as a driver?

 

Thank you in advance.

 

Liverpool59

Share this post


Link to post
Share on other sites

As this is an IPC member, it is likely they will say the 21 day appeal period has passed for the driver to appeal. They make no mention of the keeper appeals although you can. Once they have rejected you, an appeal to the IAS is next although AS won't mention it. The IAS will likely reject you too as (it would seem) that Gladstones appoint the assessors to hear appeals but they are biased against the motorist even if you provide proof of your claim.

 

The IAS believe that it's members can do no wrong and would never lie in an appeal but on the other hand, motorists are underhanded cheats who will do anything to get out of paying.


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

Share this post


Link to post
Share on other sites

Thank you.

 

When the ntk arrives and I appeal to the IAS, shall I tell AS what I am doing?

 

I suppose if not then it would be a case of waiting for them to make a claim against me or drop it. What I don't want to do is overthink or overdo it.

 

I guess I will just await their next play and keep you informed.

Share this post


Link to post
Share on other sites

As I read your first post, you have appealed as the keeper, not the driver so they may not even send a NTK (if they think they can get away with it) If you don't receive anything by the end of this month, they will have timed themselves out. The NTK must be received within 29 and 56 days after the event.

 

If they do send an NTK, you have to appeal through them first (again) before you can go to the IAS.

 

You will have plenty of grounds

 

Non compliant ticket (they will ignore that the ticket has BPA on it instead of IPC)

Insufficient signage (they will deny this)

No lighting (they expect you to have a torch and go out of your way to ensure you read the signs)

No authority to give out tickets ( hard to prove as the IAS will accept their word for it)

 

Photocopy everything you intend to send to both AS and the IAS


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

Share this post


Link to post
Share on other sites

Just to clarify, on their ticket they had both badges for IPC and BPA but on their letters they have IPC.

 

What do you mean by no authority to give the ticket?

 

All of the letters I have sent are digitised, so are all the photos. Everything is stored and copied. 😇

 

Thanks for all your help.

Share this post


Link to post
Share on other sites

A PPC can have corporate membership of the BPA but not its AOS.

 

http://www.britishparking.co.uk/membership-for-organisations

 

It would then have to be a member of the IPC AOS to have access to the DVLA database and access your personal details.

 

If a PPC does not own the land it is operating on, then it must have a contract with the landowner that gives it the authority to issue tickets and pursue them.

Share this post


Link to post
Share on other sites

IPC mambers do not like obeying the PoFA, they are advised that it doesnt apply to them and the IAS appeals procedure. Rubbish!. AS parking's notices to keeper are rarely PoFA compliant so easily defeated if they were stupid enough to want to go to court but they dont really want to as they lose. They threaten it as you are more likely to waver and earn them some money but court for them is a busted flush.

Share this post


Link to post
Share on other sites

Thanks everyone, I'll keep you posted on developments.

Share this post


Link to post
Share on other sites

Hi everyone. Just to keep you updated, I have today received a notice to keeper from AS Parking. It is dated 27th Nov. This means it is even out of the range of dates Silverfox mentioned, 29-56 days?? (1st Oct). It contains the usual you said would happen, that I am out of time to appeal and that they have the right to recover from me, the owner, the monies not paid. They state I can still appeal to them under exceptional circumstances but obviously this is a waste of time. They do state I could complain to them in the first instance and then the IPC.

I have no intention of paying this, so I guess I should just ignore it from here on in?

What do you think.

I am quite prepared to go to court, even though I don't think it will.

Thanks

Share this post


Link to post
Share on other sites

Well, if ever they did try it on in court, the 'out of time' statement would stuff em for sure. They may not follow PoFA but when it comes to court, the judge would want to know why they hadn't followed the procedure and most likely strike out the claim.

 

Remember, the IPC members must follow the rules set out in PoFA to give them access to the DVLA database.


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

Share this post


Link to post
Share on other sites

Thanks.

From the date of notice, Oct 1st to the date of the letter, Nov 27th, it's 57 days. I only received it today.

Would you advise ignore or drag it out and appeal to AS Parking again?

Share this post


Link to post
Share on other sites
Thanks.

From the date of notice, Oct 1st to the date of the letter, Nov 27th, it's 57 days. I only received it today.

Would you advise ignore or drag it out and appeal to AS Parking again?

 

You don't have to appeal to anyone now.

 

You can write to AS stating that as the criteria for keeper liability under schedule 4 of the POFA 2012 have not been met, then as RK you are not liable for this charge. Foxtrot Oscar. Or words to that effect... but you don't have to.

 

Either way you will receive numerous begging/threatening letters.

Share this post


Link to post
Share on other sites

Thanks armadillo71, I think I will write to them with words to that effect. Should be fun.

Regards

Liverpool59

Share this post


Link to post
Share on other sites

Hi everyone.

It's now been six months and I have received a 'final notice' letter from AS Parking.

They state they are now looking to initiate their debt recovery process. They say it is a final reminder and give various options to pay. They go on to say they will have to instruct their solicitors, (The ones who are directors of IPA) to initiate enforcement action. They state a further £50 will be added to the £100 and further enforcement action and costs may follow including, but not limited to, County Court action.

 

Now as I have always said, I am quite prepared to go to court as I have a very strong case. They don't even send these letters by recorded delivery so how can they prove I have received them?

And why on Earth have they waited SIX months? Has someone just stumbled across this in Admin and thought they would try it on.

 

I guess the only thing I don't want is to find out from my wife that they have sent someone around to my door when I am at work. If I am there then they will have a bit of a shock. Can they do that?

 

Is this just another empty threat, hoping I will cave?

 

Thanks for your help everyone.

Share this post


Link to post
Share on other sites

Out of interest, if it goes to court, and they win, and I of course pay the money, does this still count as a county court judgement against me? The type you see asked when you apply for credit cards, insurance and mortgages etc?

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...