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    • Hi there, the company name on the bit of paper is:   Bristow & Sutor   Says the total amount £990.49 and this includes £235 enforement stage fees,  The CTAX was owed to North Tyneside Council. The guy also said that it wasn't just for CTAX. Other debts were combined.   I did leave other debts behind too when I moved. Perhaps a utility bill, credit card debts and a Provi doorstep loan.   I think the guy said that he would be back Saturday too. This is what I'm trying to avoid multiple visits. Don't want my mam to get upset.   Thanks for the help.   Bear
    • Hi   Just to be clear a Tenant cannot refuse to pay rent after they have signed your Tenancy Agreement for the property irrespective if they are claiming no hot water for xx weeks especially when you have evidence to the contrary.   As they are now 2 months in arrears they have breached your tenancy agreement and you could go down the section 8 route for the rent arrears to evict your tenant and the letting agent you employed should be fully aware of this.   The hot water issue sounds more like the tenant didn't have a clue how to operate the heating system within your property   Has the Letting Agent informed this Tenant about the rents arrears and their Guarantor who would also be liable for the rents arrears?   Now the Tenant that wants to leave early as there is no 'Break Clause' in your Tenancy Agreement signed they would have to negotiate with you the Landlord to leave early as they are then in breach of that signed Tenancy Agreement.   Now before doing any of this is they have paid a Deposit it should be protected in a Tenancy Deposit Scheme and they should have been give a copy of that deposit schemes prescribed terms.
    • So a bit of an update as I haven’t posted for a while   I have received a court date of the 14th of Feb 2020 (maybe they will take me for a nice meal afterwards?) so I am starting to prepare my witness statement.    today I have received a letter from BW legal in response to my CPR letter yet again ignoring the fact that their T&Cs do not cover double parking. They are also now starting to hint that I was parked out of the bay yet the images provided on their evidence of the three tickets they are claiming for don’t evidence this as they are such bad quality.  stapled to the back of this is another letter. As a “gesture of good will”, the client is offering an out of court settlement figure of £500 payable in the next 5 days. Me thinks they are starting to realise they may not have a leg to stand on here!
    • firstly , they are not a Debt collector [never confuse the two - a DCA chasing consumer credit debt is totally powerless and have ZERO legal powers to do or take anything - they have no more legal powers than you or I do ] these will be bailiffs and do they have legal powers.   However, the good bit is that unlike what you might have seen on TV, for a council CTAX liability order [please confirm there is or NOT a CCJ registered check your creit file] there is NO right of forced entry. The bottom line is, bar all the arm waving, is, that if you simply totally ignore them, they will eventually go away.   Now what they can do is two fold on CTAX. basically add fees to a set limit.   the first is a notice of enforcement letter. this comes with a fee of £75 and gives you 7 days to set up some sort of payment plan.   the second is an actual visit, where by a further fee of £235, whereby the fees are now £310 , the maximum they can ever add to the CTAX bill. this is typically accompanied by a threat to removed goods, it's cleverly worded or 'explained' to make you 'think' they can waltz in any take anything they like. THEY CANNOT unless YOU let them in. which you don't, nor leave doors unlocked as they can then enter through what is called 'peaceful entry'.   in real term, the seizure of goods is limited to stuff outside like cars YOU might own that are not behind locked gates.   so i'm not too sure what stage you are at  so please clarify. the name of the bailiff company. how much you now owe the county council the CTAX is owed too.   if you have any/all paperwork please scan it to PDF  after redaction - read our upload guide]   one last point. they don't keep coming around they don't keep ringing. neither of those gander them anymore money so they don't bother.   dx      
    • Hi Everybody I moved into my parents house quite recently. My mam is aged and extremely ill (it's just me and her living in the house) and I moved from the North to the South of England to take care of her.   Now I've got a CCJ against me for unpaid Council tax from when I was living in the North and a debt collector has just showed up at the door. Now I don't have the money to pay the entire amount straight away. But I'm willing to try and enter in some kind of payment plan and gradually pay down the debt. However my main concern is that they don't keep coming around and phoning the house threatening and harassing my mam over her sons debt.   However the guy at the door was threatening to seize goods and have them sold at public auction. Getting bailiffs to break in etc.   When I told him that I've nothing of any real value he said he could just take whatever was in the house. Something about if she couldn't prove whatever was hers then they could just take whatever (I'm not 100% this but I think something to this affect).   He left me a "Notification of Enforcement agent visit" sheet of paper.   From the first paragraph it says:   "As an enforcement agent I've attended your premises today with the intention of taking control of your goods in accordance with the taking control of goods (fees) regulations 2014. At this time your goods are bound. You cannot remove, sell or otherwise dispose of them"   Thus I'd appreciate any advice that readers my be able to offer. Does anyone know the law regarding "seizing assets" when the debtor is not the homeowner/tenant?   tia Bear
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Buel10

CP Plus parking charge - do I have to pay?

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Hi all.

 

I used my wife's car last week for an appointment at the hospital. I didn't see any parking meters but then again I am not very observant at the best of times. She has now received a letter from CP Plus asking for £15 if paid before a certain date, which has now passed. Please can I ask if I have to pay this and does she have to tell who was driving the car?

 

Thank you all.

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Hello there.

 

Is CP plus a private parking company please? You've posted in the speeding and motoring offences section. If it's a PPC, we can move the thread for you.

 

HB


Illegitimi non carborundum

 

 

 

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Hello there.

 

Is CP plus a private parking company please? You've posted in the speeding and motoring offences section. If it's a PPC, we can move the thread for you.

 

HB

 

Apolgies, yes it is.

Thank you.

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Thread moved to appropriate Forum.


 
 

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the exact wording of the demand is critical to create a keeper liability in these matters otherwise they can only claima contract with thr driver, who is unknown to them and you are not obliged to help them find out who this is. If you can post up the notice to keeper received with personal details, car reg and their ref number blanked out we can read t and advise what to do next. If the hospital is nearby a picture of the signs there would be very useful as well. generally these parking co's are not very good at their job.

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Firstly I would be complaining very loudly to the NHS Trust PALS (Patient Advice & Liaison Service) and copying the email to the CEO of the Trust. Always refer to 'the driver' and never name or admit who was driving though.

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agree, better to get the hospital to cancel it rather than have to play along with these bandits. Anyway, it gives you a second bite of the cherry at least. Do this before contacting the parking co and wait for a reply. The discount deadline is irrelevant of you arent going to pay.

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the exact wording of the demand is critical to create a keeper liability in these matters otherwise they can only claima contract with thr driver, who is unknown to them and you are not obliged to help them find out who this is. If you can post up the notice to keeper received with personal details, car reg and their ref number blanked out we can read t and advise what to do next. If the hospital is nearby a picture of the signs there would be very useful as well. generally these parking co's are not very good at their job.

 

Apologies for the delay. Regarding the wording, here is the letter:

CCF12022017_2.jpg

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they keep referring to their client. This means they ahve no rights in the matter and also they ahve unlawfully obtained your keeper details. The content of the letter is not compliant with the POFA so no keeper liability can be created and also they list a load of charges that they will add that are against the Consumer Contracts regs 2013 so they are breaking the law by adding that.

In short I would ignore them and have a real go at the hospital trust about the illegality of their parking poodles activities and that you will be holding the trust liable for the breaches of the law and possibly be seeking damages from the trust for the same.

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Anyone else back this up?

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Anyone else back this up?

 

I'm not sure what you mean, Buel. Are you asking whether EB knows his stuff?

 

HB


Illegitimi non carborundum

 

 

 

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Anyone else back this up?

 

 

Read a few more of the threads on this forum

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you either want to challenge this or you dont. Have you given the trust a bashing by letter yet? If not do so. Anyway, the NTK isnt POFA compliant to create a keeper liability ( you are going to read the legislation so you dont have to believe me arent you?) so as long as you do not identify the driver at the time they cannot lawfully claim anything.

 

As parking companies are just greedy immoral gits they arent just going to accept any logical and correct legal argumant as an appeal, why should they give up their income stream just because they dotn obey the law?

 

When you understand this you will see why we bother to help people but they must help themselves by getting into the right mindset to want to put up with the parking co's harassment and deceits to win the long game.

 

There is rarely a short solution but you best chance of that is the complaint to the hospital trust in writing aboout the illegality of the parking co's actions and let them know that you have the right to sue them for their servant's misdemeanours.

Edited by honeybee13
Paras.

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Many, many apologies. It would seem that my request for confirmation has resulted in annoyance - this was not my aim.

What hasn't helped is that I followed up on advice on a different thread on another forum and wished I hadn't.

 

Thank you very much for the kind help. Letter to the hospital on its way....

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Not annoyance, we regulars read hundreds of posts on a wide range of different consumer matters. Some people are brilliant at consumer debt legislation ( andyorch) some on housing law (ell-enn) some like me have no great expertise in any field but experience in a wide range of different fields.

 

I have taken my local council as far as the house of lords some years back over the right to buy legislation, I was a trade union rep and safety rep for many years and worked in a scientific field that included forensics so I like to analyse things and that includes private parking contracts as I have had the misfortune of crossing most of the companies you come across on these threads.

 

So, we know the tricks the parking co's use to get money when they dont actually have any right to claim it. Hospital parking is quite contentious for several reasons but there is always the added stress of the occasion involved that you will never get in a supermarket car park. This makes a lot of people give up and pay up when there is no real reason to pay. We understand this and wont berate you for doing so but will always caution you that this doesn't necessarily stop the parking co from continuing to harass you. There are cases where people still get demands for monies they have already paid. one person has been followed and photographed to prove he was driving a car when teh time and place were completely different so not relevant etc. By making people aware that they have the opportunity to challenge the unfair practices it will,eventually lead to better parking management as the crooks and chancers will lose money and disappear and the better ones adapt to keep up.

 

In your case, by going after the people at the top the parking co will do as they are told. If you appeal to them they arnt going to want to accept a cut in their income so will continue to say black is white and pursue you. Reading a wider spread of topics will give you a better idea of what is what and more importantly what is not what. Basic pieces of legislation are a must, so the POFA is a starting point as the parking co's have to obey the protocols contained in it to give them a reason to write to you as the keeper of the vehicle.

 

Contract law is more complicated as there have been a number of decisions in various courts that have an effect on parking that is not covered by consumer legislation but rather commercial business to business type considerations. This creates a uniformity in the eyes of the law but leave the motorist at a disadvantage as they dont usually drive around with a £400 per hour barrister in the passenger seat just to read road signs.

 

Let us know when you get a response and we will suggest what to do next of they arentr agreeable to telling their servants what to do.

Edited by Andyorch
Paras

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My letter from CP Plus fails as they got the car wrong.

 

However in that thread http://www.consumeractiongroup.co.uk/forum/showthread.php?474676-CP-ANPR-plate-misread

I address their failure to adequately create keeper liability, so I agree with EB they fail to meet the requirements in Schedule 4 of PoFA 2012

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They failed at the first step,

Date of parking, 8.12.16

Date of notice, 29.12.16

Out of time for keeper liability.


Illegitimi non carborundum

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One of the reasons to get the trust to cancel, if they dont you then use the other points on the parking co and copy that to the trust telling them thay they have employed a buch of ignorant chancers that will get the hospital's name dragged through the mud and possibly the courts. These public bodies hate any publicity that shows them up for what they are, a buch of amateur pen pushers who shouldnt be allowed to run the car park, let alone the hospital.

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