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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and 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.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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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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