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    • Hello, Firstly, I am a few steps into this whole process so unfortunately I have missed out on the advice which states what I should have done initially. I am hoping I can still salvage my situation from this point. Facts- - I own the flat and the parking bay that comes with it. - The management company have hired a separate company (LinkParking) to manage the parking. - I have a permit for my car but my car was elsewhere which is why I couldn't give the permit to anyone else. - My girlfriend parked her car in my bay without a valid permit, instead we had a photocopy of the original permit- I realise this is where I went wrong but the original permit itself was printed on a piece of A4 paper AND when I bought the flat I was never told about requiring a permit and had issues with these guys before. Unfortunately we appealed to LinkParking with a substandard appeal (I realise this was substandard after reading through everything else on these forums). They of course denied it. We then appealed to IAS directly based on guidance from other websites, copy of the appeal is below- I was issued with a parking ticket on 20/12/2019 but I believe it was unfairly issued. I have responded to this notice and 'LinkParking' have denied my appeal and have requested I contact the IAS. I am writing to you as per Section 7.4.2 from the IPC Code of Practice and would therefore like appeal this notice on the following points The car was parked in my own car parking bay which I OWN. I was still unfairly issued with parking tickets. The lease agreement does not state that I require a permit to park in the bay as I own the property and the parking bay that comes with it as per the HM Land and Registry register. This lease has primacy of contract over any agreement the management company may have with LinkParking and therefore legally is invalid. The large sum demanded amounts to a penalty and/or is not an accurate reflection of any loss suffered so it is not a reasonable charge. The monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999. The contractual breach can have caused no financial loss whatever to LinkParking or to the land owner. Once again, the car was parked in my OWN bay and therefore did not cause damage to any third parties. The Parking Charge Notice constitutes an invoice for payment. Accordingly the invoiced charge must include an element of VAT. However, the parking charge notice does not state either a VAT registration number or an invoice reference number and so cannot constitute a lawfully valid demand for payment. Having examined the parking charge notice further I believe it is a non compliant demand for payment as the notice wrongly requires payment to be made “within” 28 days of issue which is contrary to statutory requirement that provides a period of 28 days from the date of receipt. As a sign of good faith, I had purchased a permit anyway to avoid any unnecessary hassle for both parties but have been issued a notice anyway which is unacceptable. I understand that LinkParking are appointed to monitor the car park to prevent trespassers and I agree with this but it seems it is the residents that are being 'ticketed' without good reason for parking in their own bay. I look forward to hearing from you. We have now received the following response today- The operator made their prima facie case on 27/01/2020 14:10:48. The operator reported that... The appellant was the driver The appellant was the keeper The operator is seeking keeper liability in accordance with PoFA.. A manual ticket was placed on the vehicle The ticket was issued on 29/12/2019 The charge is based in contract The Operator made the following comments... The appellant parked their vehicle on land we manage and incurred a charge as they were not displaying a valid permit. Our signs clearly advertise the terms of parking and the charges which apply if they are met. The appellant chose to display a very poor copy of one of our permits, it is a fraction of the size of a valid one. We are unsure why they chose to do this and to date we have not received an explanation. We do not have to prove any loss and invoice does not have to have a VAT number on it if the issuer is not VAT registered. Our PCNs have passed audits by the IPC and DVLA. In addition to this I have also looked through all my documentation with regards to any requirements to require displaying a permit in the contract and I can't find anything. I've owned the flat for almost 2 years now and I do not believe I was given any documentation which mentions this. I have also looked at the HM Land Registry document which doesn't state I need a permit and I believe this ties in with the Primacy of Contract (my law understanding isn't the best). I have also contacted the management company last week to request all information from them with regards to giving me copies of documentation which covers car parking, building services etc. so I have everything. What really annoys me is that I didn't cause anyone any damage AND I WAS PARKED IN MY OWN BAY!!! I really hope I haven't messed it up too much and this can be salved. Any help for a response is greatly appreciated! Thanks!
    • Yes DX, both come up as Cap 1, one a classic Card and the other a Mastercard. 
    • Now that you have the proof - I think its time to consider taking legal action against the Bank.  Remind me who made the decision at the FOS? Adjudicator or Ombudsman? 
    • I would be starting by sending Plusnet a SAR and gather all your data......one DD for two accounts...alarm bells ringing.   Andy
    • Its easier if you wait until you get the claimant's statement...then you can use this as a guide on the points they will rely on and then simply respond by refuting or agreeing or offering alternative argument.   Problem is they tend to leave it to the death and you dont have time..or they wait for yours first then counter your points.If they fail to serve a statement at all then thats a good sign that they are getting ready to discontinue the claim....   Here is an example...and I stress example ....no use to you apart from showing you the usual layout into and conclusion.   Witness statement Lob.pdf
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Li4m79

Capquest/Shoesmiths Summary Cause Summons - old Shop direct cat debt **Claim Dismissed**

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Ok, new here, so please go easy.... :)

 

First off after reading some threads here today,

i feel ive left this a bit long,

but any advice is appreciated and will be taken on board.

 

In December I received a Summary Court Summons for £3006.64. For unpaid shop direct handled by capquest.

 

My Return date is 18th January (this is next week i know, so not a lot of time to decide what i'm gonna do)

 

The original account with shop direct was 2010, and it was passed to capquest in 2012.

 

I'm happy to admit full liability and offer to set up a repayment plan.

 

BUT, if i recall at the time, I was barely able to make minimum repayments, yet they kept increasing my credit limit.

Can I dispute the claim and try to reclaim some charges/interest to reduce my final figure??

 

This is my first full day off work in a few weeks, and no kids at home, means I finally have the time needed to get my response in.

 

Again I'm sure i've done this all wrong, but just need some quick advice due to my circumstance...

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Hi Li4m79 and Welcome to CAG

 

I have moved your thread to the Scottish Forum here...please continue to post here as normal.

 

Regards

 

Andy


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oooops thank you :)

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In the meantime until our Scottish advisors see your post please take a read of the following link and post details as requested here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?428590-You-have-received-a-Claim-**ISSUED-IN-SCOTLAND**-What-you-need-to-do.


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What is the claim for –

 

STATEMENT OF CLAIM

 

1. The parties are as designed in the instance.

The named defender resides at xxxxxxxxxxxxxxxx.

The defender has been so resident for more than three months immediately preceding the raising of this action.

The defender is domiciled there.

This Court accordingly has jurisdiction .

There are no proceedings pending before any other Court involving the present cause of action and between the parties hereto.

No agreement exists prorogating jurisdiction to another Court.

 

2. The pursuers are a finance company which inter alia operates the business of debt purchasing.

By virtue of a debt purchase agreement between the pursuers and Shop Direct Limited dated 12 November 2012 the pursuer acquired the right to payment in respect of all debts and other monetary claims of any nature due or owing by the defenders to Shop Direct Limited which were in existence as at the date the said Agreement was entered into in relation to the contract hereinafter condescended upon. The said assignation was intimated to the defender by way of written notice on or around the date of assignation .

 

3. The said contract between Shop Direct Limited and the defender is dated 10 March 2010 and relates to Mail Order agreement with account number xxxxxxxxxx.

The said account is in default and the sum due thereunder is du and payable now.

As at the date hereof, the sum due in terms of the said agreement amounts to £3006 .64 conform to copy statement of account which will be produced in any defended process to follow hereon.

In terms of the debt purchase agreement hereinbefc rE: condescended upon, the right to receive payment of the sums due on terms of the said statement of account vests in the pursuer.

 

4. The defender has been called upon to make payment of the sums sued for.

The . refuse or at least delay in doing so. This action is accordingly necessary.

 

What type of action? Summary (by £6.64)

 

Is the claim for a Catalogue via Capquest

 

When did you enter into the original agreement before or after 2007? After

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Capquest

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? I cant remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I hadn't heard from them in years, but i have moved address a few times in that time

Why did you cease payments:- They just got too much, i couldn't afford them

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I didn't

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the only thing you could dispute would be the monthly penalty charges {£12 late/over/letter etc]

these could be upto £24 every month you didn't pay until they sold the debt on

but you'd need the statements to confirm their value to you.

 

get an sar running to shop direct today

 

or go ring them [shop direct] and ask for a statement of charges

they MIGHT send one to you but the statements are better.

though these probably wont be more than a couple of £100's.

 

have you paid shop direct anything in the last 5 yrs?


..

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i'm not 100% certain when my last payment to shop direct was, i have since changed/closed the bank I used so can't retrieve any statements... it is very possible.....

 

Ok i just called shop direct and although the woman was trying to palm me off to capquest, she did say the last payment she could see on her system was for £270 April 2012 so just under 5years :(

 

And just too add again, I've left this all quite late, i have to reply to the court by Next Wednesday.....

 

Apologise if this looks as though i'm spamming the thread...

 

I want to send everything off tomorrow.

 

Should I just admit liability and offer to repay... As ive left it so long i don't know if there is anything else i can do???

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Apologise if this looks as though i'm spamming the thread...

 

I want to send everything off tomorrow.

 

Should I just admit liability and offer to repay... As ive left it so long i don't know if there is anything else i can do???

 

Dont do anything just yet wait for further advice.


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ok... and thank you

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if you return date is not till the 17th then hang fire and we'll review things later..

what date is the hearing?

 

my gut reaction is to defend it and get a CCA request running to capquest and the Scottish eqiv to a CPR running to the solicitors who are?

 

99.9% of these DCA claims in Scotland simply turn out to be speculative and the pursuer hopes for a default undefended judgement where no paperwork is looked at nor needed.

 

once you defend and request proof etc, they back off.

 

which court is this too please


..

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thanks dx!

 

Their Solicitors are Shoosmiths LLP,

 

 

calling date is 1st February at 10am and its Perth Sheriff Court.

 

Whats a CPR by the way??

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Civil Procedure Rules (CPR) for Scotland.

 

See here...

 

https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules

 

Andy


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Thanks Andy, will try and get a read of this over the weekend...

I'm a chef with 4 kids so free time is like the holy grail to me!!...lol

 

@dx100uk , even if I defend and they don't back off,

i guess its just a case of setting up a repayment plan anyway, so nothing lost really I assume...

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Thanks Andy, will try and get a read of this over the weekend... I'm a chef with 4 kids so free time is like the holy grail to me!!...lol

 

 

@dx100uk , even if I defend and they don't back off, i guess its just a case of setting up a repayment plan anyway, so nothing lost really I assume...

 

Absolutely.....better to try to defend than not at all and then kick yourself:wink:


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so defending, means I may/will need to go to the court on the 1st of February.

.. you think it would be fine to represent myself?

 

Hopefully as said they may just back off,

but gotta prepare for the worst case scenario I guess..

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Of course you can represent yourself...this is known as Litigant in Person


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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I think i may need some pointers on filling out the "note of proposed defense/counterclaim"

 

i need to;

 

"State which facts in the statement of claim are admitted"

 

"State briefly any facts regarding the circumstances of the claim on which you intent to rely"

 

"State details of counterclaim, if any"

 

I fear that the original debt could have been around the 3k figure,

but its been so long ago I cant actually remember,

 

 

but I know I was late on a lot of payments and would have racked up charges a lot,

and over the 2 years of me having the account,

they kept ramping up my limit but i guess trying to get these back I would have to do outwith this case as it is now with capquest.

 

A friend has just pointed out this passage in the original statement;

 

"conform to copy statement of account which will be produced in any defended process to follow hereon"

 

does this mean they have the original statements saying the figure is correct??

Edited by Li4m79

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yep that is exactly what I have..

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Great bear with me

 

We have over 12" of snow here


..

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Have you sent SAR to shop direct?

or CCA to Capquest or CPR to SS?

 

 

what have you done so far?

 

 

dx


..

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neither yet, its been the weekend.... that plus being stuck in a kitchen for 12hours every day... :( i've taken tomorrow off as a holiday as I think its gonna be the only way i'll get time to do do anything.

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I cant seem to find an account number with Capquest for filling out my CCA. I have a reference quote for SS and obvs my account number for Shop Direct, but nothing for capquest. Is there other info I should put in this absence?

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