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    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
    • 1 Date of the infringement 16th March   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received unsure   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.   Have you had a response? [Y/N?] post it up Yes, rejected:   Site: Sea View Car Park, PL27 6SR Date of Event: 16th March 2024 We are in receipt of your challenge in relation to the above Parking Charge. Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error. As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'. 'The Contract' also details that there is an exception for those with a valid mobile session in place. Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'. Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined. We note that you have submitted evidence of payment; however, said payment is not for this location. It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay. In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter. Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to. Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter. 7 Who is the parking company? Alliance Parking LTD   8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall   For either option, does it say which appeals body they operate under. IAS Hi there, thanks in advance for any help on this.   Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense. I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.) I only had receipts for two instances so I assume the first it didn't go through as had terrible signal. Paid £60 for one of the fines. Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.   Have now received the attached letter of claim. I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance. LOC-alliance-1.pdf Apologies, 2nd page of LOC here. LOC-alliance-2.pdf
    • Would still like to see the court bundle  Any part ex as deposit or any deposit paid on the agreement does imo count towards the one third or the half in the case of a VT
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Kapama trying to enforce Micro Credit Charges


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Hi Everyone! First time poster here looking for some help dealing with Kapama in regards to a micro credit loan, from some general reading I see there is plenty familiarity with them here so I'll get straight to it.

 

I took out a loan with mini credit in 2012 for £100 and they're now trying to play their old trick of adding many charges on so I apparently owe them £1056.00. I don't believe that these charges are enforceable and I point blank refuse to pay them but they're charming debt manager refuses to back down on the issue. I've offered them the original loan sum, one months interest and the default charge (which from reading around the forums is all I have to pay them). After them messing me around for a couple of months they've finally agreed to post me a copy of their companies complaints policy so I can lodge an official complaint with them which I can then take to the FOS when they still refuse to take the charges off.

 

What I would like some help with is what I can write in my initial complaint letter to Kapama in order to have the charges removed. What are the grounds I can do this under?

 

If anyone could help me I'd be really grateful as I would love to stick two fingers up to them.

 

I should say I am prepared to go to court if necessary, and I've seen a few comments on this forum about the judge removing the charges in the court, but will a judge actually do this? Or would a judge force me to pay the whole amount?

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Thanks for the replies guys and this is a position I would love to take.

 

 

I wouldn't give them the option of doing court or not because I'd be filing against them.

 

 

I'm keen to get it sorted because we're saving for a mortgage now and our mortgage advisor is a family friend

and says we'll have to declare any unpaid debt whether it's on our credit report or not

 

 

so any advice on forcing their hand to do this properly would be appreciated!

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If the debt doesnt appear on your CRA why would you have to declare it?

Taking court action again Kapama is a waste of time.

 

We've been told that one of the questions in our mortgage interview would be whether we had any outstanding debt and that we'd be committing fraud if we didn't declare it, hence the motivation to pay what we owe.

 

Why would taking them to court be pointless?

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If its not on your credit file, then stop worrying. If its vastly inflated with their charges then its an incorrect entry and should be removed.

 

basically if its not on your credit file, the mortgage company wont know about it.

 

Theyre a sham of a company and after a few letters will go away, providing you ignore them. You reply to them and they will mark you as gullible.

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

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They keep coming back because they think youll respond if they threaten you, and right now, you are thinking of contacting and paying, so its working.

 

have they done anything bar send you stupid harassment letters? No. Why? because if they were stupid enough to go anywhere NEAR a court, the court would instantly pick up on those charges, refer the company to the FCA and theyd be closed down.

 

As for mortgages, prime lenders want a good 3-6 years of clear and solid history. If they see one historic entry of a pay day loan, or recent entry, theyll decline your application because thyell know you were in hardship and struggled to meet even your basic outgoings.

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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They keep coming back because they think youll respond if they threaten you, and right now, you are thinking of contacting and paying, so its working.

 

have they done anything bar send you stupid harassment letters? No. Why? because if they were stupid enough to go anywhere NEAR a court, the court would instantly pick up on those charges, refer the company to the FCA and theyd be closed down.

 

As for mortgages, prime lenders want a good 3-6 years of clear and solid history. If they see one historic entry of a pay day loan, or recent entry, theyll decline your application because thyell know you were in hardship and struggled to meet even your basic outgoings.

 

I'm aware of this which is why we're saving now read to put our application in during 2018 when my credit would have cleared, including this being removed from my CRA files!

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Hope thats a couple years after its fallen off, because a prime lender wont lend to you if they see a historic or current entry. And you REALLY want to stay away from sub prime lenders.

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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  • 2 weeks later...

They can see more than they let on sometimes. Same as with a bank issuing a loan. They look for a few years of clear history. If you dont have that, then they can guess pretty accurately that you had recent issues that just dropped off your file.

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, Kapama are micro credit. Ran by the same people, just another name.

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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