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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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unfair charge

Advice needed please. UKPC Unfair Charge

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Hi,

 

I am new to the forum and to parking tickets. Today after calling into a shopping centre and parking in a disabled bay with a blue badge displayed. I came out to find a ticket on my window screen from UKPC stating the reason as "Parked in a disabled person's space without clearly displaying a valid disabled persons badge". The blue badge has slipped down the dash board, this is the picture they took UKPC Picture.png

 

Can someone please advise do I contact them and appeal, or do I ignore this parking fine. Thanks in advance.

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Hi and welcome to CAG.

 

Do nothing as yet. As this is a windscreen ticket, you don't want to identify yourself as the driver. Wait for the notice to keeper to arrive which should be in 29 to 56 days time. If before or after those times, they will be stuffed.

 

Disabled bays in a shopping centre have no lawful standing but as it is you did display the badge. How could you anticipate that it would slip down the dashboard and turn upside down.

 

While waiting for the NTK to arrive, go back and photograph the signs. UKPC have been slapped a few times in the last few months.

 

Check with your council re the planning permission of the site and what parking rights were agreed.


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They are truly desperate!

 

What a joke of a company to work for.

 

Do nowt, await the NTK, then take them to the cleaners, utter fools.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi,

 

I am new to the forum and to parking tickets. Today after calling into a shopping centre and parking in a disabled bay with a blue badge displayed. I came out to find a ticket on my window screen from UKPC stating the reason as "Parked in a disabled person's space without clearly displaying a valid disabled persons badge". The blue badge has slipped down the dash board, this is the picture they took [ATTACH=CONFIG]61329[/ATTACH]

 

Can someone please advise do I contact them and appeal, or do I ignore this parking fine. Thanks in advance.

 

You do not contact them yet, and you do not ignore.

 

As already stated, wait for the NTK.

 

What shopping centre was this please?

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Thank you all for your help. This was in the Rushmere Shopping Centre, Craigavon, N.Ireland. I was really shocked when I returned to find the ticket. I will give the council a ring tomorrow and go back and take some pictures. Thank you again.

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This makes a lot of difference. PoFA does not apply in N.I. therefore they can only go after the driver (this is my opinion although others may differ)

 

The Protection of Freedoms Act only applies in England and Wales.

 

UKPC will try it on and make assumptions that the registered keeper is also the driver and as such they will fall foul of the BPA rules and also once you have appealed to UKPC and been rejected, there is no appeals service available so in my humble opinion, just ignore everything.

 

UKPC would have to take court action to enforce the ticket and that can only be against the driver and you have no responsibility to name them.

 

If UKPC write to you as the registered keeper, you can complain to the BPA and the DVA (Ireland)


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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Check with your council re the planning permission of the site and what parking rights were agreed.

 

I have been on Rushmere's site, it seems UKPC are a new appointment by the centre's management so I don't think parking rights were agreed prior or with planning permission. This is what they have written on their site

PARKING MANAGEMENT COMPANY AT RUSHMERE

 

We continually poll our customers for feedback on that experience, and, overwhelmingly, they have told us that being able to park quickly, safely and in an appropriate parking bay are their top priorities when coming to shop with us.

Many customers have repeatedly told us of their concern at individuals who have abused designated disabled parking bays and parent and toddler bays, or of cars which have parked on double yellow lines, on the kerb or on footpaths, and of drivers who have parked across two spaces.

Earlier this year, we were also approached by Diane Dodds MEP who too expressed concerns about the problem of individuals who abuse disabled car parking bays.

In recognition of these issues, and to help us to improve our customers' experience, Rushmere Shopping Centre has appointed a dedicated, professional car parking management company to help ensure that these are not recurring problems and that every driver who visits can park quickly, safely and, ideally, in a designated disabled or parent and toddler bay with ease.

To ensure that all our customers had plenty of notice of the new enforcement arrangements and conditions, we have installed 127 new signs on 18th July 2013 - a full month before the new rules were due to come into force.

In a further effort to ensure that customers were properly informed, attendants were also available in the car park from 5th August to directly advise customers who had any queries or concerns. Attendants also issued warnings - but no fines - to a number of customers who had parked appropriately.

We are also keen to point out that unlike many shopping centres across the UK and Ireland, we do not levy any car parking charges - it remains free for everyone at all times.

However, as this is an entirely new system, naturally, we fully accept that it will take time for customers to get used to the new rules and to start seeing the benefits which they bring for everyone, particularly those with special requirements.

In the meantime, I would urge customers to take their time and observe the new parking rules and to contact us if they have any queries.

I wonder if I should contact the Rushmere management or would this make matters worse. This has really upset me so I apologise if i am going on a bit.

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As said, for the moment you do nothing as in N ireland the PoFA does not apply

so they are relying on you being nice to them and sending them a cheque for nothing.

 

 

In England they then have to send a notice to keeper through the post between 29 and 56 days

after the event to invoke the law that gives then the right to assume keeper liability if certain tests are passed.

 

 

that will never happen in your case

so should they write to you in the future

you can respond that there is no keeper liability

and that their claim is laughable

and you look forward to having a day out at court all expenses paid courtesy of them.

 

They are on to a loser for at least 3 reasons so far,

they will probably add to that tally by their own actions.

 

 

You are right about them only having an agreement with the management co

beig not good enough for enforcement of contractual conditions

 

 

so if you get the NTK a complaint including that reason can be made.

 

 

Also make a complaint to the DVLA about them releasing your details

when there is no cause of action as no keeper liability.

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Thank You Ericsbrother. I will try and put this out of my head for now, see what happens next. Thank you again for your help.

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Hi everyone,

 

Well it seems UKPC have my details from DVLNI,

I received this letter from them at the end of last week. It is dated 25/2/2016.

 

WP_20160301_001.jpg

 

 

I apologise for the picture, my scanner has given up the ghost and I had to use my mobile phone.

 

 

Hopefully have a new scanner by the end of the week so I can reupload a better picture then.

 

Can someone advise what I do now, is this when I contact them, or do I ignore again?

 

Thank you in advance for all your help.

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read post 8

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Hi

It depends on what you want to do. It is quite easy to ignore them or wind them up by appealing as the Keeper. You are under no obligation to name the driver and neither are they permitted to chase the keeper. there is no independant appeals service in Northern Ireland so IMO, ignore then ignore some more

 

I would complain to the DVA for disclosing keeper details with no grounds.


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 DX, I will put together a letter of complaint to both UKPC and DVLNI. When I read post 8 before I didn't connect NTK abbreviation with the letter. I thought I was waiting on court documents :roll: but now my brain has kicked in and I realise NTK is Notice To Keeper, duh. Thanks again.

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Hi Silverfox, So just a complaint to DVLNI? I would rather not wind anyone up, and although it seems to be in my favour, I also would rather stay away from courts. So I am confused as to the best option to take to end this nonsense once and for all. If I ignore, will this be the last or what usually happens next? Thank you for your reply and advice.

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If you ignore, they will pass on the charge to a debt collector who will write to you. I don't believe they have doorstep collectors in N.I as it would be a bit risky for them.

 

The letters will say 'may','could' but nothing definite. In fact they have even less power than UKPC so they can be safely ignored. If memory serves me right, there have been no court cases in Northern Ireland since late 2014.

 

By all means appeal the charge but you will be rejected with no further appeal allowed. You could even put in your appeal that as you are in N.I, there is no keeper liability so they should not have been writing to you anyway. Also explain to them that as you are a busy person, dealing with this matter is costing time and if they choose to write to you again and put you in a position of having to respond, you will then issue a fee for reasonable expenses and time involved with dealing with this case.

 

With that, you would have grounds to sue them where they cannot sue you ( that is me being mean to the poor fools) :lol:


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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lmao I am so tempted to write that letter (it would be fun) but I'll refrain and ignore them. There have been instances of debt collectors calling to doors in certain housing estates here in NI, to be threatened, chased and on a couple of occasions had their transport removed and set on fire, so no it is not normal for them to arrive on those doorsteps, not sure how they feel about my estate though lol. It seems from your advice writing to them will be a waste of time, but if it does go to court would it go against me that I ignored them? Thank you Silverfox for your time and a good laugh.

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Ok, letter headed Notice to Keeper. That sinks their claim as there is no legislation in NI that allows them to write to you in that capacity. as said, they are relying on your ignorance or maybe they are ignorant of the law that allows them to operate, either way you can ignore them or waste your time complaining to the DVLANI about making false declarations accessing your data.

It wont go to court because they will get such a spanking and they must know this or be even dimmer than we give them credit for.

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