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    • Oh god! How silly!   I had so many different tabs and word documents open , cutting and pasting different bits I think I’ve copied in the wrong one.   Just had to nip out. I’ll post the correct version ASAP! X
    • Thank you for your response. I've read through some of the threads, however I haven't found any in a similar situation to mine where the overall outcome of the investigation has been posted (whether it was an out of court settlement or a conviction that resulted in a criminal record).    I'm aware that what typically happens is that you're taken to court where they give you a £1000 fine and a criminal record of 12 months (or 11 years if its an enhanced DBS check). This is the information I received following contacting a the TFL legal advice team.   
    • urm.. that's a telecom defence?? why not adapt the one I pointed you too??    
    • Thank you all again.   I think the word story is quite apt as it is clear from the 29 points over 6 pages that my parents have insisted lots of frankly irrelevant and often untrue things have been included in the solicitors letter.   Here is me filling in the gaps!   There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy.   Not abandoned, it went to court and the court decided it should be sold and the £ divided between my Mother and my Uncle who were the only two children. So maybe they did own it whilst on the market? You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house.   Correct, it went on the market, a few people viewed it, my parents were awkward towards these potential buyers and then I made the offer to the estate agent and purchased it. This was in 1999. We talking about 20 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed.   Exactly, 20 years is ridiculous, and during that time my Father could have purchased it from me, instead of purchasing their own council house, if they really wanted to it 'back' as they keep saying. Yes market value in need of work and all above board. Although a lot of things have passed – including home improvements, tenancies et cetera, from the story you have told us, neither your parents nor your uncle have been involved in this at all. My Uncle has also sadly passed away.   I obtained additional borrowing to fund the work needed in 2008 (not mentioned in letter obviously) and have found some receipts, emails and mortgage letter to back this up, but in the letter my parents claim they paid for all this and carried out the work as I ‘had little interest in the property’ also all correspondence from letting agent is to me, but in letter claims by Father did all these and ‘I merely singed the tenancy’ which is rubbish.   One weird thing, the garden shed is still full of my Grandad's tools and my parents have the only key to this, have visited it randomly and instructed a builder person we both know over the years to trim the hedges. This was always been behind my back and have asked them to let me know or I can do it. I spoke to him yesterday and they have always paid him cash, so no paper trail.   Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Yes, although the ‘trust’ that is mentioned is literally something they have made up, assumed or otherwise. There is absolutely nothing to my knowledge of this kind in place.   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 20 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem.   Reason being it is referred to in the letter and quite representative of the whole letter, rambling. My point was it is not true and I am the one who has paid for these. It’s almost like they are trying to paint me as someone collecting the rent money whilst the did all the hard work and paid for things. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property.   Agreed You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event.   Lets hope so So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth.   Good point about me being a trustee, if, such a thing were in place. I had a google of the meaning and I honestly don’t feel it meets any of the criteria. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I wouldn't supply this to their solicitor but if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me but we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions     I do really appreciate your time and effort on this. Yes, when I read it all again, rubbish does spring to mind.   My parents have been very challenging to say the least and have no idea of the consequence of their actions. To be honest, they have almost shot themselves in the foot as there is so much detail in the letter, lots of which is untrue and I can prove this. If it ever got to court and I really hope it doesn’t, I can only think this would go against them.   I really do think the solicitor (who is the same one that rinsed them ££££ over the will) is just charging them for this letter, which may have been a good few hours with the unneeded detail, knowing fully well this wont go anywhere!   Another thing the letter requests that I confirm I wont sell, rent out or re-mortgage the property!!! I have literally just started a new mortgage and need tenants to pay the rent, I don't think this request hold any water at all?   I hope this does come to nothing and hopefully helps others along the way!
    • god no never invite pointless letter tennis   dx  
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CP PLUS charge notice at MOTO Heston West **CANCELLED**

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Hi,

 

New here, would appreciate a good advice!

 

Received a 'CHARGE NOTICE' from something called CP PLUS limited.

The letter states there are BPA member and the postal address is PO BOX 3573, Barnet, EN5 9QA

 

They sent a photo of me going in and out the private car park (that's heston west services to do with costa, travelodge, etc.).

They say I overstayed by 50 minutes.

They provide a photo of the sign saying that parking charges apply after 2 hours, how to pay post 2 hours and that camera enforcement is in operation.

 

Few questions:

 

1) Along with phone (03339390104) and address, they also provide a link to appeal:

APPEALPCN.CO.UK

This looks VERY dodgy, and besides it is an unsecure form.

Is this legit at all?

 

2) I can't see their company website address anywhere, is that normal?

Searching cp plus online doesn't give much info either.

[problem]?

 

3) They demand £100 to be reduced to £60 if paid within 14 days. Is that a reasonable charge at all?

 

Any advice?

 

Many thanks

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Wait for others to advise you first.

 

However DO NOTHING yet.

 

Can you scan and post up the begging letter they sent you, ENSURE you remove ALL identifiers first.

 

When did you park here?

 

When did they send you this letter?

 

Is it addressed to the registered keeper, or marked Notice To Keeper?


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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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Bazooka Boo: thanks, attaching the scans!

 

Received a week after parking.

 

Says 'issued to'.

 

dx100uk: thanks, looks like those links are quote old though and this company quotes parking eye v Beavis.

 

IN ADDITION: I only stopped there because there was a huge traffic accident on M4 blocking EVERYTHING and actually there were 2-3 hour queues, almost standing and nowhere else to go/park. So I managed to slip into these services and moved away only after the situation has been resolved on M4. I had no choice really!

cpplus1.jpg

cpplus2.jpg

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bevis means nothing .

simply willy waving it applies

it doesn't.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Usual garbage from CP plus.


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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Any suggestion how to fight them off?

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Sit tight and wait for the regulars. Theres no rush at all.


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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read the threads in post 3

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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the demand is not compliant with the PoFA to create keeper liability as it fails to say who the creditor is.

 

 

I would also bet that if the signage at the site is the same as the letter

then there is no contract as the signage has inadequate terms to form one.

 

A short letter saying that "the signage you refer to is inadequate to form a contract

and you have failed to create a keeper liability under the PoFA 2012 by way of your current actions.

Desist from further communication as this will be construed as harassment and dealt with accordingly".

 

No need to be overtly polite and dont add to this by way of explanation about the event

or anything about who was driving at the time.

 

 

If they respond they must offer you the chance of appealing to an "independent" assessor.

Failure to do that kills any chance of a future legal claim.

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ericsbrother, thanks! i'll try and post the results here.

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Just received another letter demanding to pay the full amount since 14 days discount has been passed. They haven't responded to my appeal at all. What to do?

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nothing await the appeal reply


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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dx100uk: I've sent the wording ericsbrother kindly provided. Do you think that counts as an 'appeal'? Are they obliged by law to respond to any correspondence in regards to the PCN?

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post 10


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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They won't 'respond' by Law or anything, as they are morally bankrupt and they don't even abide by the Law themselves.

 

They are simply hoping and preying that you will cough up so they can continue their unlawful demands on other innocent motorists.


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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So why don't we actually do referendums on really useful things: looks like there is a lot of unclear and messy stuff in motoring alone. Someone should be responsible for this mess.

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The government allows them to self regulate. Remember, these are the cowboy clampers. Same people different tactics. And it took them YEARS to shut them down.


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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SUCCESS!!! Thank you!!

 

 

OUTGOING:

 

"The signage you refer to is inadequate to form a contract and you have failed to create a keeper liability under the PoFA 2012 by way of your current actions.

 

In addition, the online resource offered as the first contact represents a major violation of the Data Protection Act also since communication is not encrypted and thus personal information could be intercepted and stolen by third parties.

 

Desist from further communication as this will be construed as harassment and dealt with accordingly."

 

INCOMING:

 

"Thank you for your correspondence concerning the above stated PCN.

 

In light of your claims, the representations stated in your appeal have been noted and upheld.

 

We can confirm this Notice has been cancelled in full and no further action will take place on this occasion."

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well done

 

 

dx

 

 

 

 

 

 

 

 

 

 

 

 

The Consumer Action Group needs help to cover its expenses.

You could help by making a money contribution to http://www.consumeractiongroup.co.uk/paypal.php?go=donate

or by downloading our toolbar and using it to search the web instead of your normal search engine:- http://consumeractiongroup.co.uk/cag_plugin.php

Please help.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I reckon CP Plus have realised that if someone gives a knowledgeable response they know they will get nowhere with their threatening letters and are now cutting their losses and backing off. Good result.

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