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    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
    • urm......exactly what you filed .....read it carefully... it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue. you need to get readingthose threads i posted so you understand. then you'll know whats maybe next how to react or not and whats after that. 5-10 threads a day INHO. dont ever do anything without checking here 1st.
    • I've done a new version including LFI's suggestions.  I've also change the order to put your strongest arguments first.  Where possible the changes are in red.  The numbering is obviously knackered.  Methinks stuff about the consideration period could be added but I'm too tired now.  See what you think. Background  1.1  The Defendant received the Parking Charge Notice (PCN) on the 06th of November 2020 following the vehicle being parked at Arla Old Dairy, South Ruislip on the 05th of December 2019.  Unfair PCN  4.1  On XXXXX the Defendant sent the Claimant's solicitors a CPR request.  As shown in Exhibit 1 (pages 7-13) the solicitors helpfully sent photos of 46 signs in their evidence all  clearly showing a £60.00 parking charge notice (which will  be reduced to £30 if paid within 14 days of issue).  There can be no room for doubt here - there are 46 signs produced in the Claimant's own evidence. 4.2  Yet the PCN affixed to the vehicle was for a £100.00 parking charge notice (reduced to £60 if paid promptly).  The reminder letters from the Claimant again all demanded £100. 4.3        The Claimant relies on signage to create a contract.  It is unlawful for the Claimant to write that the charge is £60 on their signs and then send demands for £100.   4.4        The unlawful £100 charge is also the basis for the Claimant's Particulars of Claim. No Locus Standi 2.1  I do not believe a contract exists with the landowner that gives MET Parking Services a right to bring claims in their own name. Definition of “Relevant contract” from the Protection of Freedoms Act 2012, Schedule 4,  2 [1] means a contract Including a contract arising only when the vehicle was parked on the relevant land between the driver and a person who is-  (a) the owner or occupier of the land; or  (b) Authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land. According to https://www.legislation.gov.uk/ukpga/2006/46/section/44  For a contract to be valid, it requires a director from each company to sign and then two independent witnesses must confirm those signatures.  2.2  The Defendant requested to see such a contract in the CPR request.  The contract produced was largely illegible and heavily redacted, and the fact that it contained no witness signatures present means the contract has not been validly executed. Therefore, there can be no contract established between MET Parking Services and the motorist. Even if “No Parking in Electric Bay” could form a contract (which it cannot), it is immaterial. There is no valid contract. Illegal Conduct – No Contract Formed  3.1 At the time of writing, the Claimant has failed to provide proof of planning permission granted for signage etc under the Town and Country Planning Act 1990. Lack of planning permission is a criminal offence under this Act and no contract can be formed where criminality is involved.  3.4        I also do not believe the claimant possesses this document.  No Keeper Liability  5.1        The defendant was not the driver at the time and date mentioned in the PCN and the claimant has not established keeper liability under schedule 4 of the PoFA 2012. In this matter, the defendant puts it to the claimant to produce strict proof as to who was driving at the time.  5.2 The claimant in their Notice To Keeper also failed to comply with PoFA 2012 Schedule 4 section 9[2][f] while mentioning “the right to recover from the keeper so much of that parking charge as remains unpaid” where they did not include statement “(if all the applicable conditions under this Schedule are met)”.    5.3        The claimant did not mention the parking period instead only mentioned time 20:25 which is not sufficient to qualify as a parking period.   Protection of Freedoms Act 2012  The notice must -  (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; 22. In the persuasive judgement K4GF167G - Premier Park Ltd v Mr Mathur - Horsham County Court – 5 January 2024 it was on this very point that the judge dismissed this claim. 5.4  A the PCN does not comply with the Act the Defendant as keeper is not liable.   Interest 6.2  It is unreasonable for the Claimant to delay litigation for four years in order to add excessive interest. Double Recovery  7.1  The claim is littered with made-up charges. 7.2  As noted above, the Claimant's signs state a £60 charge yet their PCN is for £100. 7.3  As well as the £100 parking charge, the Claimant seeks recovery of an additional £70.  This is simply a poor attempt to circumvent the legal costs cap at small claims. 29. Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practise continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (…) the claim is struck out and declared to be wholly without merit and an abuse of process.” 30. In Claim Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ''It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4)) of the Civil Procedure Rules 1998...'' 31. In the persuasive case of G4QZ465V - Excel Parking Services Ltd v Wilkinson – Bradford County Court -2 July 2020 (Exhibit 4) the judge had decided that Excel had won. However, due to Excel adding on the £60 the Judge dismissed the case. 7.7        The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.  7.8        It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4).  In Conclusion  8.1        I invite the court to dismiss the claim. Statement of Truth I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. 
    • Scottish time bar: Scottish appeal court re-affirms the “harsh” rule (cms-lawnow.com)  
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Welsh Water Trashing My Credit File - help


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Hi

can you give me advice on my water rate repayments,

 

I am now clear of mortgage arrears and

 

the only debt I have left is £700 for my water arrears which was agreed to pay at the rate of £50.00 P month until cleared

again I kept to this repayment religiously,

 

however I have just checked my experian report and welsh water has put the account Into a delinquent with 6 showing without us knowing although paying every month on direct debit!

 

I have spoken to welsh water and they said they are doing it to everyone now without telling them because new bills have been produced .

 

Can they do this although I have not missed a d/d payment to them .

 

And how long will this delinquent account show on my credit report,

will it be removed when account brought up to date.

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new bills?

if you are in an arrangement and not paying/paid what you should have

sadly they are entitled to mark your file

I assume this is only the calendar area

and there not an actual defaulted date in the debt summary?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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each cal marker will show in the history of the debt for 6yrs

 

don't like this that's not fair

you really should be demanding that they abide by the ICO rules

which indicate that a debt should be defaulted after the third missed payment.

then atleast after 6yrs the whole debt vanishes.

 

theres something not sitting right with me here...

are you saying

and doing what I used to do..

ie they used to wave their arms that the bill was not paid upfront just after april for the whole year in two bulk payments.

 

viola water [used to be Anglian water] did this to me too

I divided the payments into 12 mts and paid once a month

 

as long as you pay the bill by the following april

I cant see how they default anyone

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Welsh water contacted me by letter in January 2016 saying I was in arrears and if I did not contact them to pay or make d/d arrangement with them they would report to credit bearu,

 

I agreed to pay them £50.00 a month

never missed a D/d payment with them,

 

then in July 2016 we had new bill and still carried on with D/d payments ?

Then when I checked our credit reports in August

they put my account into a delinquent state with the outstanding arrears showing,

 

I spoke to them and they said they are now doing this to their customers,

 

my question was we agreed to the arrangement in January

why have they given us a 6 status on credit report,

why do they ruin people's credit profile when you are making regular payments.

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because it was a new financial year

you made the arrangement for the previous april - april bill

not this year

so they've defaulted you.

 

 

so what are their years start date i thought it was april with the CTAX demands not july?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Dear Mr HXXXX

 

 

I addressed your concerns regarding late payment markers in my assessment email to you of 22 July 2016.

 

I acknowledged that Welsh Water had responded and advised that they were going to take steps to ensure that, going forward, your credit file reflected that payments were being made.

 

In order for us to reconsider this assessment (a copy of which is enclosed with this email), we will need to see further evidence that late payment markers continue to be applied to your account.

 

As Welsh Water acknowledged your concerns on 21 July, we would always give organisations a reasonable period within which to put things right.

 

If, after August 18, you can show that the most recent copy of your credit file still shows the payments recorded as late payments, please provide a copy to us and I will raise your concerns with the organisation.

 

 

Yours sincerely,

 

 

Mark Palmer - Case Officer

Information Commissioner's Office

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I have now had a response to the concerns that you have raised about Welsh Water and their reporting to your credit file.

 

You raised concerns, on 27 June 2016, that Welsh Water were processing inaccurate personal data about you.

 

This was because you had two accounts, one that was defaulted and currently the subject of a legal dispute. For these reasons, this account was "ring fenced" and further payment information, relating to your consumption of utilities, was indicated on a separate account.

 

You raised concerns with us, as the water company were recording late payments on your credit file. You felt that this was unfair and inaccurate processing.

 

As you provided an extract from your credit file indicating that it showed continuous late payments, I raised this concern with Welsh Water.

 

Welsh Water have now responded to the questions I put to them. The key question related to the recording of late payments about you.

 

Welsh Water have confirmed that these payments were mistakenly recorded as being late. They have, however, gone on to say that the reasoning behind this is because there system is set up to communicate with Experian on the assumption that the customers payments are always applied to the oldest debt.

 

Welsh Water have advised that this is an isolated issue, and has been caused mainly by the fact that the arrangement they have with you is not a typical one. It is not their typical policy to apply payments to the latest charges, and it is not something they intend to do with other customers.

 

 

What principle 4 of the Act says

 

Holding inaccurate data does not automatically put an organisation in breach of the Act. We would, however, expect organisations to take reasonable steps to ensure the accuracy of personal data and; when such data is challenged, to assess whether or not the information they hold is accurate, and to amend it accordingly.

 

In this case, I am satisfied that this has taken place. At the point where Welsh Water were made aware that late payments were being logged, month on month, they looked into this and have now put measures in place

to ensure this situation does not continue. For this reason, I will not be making an adverse assessment against Welsh Water at this time.

 

Obviously, if after a reasonable time, the late markers continue to appear on your credit file, we would be likely to contact Welsh Water again to request information as to why this has not been amended.

 

We are satisfied that this problem has been caused due to the unforeseen consequences of recording the unique financial arrangement they have reached with you. As this financial arrangement was designed to help with your financial circumstances, we do not believe that the mis-recording in this case was intentionally prejudicial to your rights and freedoms under the Act, and it would be a punitive measure against Welsh Water for us to make an adverse assessment against them because of it.

 

 

Conclusion

 

As Welsh Water have now taken steps to amend the late payment markers on your account, there is no further action at this point, and the case will be closed.

 

From the correspondence we have had on this case since early this year, it is quite clear that there are extensive concerns between yourself and Welsh Water. These concerns, fundamentally, relate to issues regarding service and allegations of money owed. For these reasons, it is unlikely that the ICO or any part of the Act would ever be able to resolve these concerns.

 

I appreciate you raising these matters with the ICO, but unfortunately, we are unable to help you further in this matter.

 

 

Yours sincerely,

 

 

Mark Palmer - Case Officer

Information Commissioner's Office

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  • 4 weeks later...

Hi

Wondering if you could offer any advice.

 

My partner did not pay the water bill at a previous address when we split up I had to move. I phoned Welsh water and explained the situation in Sept 15. I agreed to pay the outstanding amount £400 by direct debit and set up one for my new property.

I was not advised that this would show as a defaulted account.

I have now paid off the balance and the account shows as closed on my experianreport BUT the last 12 months of payments that were made in line with the agreement are show as missed payments.

 

I have queried this with Welsh water - their response was basically tough luck!!

I previously had never defaulted on any payments with any company and had I been told at the time I would have paid the balance!! The lady from Welsh water was very nice and said I should have been told but there is nothing they can do about it now.

 

Is there any way I can fight this as its killing my credit report!!

 

Any help much appreciated!!

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