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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   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.   1. 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. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   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:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © 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;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request 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 CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   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 relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well.   But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them.   If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction.   Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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Thewigster

Misread Sign and Napier FCN received - civic drive ipswich

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Hi Peeps

other day i received a charge notice after parking at a napier car park in civic drive ipswich .

 

Dad is a blue badge holder .

 

I checked the board but due to the height and my not so perfect eye sight i misread the line "blue badge holders are not exempt from these charges" as " blue bagde holders ARE exempt from these charges .

 

whats the likelyhood of a sucessful appeal on this one ?

 

thanks in advance

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Hi,

If this was a windscreen ticket, do nothing until the Notice to Keeper has arrived. This should be between 29 and 56 days after the event.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi,

If this was a windscreen ticket, do nothing until the Notice to Keeper has arrived. This should be between 29 and 56 days after the event.

 

Yep ticket in a nice clear packet

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then wait for the NTK, it is probably not POFA compliant so you will then be able to tell them to get stuffed.

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as post 4

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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Morning everyone hope a pleasant christmas was had by all. Just to update on this I've received NTK can I ask for a little help with POFA compliancy ?

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Have a read around. This is a self help site. There are plenty of threads that deal with your exact issue. If you get stuck, show us what you found and your interpretation and we can advise


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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scan it up to pdf please

follow upload


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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attachment rotated and converted to pdf


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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attachment rotated and converted to pdf

 

Thanks for your help. Not very good with technology

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Hi

This should have been done at the start of this thread.

 

Can you give us the answers to this post.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

Was the disabled badge prominently shown.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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One more thing, The IPC code of practice state.

 

Under the Equality Act 2010 it is your duty to make “reasonable adjustments” to assist

disabled people to use any services you provide. It is incumbent on operators to

determine what is necessary on their individual sites. Adjustments could include

lowered pay and display meters, lowered signage and wider parking bays marked

specifcally for disabled drivers

 

Were there lowered signs?


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi

This should have been done at the start of this thread.

 

Can you give us the answers to this post.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

Was the disabled badge prominently shown.

Yes both parts to it. Id card and time card

 

One more thing, The IPC code of practice state.

 

 

 

Were there lowered signs?

 

No all at the same height

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It doesn't matter as you will get rejected by Napier anyway. Any appeal to the IAS will also result in a rejection as they are so biased, it's untrue.

 

What is likely to happen is that you will get more begging letters but nothing of any concern. In the 9 months to September 16, Napier issued just over 10.5k tickets nd took court action once. I suspect they lost that case as if they had won, tey would have been more confident on taking more to court.

 

As I see it, I would sit on my hands and the only time to do anything is if a Letter Before Action (LBA) or a court claim arrives.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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OK, NTK is POFA compliant so any argument will be over the signage.

 

You say that you misread it,

this leads to the questions of how big were the signs and how big was the small print?

 

Also were the signs at the entrance to the car park different to the signs scattered about and what does the blurb on the ticket machine say?

 

To form a contract at the outset the signage must have all of the details of the contract offered and the signs must essentially all be the same.

 

The wording on the ticket machine, if different to the signage is the bit that offers the contract and is only entered into when you put your money in the machine.

 

If you dont feed the meter and the signs say "see machine for conditions" or the like then if you ignore them you are trespassing and that is not a contractual matter with the parking co.

 

by misreading the signage you havent actualy entered into a contract becasue you didnt pay unless the signs have the same wording as the machine.

 

Would I appeal?

Not without revisiting the site and photographing the signs and pay meter and after that only to say that no contract formed and they can get tae the back of the bus.

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Thanks for the reply,

 

I would as you say have to revisit as I never bought a ticket after reading the sign.

 

But what your saying is that unless there is a sign identical to the one I read then no contract was formed

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no,

I am saying that the sign may not be a contract but an invitation to treat

and that allows you to not have to accept its terms but to make other enquiries or considerations.

Once you put money into the machine the contract is formed but uo to that point you havent agreed to anything.

 

The wording of the signage then becomes vital to knowing what you are being offered and whether you accet it or not,

 

 

the critical thing is that you dont have to accept it but can still park there with the risk of being a trespasser.

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Ill go down in the week and get some photos of the signage , see what you think

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Attached some pics of the signs today. If you imagine I'm 6ft tall and I had to point the camera to the sky to take them

20170105_142942.jpg

20170105_143010.jpg

20170105_143109.jpg

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the signs contain the information needed

but as you say, they are a sod to read so can you estimate their height above the ground?

I presume the one next to the ticket machine is the same wording as the others.

 

Can you also tell us how long the co has been running this car park and who owns the land?

The former will help regarding whether they have planning permission for their signs and if they dont they are breaking the law.

 

 

Criminal activity=no contract can be formed.

If a recent enterprise the PP will be listed on the council planning portal,

most councils have these but some only go back a couple of years for online searches so you may have to ask them.

 

 

For the second point there is an argument about whether the size and colour of the writing can lead to condusion or problems reading and understanding the contract offered (consideration and acceptance).

 

 

This is always something that is subjective and no-one can sat that such and such is OK but so and so isnt so the planning matter will be the killer for them

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I would estimate the bottom of the sign must be 7ft from ground level. As I said I'm 6ft and I can stand comfortably under it. Yes the signage by the machine is identical but in all honesty I don't think the lettering on that is big enough either.

 

Regarding how long they have been there I don't know. The car park used to be used as a market a few years ago and was owned by wolsey theatre. Don't know if the sold it or they lease it to napier? ?

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then look at the planning portal and see it it is listed.

 

 

It is usual for parking co's to claim deemed consent but if you read what is allowed under deemed consent their signs dont fit with any of it so express consent needed.

 

Ultimately this is an easier argument but like the wording on a sign offering a contract it is all down to how someone else interprets it and you can bet that whoever considers this wont be an expert on planning and contract law.

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done some research tonight and found this . not sure i understand how a place can be up and running and trading as a business when the planning is still pending ?

planning.docx.jpg

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