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    • Hello DX100UK and all observers. I am delighted to announce I have had no further communication from Shoosmiths Todays date is 20th August 2019  That is the 20 year anniversary of the original decree granted at the Scottish sheriff Court on 20th August 1999 The 20 year prescriptive period should kick into force. Celebrate   Would any further letters now constitute harrassment ?  or does the debt technically still stand but just not enforcable ? They cant seek a new decree ?    
    • Now some at this stage might think I'm leading to doggerland as the site of Atlantis   https://www.winterwatch.net/2019/01/did-the-inspiration-for-atlantis-flood-and-ark-legends-stem-from-paleo-doggerland/           but for a number of reasons, I'm not ... although I think it is a part of the larger story,   Its a little late. I believe the final inundation of doggerland is part of the later Biblical flood and related myths. (Black Sea, Arabian Gulf, West coast of India etc) ... but worthy of mention is that it could effectively make up one of three 'larger' islands as detailed in the legends far better than the Azores does. ... and mammoths/elephants crossed that bridge - although carefully check the dates of those mammoth/elephant migration evidence. They seem to end 11000bp.           http://www.bbc.co.uk/earth/story/20150722-lost-beasts-of-the-ice-age   http://www.canada.com/technology/Massive+Canadian+melt+have+triggered+flood+biblical+proportions/3954124/story.html   https://en.wikipedia.org/wiki/Outburst_flood   http://www.talkorigins.org/faqs/flood-myths.html#Sproul    
    • Hi.   Someone reported that your pg1 still had the reg number showing, so I've removed it and left pg2.   HB
    • Yes because you have not entered into an agreement with the claimant...nor do they state you ever did.   2.The loan was funded by Ferratum Uk Ltd.
    • Hi DX   Thank you for that.   No house move    Doh ... I know what a PAP LOC is now (apologies for being slow !)   I have had a tinker and found another defence example which I have taken account of.    How does the following now look ?  (bit lengthy apologies in advance !) **********************************                                                                           Particulars Of Claim 1.The claimant claims this amount in respect of an unpaid loan, regulated by the Consumer Credit Act 1974. The loan was funded by Ferratum UK Ltd.   2.The Defendant has failed to make payments in accordance with the terms of the credit agreement. The credit agreement was assigned to the Claimant upon which a Notice of Assignment was sent to the Defendant.    3.The Defendant has either failed to respond to the Claimant or has failed to maintain regular payments.   4.The Claimant has issued a Letter of Claim, providing the Defendant with a further opportunity to arrange repayment of the outstanding balance to no avail.    5.The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 11/02/2019 to 23/07/2019 on  £417.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.09."    " Defence    1.            The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5(3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC   2.           Paragraph 2 is denied. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.  And it is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925    3    Paragraph 3 of the particulars is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £431.81. It is denied the defendant failed to abide by the terms of contract.   4.       Paragraph 4 is noted although I have no record of ever receiving a Default Notice or Notice of intention to serve a Default Notice in this matter.    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request.   (a) show how the Defendant has entered into an agreement ; and (b) show and evidence the nature and service of a default notice pursuant to sec87.1CCA1974 © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7 .As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any   ******************** end of defence ************
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Will4Just

UKPC parking charge while I was parked on hospital staff park while on duty

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Please, could any one kindly advice me.

 

 

I used to be an employee of the Bucks hospitals (NHS) Trust working at the Wycombe hospital.

I have now retired but they retained me as a bank staff helping them out when they are really short of staff.

 

 

I occasionally work there at weekends and nights when parking is not a problem.

Now UKPC which recently took over the parking management are giving me these parking charges which I feel are rather unreasonable.

 

 

They recently gave me a parking charge while I was parked and inside the laboratory working.

I just find it ridiculous because here I am providing a very important service in the hospital for the benefit of patient care and then these people keep worrying me with these parking charges.

 

My question is,

shall I just ignore them and wait till they take me to court?

Is my contract with the hospital to provide laboratory testing not superior to any perceived contract that UKPC might think I have with them?

 

 

After all to provide my service I necessarily have to park on the site.

Moreover it is never during hours when parking is limited.

 

By the way,

when the hospital originally introduced parking control it was meant to be operative only during working hours. (9am -5pm, Monday to Friday).

 

 

However, UKPC has now extended it to 24 hours a day, 7 days a week.

I think because of the financial incentive they prefer it this way.

I am prepared to fight it all the way but I just wanted to know what my chances are.

 

I also question this idea of the hospital grounds being private land. is that really the case?

is an NHS hospital car park regarded as private land?

It is our hospital, we the tax payers, right?

please give me all the advice available.

 

Oh, I have not bothered to apply for a parking permit because I don't need it except the odd weekend day or night.

 

 

Applying for a permit would only deny another member of staff who would really need it since there are only a limited number of permits available due to the limited number of spaces.

Thanks to every one in advance.

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Get your employers, the hospital trust, to instruct their agents UKPC to cancel the charge.

Do not contact UKPC until you receive the NTK.

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Thanks;

but when I got similar charge in February last year before I retired,

I raised it up with the estates department of the hospital and they were very unhelpful.

 

 

They were supporting UKPC, that I needed to have a permit. But then, I walked to work so I didn't see why I needed one.

 

 

I only drove to work at night or weekends.

 

 

I appealed to UKPC and they rejected my appeal,

so I just ignored the parking charge and any subsequent correspondence from them.

I didn't hear from them again until this new charge.

 

Oh, I have now received the NTK letter.

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If you had already appealed as the driver then sending the NTK is pointless and an abuse of process but that will cut little ice with anyone.

Tell us the date of the event and what the ticket said plus when you appealed what the grounds were and what their response was.

Whether they have the right to ticket you wil depend upon your employment contract, the hospital trust doesnt give a stuff about its staff so they wont help you in any way but your terms of service might well override any claim the parking co has so look it out and see what is says about paying to park or parking permits.

There are plenty of things to argue about but start with htis and we will see if anything else is then needed.

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Ok; sorry may be i didn't make it clear in my reply. The one I appealed against was the charge issued last year. That one didn't need an NTK letter. That is the charge I said I just ignored after the hospital's relevant department wouldn't assist me. When I ignored it, and any subsequent correspondence it sort of died off. Now the one I am about now is a recent one. They had to send me the NTK because I didn't do anything when they issued the ticket. Moreover I am now using a different car from the one I had last year. So my deli ma is now with the current charge notices; 2 in 4 weeks, given while on duty on the same spot.

I will see if I can go through my contract details, but I strongly suspect it would be silent on parking issues.

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To clarify, you knew that the hospital was operating a permit system for staff. You didn't bother obtaining a permit and subsequently received a NTD which you appealled and asked the trust for help. They told you you needed a permit and UKPC rejected your appeal.

You have ignored any letters received regarding this charge.

 

Now you have received two further parking charge notices because you do not have a permit and still park at the hospital.

 

What did you expect would happen?

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It is not what I expect would happen. It is whether what is happening is right. Why should staff be given parking charges at off peak hours when there is no shortage of parking at these times? Is this now a money generating strategy or is it a parking management policy? If this was not stated in my contract can I be compelled to pay these charges?

I still have to park there because I have to perform essential services for patient care.

Edited by Will4Just

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Please, could any one kindly advice me.

 

 

I used to be an employee of the Bucks hospitals (NHS) Trust working at the Wycombe hospital.

I have now retired but they retained me as a bank staff helping them out when they are really short of staff.

 

 

I occasionally work there at weekends and nights when parking is not a problem.

Now UKPC which recently took over the parking management are giving me these parking charges which I feel are rather unreasonable.

 

 

They recently gave me a parking charge while I was parked and inside the laboratory working.

I just find it ridiculous because here I am providing a very important service in the hospital for the benefit of patient care and then these people keep worrying me with these parking charges.

 

My question is,

shall I just ignore them and wait till they take me to court?

Is my contract with the hospital to provide laboratory testing not superior to any perceived contract that UKPC might think I have with them?

 

 

After all to provide my service I necessarily have to park on the site.

Moreover it is never during hours when parking is limited.

 

 

 

Oh, I have not bothered to apply for a parking permit because I don't need it except the odd weekend day or night.

 

 

Applying for a permit would only deny another member of staff who would really need it since there are only a limited number of permits available due to the limited number of spaces.

Thanks to every one in advance.

 

Thanks;

but when I got similar charge in February last year before I retired,

I raised it up with the estates department of the hospital and they were very unhelpful.

 

 

They were supporting UKPC, that I needed to have a permit. But then, I walked to work so I didn't see why I needed one.

 

 

I only drove to work at night or weekends.

 

 

I appealed to UKPC and they rejected my appeal,

so I just ignored the parking charge and any subsequent correspondence from them.

I didn't hear from them again until this new charge.

 

Oh, I have now received the NTK letter.

 

It is not what I expect would happen. It is whether what is happening is right. Why should staff be given parking charges at off peak hours when there is no shortage of parking at these times? Is this now a money generating strategy or is it a parking management policy? If this was not stated in my contract can I be compelled to pay these charges?

I still have to park there because I have to perform essential services for patient care.

 

Take your grievance up with the trust if you think it is not right. What does your contract state about parking then? Are you required to pay for a permit? Is that why you have not obtained one?

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Some employers have a perking policy that is part of the terms of employemnt so they say things like you may not bring a vehicle into the car park without permission or say that parking spaces have to be applied for and then specify what will happen if you ignore this. Generally older contracts wont say anything and you will have been informed verbally of whatever local arrangement is in force. Now, with this a contractual condition is created and it will take a formal notice by your employer to change this. The parking co cant introduce a policy or scheme that is to the detriment of your contract of employment so until someone on high then decides to force a change in the terms and conditions of employment you have a cast iron reason to ignore/dispute any claim and also a good reason to raise a grievance with the employer. Generally this, like other methods of beating these bandits, works once then they will have words with their point of contact and the little people will get screwed by production of a suitable diktat.

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