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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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Katmandolino

'Civil parking charge Notice' from Athena ANPR Ltd

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Hi.

 

 

I've just had a 'Civil Parking Charge Notice' from Athena ANPR Ltd.,

 

 

as their photographs appear to show there was a overstay in the free parking time in the Lidl car park, of 13 minutes and 50 seconds.

 

 

They want me to pay £90.00 or £45.00 if I pay within 14 days.

 

 

I think this is an outrageous demand

 

 

I truly cannot afford to pay it (which is why I shop at Lidl in the first place).

 

 

Do you have any advice to offer me regarding what I should say in my appeal letter?

 

 

I would be most grateful for any assistance.

 

 

Thanks in advance,

 

 

Kate

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moved to the correct forum and retitled.

 

 

when did you park there please

 

 

what is the letter you have

 

 

notice to driver

or

notice to keeper?

 

 

dx


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

 

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Hi and welcome to CAG

 

As DX says, DATES. these are important initially so:

 

Date of parking

Date of letter.

Date received

 

Did you keep the receipt from shopping?

How did you pay for the shopping? Cash/card?

 

As far as I can tell Athena don't take people to court for this.


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Hi.

 

 

I've just had a 'Civil Parking Charge Notice' from Athena ANPR Ltd.,

 

 

as their photographs appear to show there was a overstay in the free parking time in the Lidl car park, of 13 minutes and 50 seconds.

 

 

They want me to pay £90.00 or £45.00 if I pay within 14 days.

 

 

I think this is an outrageous demand

 

 

I truly cannot afford to pay it (which is why I shop at Lidl in the first place).

 

 

Do you have any advice to offer me regarding what I should say in my appeal letter?

 

 

I would be most grateful for any assistance.

 

 

Thanks in advance,

 

 

Kate

 

What was the date of the parking event and when did the NTK hit the doormat?

 

Lidl do cancel for genuine customers;

 

Recent press comment from Lidl said:

 

"We do encourage any genuine Lidl customers who have received a parking charge notice to get in touch with us directly via our customer services hotline number. Those customers who feel that they have been wrongly charged should then just provide us with proof of purchase and we will appeal the charge on their behalf.”

 

Call :*0800 977 7766

 

Try that first but do so as the RK without identifying the driver.

 

Make it clear that you are disgusted at how they let an agent of theirs treat genuine customers, and that you will not be returning unless the charge is cancelled immediately.

 

Be firm and polite on the phone with Lidl...

 

Do not worry about the 14 days Athena quote, but you may have to put in an appeal to them before 28 days depending on how quickly Lidl deal with it. Do not phone Athena.

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Hi again.

The date of the incident was 02.02, the date of the Notice to Keeper is 04.02 and I received it on 06.02.

They say my vehicle entered the car park at 13:35:34 and left it at 15:19:24.

Regards,

Kate

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like tosee the content of the NTK as it is OK timewise.

 

Another thing is that with less then 2 hours parking I wonder if there is anything in the planning consent

that limits customer parking to 1.5 hours.

 

 

i would be asking the local council planning dept about what was put on the planning app

and permission regarding parking at the store.

 

 

It is quite common for the PP to say either frre parking for customers or free parking for users for 2 or 3 hours.

 

 

No-one can then change this unilaterally as they are breaking the law

and LiDL are the ones who will get fined for the criminal breach of planning consent

 

 

so get asking and if this is the case let Lidl know you are going to be after them for conspiring with Athena

in their attempted fraud.

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I have just spoken to Lidl's customer services and they are dealing with it on my behalf. Panic over. I thank you all so much for your kind assistance and I have made a small donation to the site. I will let you know the outcome of this so hopefully, it can be of help to others. Thanks again,

Best regards,

Kate

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I have just spoken to Lidl's customer services and they are dealing with it on my behalf. Panic over. I thank you all so much for your kind assistance and I have made a small donation to the site. I will let you know the outcome of this so hopefully, it can be of help to others. Thanks again,

Best regards,

Kate

 

 

Well done. :thumb:

 

Make you get the cancellation in writing and keep it safe.

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It would be wise to get something in writing such as an email, acknowledgement taht this is the case, parking co's are not unknown to ignore such a request from their employers.

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