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    • Looking for a bit of advice on an possible malicious or fraudulent claim.   I received a letter today from my insurance company regarding an alleged incident three months ago and stating I had five days to respond or my no claims bonus could be affected if they settled the claim. It gave a date and postal code for the incident. I rung the insurance company and said I had not been involved in an incident on the day in question and was not even in the area. I am absolutely clear on this although the area is only about 15 miles from my home, it was Easter Monday and I know exactly where I was that day. I asked about the incident and was told that my vehicle had reversed into another car outside a shop. There are no shops in the area, it is purely rural farmland (so no CCTV obviously).   The insurance company said they would note my response and send to the claimants insurance company but would need to send an assessor out to take photos of my vehicle for any damage. My vehicle has no damage to the rear but does have a dent to the door from a collision with a deer that I have never done anything about.   My questions are ;   How did the claimant obtain my insurance details ? Does my insurer have to provide me with details of who the claimant is ? Could the dented door cause a problem because I didn't report it ? It is very obvious it is not damage from reversing into someone else. If I had been away on holiday and hadn't responded, would this claim just have been paid without me knowing about it resulting in loss of NCB ?  
    • It doesn’t say FINE anywhere on the documentation.    I don’t have the facility to scan the document, is there something in particular that you need to see? I can explain what is on there.    Thsnks 
    • CASE DISMISSED!!!   Thank you so much for all your help guys! Couldn't have done it without you!!! - donation on it's way (just waiting for some money to come in next week!)   That was pretty nerve wracking, I must say, but once I got into the flow of things, everything went well. Didn't help my nerves that the PRA rep was 30mins late!! Was hard to gauge the judge initially, but once I realised that she was well versed in the legislation and seemed to hold it in high esteem, I felt confident and the nerves dissipated a bit (lucked out there from what I hear from other horror stories!). She pretty much agreed with everything that I had said, and even highlighted things that I had thought about mentioning but didn't in the end, although she wasn't interested in my use of PRA v Mr Segal as it wasn't directly relevant; I knew this, but that wasn't why I was using it! I tried just once to explain my reasoning, but realised that the judge was ultimately for my case and so yielded quickly on that, rather than get her back up!   The best part was when the rep knew that case wasn't going his way, he then reverted to desperate tactics and referred to the fact that I was a day late sending the stuff to PRA and that I hadn't signed their copy; judge was not impressed with this argument at all, simply saying "Well the copy I have here was filed on time and signed". Not that that would have made a difference as by that point I had already explained my case, and she had agreed. She also had a go at them for trying to file the "response statement" without permission and disregarded it (as you thought Andy).   I felt sorry for the rep, decent bloke, very polite, asked if I had any questions for him afterwards, and kept highlighting the fact that he didn't work for PRA; think he knew it was a poor case and that he would have a hard job trying to fight it.   Something he said did concern me a lot though, and that was that he "couldn't guarantee that they wouldn't try again, either by appeal or by another claim".......not sure what this means and where it leaves me!! I questioned him about there being another claim as I don't feel that an appeal would be approved (although it could I guess!) and he seemed to think that they could come after me in a claim for arrears/interest? This threw me and ruined the feeling of joy that I momentarily had! I phoned National DebtLine to get some clarity on this and they seemed to think the same thing! Then I found this online:   "However, according to Late Payment Legislation law (see ext. link 10), a creditor is allowed to charge his debtor an interest fee, if the consumer has late payments and bad debts. I.e. a debt buyer can request an additional interest payment from his debtors as a creditor, and not as a DCA. The same late payment legislation allows such interest collection to begin after a 30-days default period." https://ecollect.co.uk/wiki/debt-collection-uk/   Found similar information on other sites and even on other threads on CAG. I know you said they couldn't add anything Andy, so now I'm confused.com!!! How can they claim for arrears or interest if the debt that said arrears/interest is based on is now deemed unenforceable by a court ruling???!!! That just seems ridiculous and means that this thing will never end!!!!!    
    • Thanks Honeybee   For PCN's received through the post [ANPR camera capture]   please answer the following questions.   1 Date of the infringement - 5/7/19   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 11/7/19   3 Date received 16/7/19   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Y   5 Is there any photographic evidence of the event? Y   6 Have you appealed? [Y/N?] post up your appeal] N Have you had a response? [Y/N?] post it up   7 Who is the parking company? Northern Parking Services   8. Where exactly [carpark name and town] 1 Kings Manor Newcastle NE1 2ST   For either option, does it say which appeals body they operate under. BPA   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE     I do not think there is ANPR at this location but there are photos of the vehicle in a parking space The PCN has a "vehicle observed from"  date..... and time......  "to date..... time.....  
    • Hi,sorry for delay in respnse, just started a new job.   LBA here   Sports Direct 1st June 2019   Dear Sir/Madam, On 26th January 2019 I bought a pair of Phantom VSN in size 11 from Sports Direct Chingford. Please see my details of purchase below. ..... screen grab from bank statement of card payment .... On the 27th June 2019 I was surprised to see that the sole of the right boot had torn open at one of the rear studs, making the boots unusable. Please see picture below. ..... picture of torn sole of boot .... The Consumer Rights Act makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality.  I do not feel that an £85 pair of boots should fail after five months of being used for nothing other than their intended purpose. As you are in breach of contract I am rejecting the boots and request that you refund the sum paid to you of approximately £85 which I trust you will be able confirm from your records. I have bought a replacement pair of the same boots from your website on the 28th June 2019 as my son needed boots almost immediately, for that reason please give me a full refund of the original purchase price. I am today returning the faulty boots along with this letter to the Chingford branch of your store. If I do not receive your satisfactory proposals for settlement of my claim within 7 days of the date of this letter, I intend to issue a claim against you in the county court without further reference to you. Yours faithfully,   They replied by email to say this ............. Thank you for send your football boots for a further inspection.   I would like to advise you that on inspection it is our belief that the issue is due to wear and tear and not an inherent manufacturing fault. I appears that the stud had been caught on something which has caused it to rip apart from the sole.   Sadly, I am afraid for this reason we are on this occasion unable to offer a replacement or refund for your boots.   I have now returned your boots to you.   Apologies for any disappointment caused. Kind regards, ................ The boots arrived back to me today   I assume I now make a small claims claim?   Thanks Micky  
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reevery

PCN in my own parking space

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Hi

 

On 8th December I moved into a flat in Brentford. The lease for the flat includes reference to two specific parking spaces, but it makes no direct reference to Parking Control Management, who patrol the car park.

 

On 16th December, in the post, I receive a welcome back from the Management Company. In it, it mentions how to obtain a parking permit, and I emailed the MC and asked for a form.

 

At around 0730 on 17th December, I received a PCN whilst parked in one of the specific spaces. There are signs in the car park, but I had not read them; I had not understood that there was a requirement for a parking permit until the letter received the previous evening, it is not mentioned in the deeds (only what might appear to be a reference to regulations). I did not believe I was in any way contravening any rights.

 

Later in the day, I received the form from the MC, completed and returned it the same day. Permits have now arrived and are affixed.

 

I (perhaps too hastily) appealed the ticket, on the grounds that I own the parking space and am entitled to park there. I forget the exact wording.

 

In a letter dated 21st December, the appeal was rejected as per the attachment, but in summary, regardless of my ownership position, I "parked in a manner whereby agreed to pay a charge".

 

At this point, before deciding whether to appeal further with the IAS, I'd like to understand my position. I've got the following questions:

1) Who OWNS the space, or has legal right to own it? Me or the MC or the freeholder? I understand this is not black and white, but I don't know where the line between it being in the deeds and therefore my not having granted any permission for PCM to issue tickets, or otherwise.

2) Am I too late to pursue getting the ticket cancelled now that I have already corresponded?

3) If I want to lodge an appeal with the IAS, do I have to do so entirely within the 21 days since the letter date, or can I notify them if it is not complete in that time?

 

Any suggestions how to proceed? I'm happy to dig through the lease documents, but it's some 44 pages.

 

Thanks, Matthew

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Your lease trumps any right the PPC may have.

 

tell them as much, and to jog on, or you will take further action for harassment.

 

Also, the PPC will always reject your appeal. They wouldnt make any cash if they accepted it.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Also, if the 'invoice' was attached to your vehicle, they entered onto your property to attach it and so were trespassing.

 

We constantly have this same issue with ParkingEye, they consistently reject appeals made on the grounds that we were parked/our visitor was parked on our own property but despite being very well known for issuing court claims, in 6 years and after over 200 such invoices, they have never once taken me or any of my guests to court despite being practically begged to do it so we can invite the press along to see them get thrashed.

 

Write back to them pointing out that you were parked in your own space, so will not enter into any further correspondence with them, then ignore all further correspondence unless it comes from a court. In the unlikely event of the latter, come back for help tearing them apart.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thank you. So one additional question then. Do I engage with The IAS, or just write back to PCM?

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IAS are the parking company. They didnt like the fact that popla played by the rules, so they made their own so they can ignore the law.

 

Just tell the PPC straight that the parking space is part of your property and lease, and if they want to take legal action, you will be ready with lease in hand, and a counter claim, as they will 100% lose.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks all. I've read that thread, and I am going to reply as advised above. My main outstanding concern is that they reply and advise that there is a clause in the lease which permits all of this (how, I don't know). I suppose at this stage I can take that risk...

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YOU didnt sign a contract with the parking co so they dont have a contract. Simples.

Basically they have an agreement with a third party who cannot dictate anything to you. All of this is supposedly an administrative convenience to deter joew Soap driving in off the street and parking in your space. You dont need a permit to use your own property. problem is they dont know or care who you are as long as you are dumb enough to pay them based on their ticket slapped on your car. they will say that you awe because they are too stupid or greedy to view anything properly until the point they get a hammering in court for trespass and harassment.

I would suggest you ignore them for the moment and when they contact you again as keeper of the vehicle you send a letter saying you OWN the space you are parked in and they are trespassing every time they touch your car and you will sue them if they dont desist.

By the way, you cannot park in a manner that agrees to pay them a charge because they dotn have any right to form a contract as they are trespassing so theirs is a circular argument that will get them nowhere in the long run.

I suspect you may start getting letters from one of the tame debts collectors. Gladstones and Miah and co are the favourites of IAS members but even though they are solicitors they are acting in the capacity as an unlicenced debt collecting agency so can be ignored. However, if you do get a letter I would suggest that a short I own the land your clients have trespassed on and they can get lost or suffer the consequences will be advisable as this lets them know your position and creates a paper trail so they cant say they werent warned.

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Hi. Thought a quick update might be in order, mainly because I'd appreciate a little confirmation of a niggle I have.

 

I wrote back with the advice and they have today responded (as expected) that they believe they're in the right.

 

The niggle I have is, let's say there is a clause in the management company lease I signed that states they do have the power. Where does it have to be? In the clause itself? If for instance the lease says I agree to regulations, but isn't specific, and the regulations state they do, is that too vague?

 

Yesterday, though, I had an electrician visit and in the 30 minutes he was here he got a ticket. I've advised him not to make contact but I have a copy of his ticket. As I've now involuntarily got a third party involved, I just want to be a little more assured. Is it worth having someone run through my paperwork or am I on pretty safe grounds?

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Don't bother wasting any more time worrying or playing letter tennis with these numpties. As you've been told, they have no chance in court and they know it. Don't give it another thought!!

Edited by caro

 

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you cannot sign your rights away and the management co dont have any rights themselves to force you or anyone else to agree to anything. In the case of the electrician it is a little more complicated as they can be held to a contract but again, it is unlikely that the landowner has anything to do with this and the contract the parking co have is worthless.

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