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    • I am being harrangued for a debt I don't owe whilst in hardship by EDF, who was given this household's supply by OFGEM when it closed down several small companies in 2019. Unbelievably, this is happening during cold months and a full strict lockdown!   I consider that this is a crime on several counts: 1) fraud by nondisclosure, as per 2006 act: that free energy exists and that patents have been suppressed to help us use it, thus giving the illusion that energy can only be supplied by for profit companies (the same is true of water), when it is a naturally occurring, God-given free resource which has been harnessed and sold back to us, and it's hard to avoid or find alternatives 2) the energy industry is a form of modern slavery as per 2015 act, holding us in lifelong custom: something we need, can't easily find an alternative from or not use. This supplier took over without consent or knowledge or warning and will not relinquish me without paying them; but the amount grows as they continue our abusive relationship 3) as utility acts such as the 1989 and 1990 clash with inalienable natural Common Law and the Universal Declaration of Human Rights of 1948 and various other laws, some to be listed anon, that the so-called powers given to energy companies to gain money and bully are not lawful 4) removal of energy takes our rights (as in the UDHR) to eat, wash, be warm, work, communicate, and have leisure and enjoyment. Particularly, it can cut those off who rely on the internet and battery operated phones, thus making them vulnerable, and causing a snowball effect 5) cutting off, or the fear and bullying around doing so and 'recovering debts', causes mental and physical suffering, as well as great inconvenience and loss. a) These are recoupable in monetary terms of the claimant (ie customer's) choosing b) this amounts to constructive demise or manslaughter  - including attempt and conspiracy to commit this serious crime (attempt and conspiracy apply for all the others below) 6) asking for money in a way which is upsetting, intimidating or distressing is another criminal offence under the Prevention From Harassment act of 1997 - and most debt demands fulfil this, and are not incidental, but designed to cause fear in the way they are worded, in the design of the 'red, urgent' envelopes, in the vagueness of who and where the collector is, offering a generic phone number; bluffing about their powers and a warrant; coming to the door with hand delivered envelopes to embarass in front of household members and neighbours; and the way they appear at your door to actually collect or tamper with supply 7) There is Aggravated Trespass under the criminal justice and public order act of 1994, where if you have given written notice that implied access to your property (I include remotely, in the case of smart meters), to enter the premises (including outside areas) without written permission and especially with ill-intent, is a further summary, ie imprisionable offence 8) this is also exhortion and blackmail 9) it is an aggressive sales technique, no different from drugs barons and loan sharks 10) a prepayment meter is just another way of forcing debt repayment, and as the customer doesn't set the amount, if they do not have resources they are still left without power and heat 11) this is closely related to the data and surveillance and weaponised energy of 5G via smart meters, and so this is a) espionage b) mass experimentation under the Nuremburg code of 1948 c) biowarfare 12) it is also breaking and entering, if they force or pick locks 13) any physical abuse has other crimes - such as battery, grevious bodily harm, assault 14) lying or tricking to gain entry is also a crime 15) their involving your neighbours breaks confidentiality, such as asking about you, getting them to let them in. This is against their industry code and 16) during lockdowns and other restrictions related to covid, they break the coronavirus act 2020. Utility workers are only classed as keyworkers when they are keeping a supply running and safe. They are not permitted to work or travel to harass and cut off - this is especially reprehensible during an extended pandemic when so many are anxious have weakened immunity, and financial difficulties. When most of us are not meant to see loved ones, especially indoors 17) if the operatives are masked - this includes a locksmith or any enforcement with them - this heightens the offence as, despite covid guidance, it is done with criminal intent and knowingly a) makes them look sinister, thus adding to fear of the customer b) hides their identity and obfuscates justice 18) any persons involved, including administrators and the judge who created any warrant 19) to exaggerate one's legal powers is also an offence   Furthermore, utility companies send out - and sell out - debts and debt collectors who have no knowledge of the communications between the company and the customer; such as whether they are misbilled, or even the right person. I also believe that poor service, such as being ignored or bullied, means a rebate on the 'bill'.   The ombudsman have consistently exacerbated and failed to put right, and OFGEM's policies have added to this too.   We need to take the power back into our hands; to choose our energy source and provider; to harness free, safe energy.   I am putting EDF staff on notice for all these.   Has anyone else had any similar trouble for this, especially in the last year? I would like to know the extent of the problem   I am considering class action. An expression of interest in no way commits you, especially financially.   You may be interested in my piece at https://elspethr.wordpress.com/2020/08/22/expulsion-from-the-garden-its-time-we-took-our-energy-back/, via which you can get in touch  
    • No, there is no ombudsman for this kind of thing. It's a huge industry with a lack of regulation which is why it broadly speaking does what it wants without a lot of regard for customers. You haven't addressed the question which I put to you in my last post.
    • Hi - email submitted.   After some sleep (4am wake up yesterday - loooong day) I redrafted email to be a bit more readable whilst clearly stating the points above but being less aggressive/rude 😳    Being very tired I briefly considered just getting the repair and compensation (if they offered) but after some sleep and in the light of day I saw some further damage to the piping (minor, but there) on the same bit of arm so promptly hit send on my email! My sister also told me of her friend who had a whole host of problems trying to get damage on delivery fixed so I’m definitely not going down that road. I’m going for a replacement.    Will update as soon as I hear anything.   Thanks
    • DX - regarding the t&c- do you mean the bit at the very bottom that says "this agreement incorporates t&c set out in the long form version" ?   ill take this up with them in mediation, got nothing to lose   Just so i understand, that signed agreement isnt actually the t&c ? that should be included too? im looking online for the actual govt guidance, but the OFT has shut down and the consumer regualtion guidance doesnt actually mention t&c as far as i can see
    • Thanks Andy. The judge made a big deal about the costs and spend a good 15-20 minutes making sure they had covered everything. 
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Premier Parking ANPR PCN overstay Station Road Car Park, Royal Wootton Bassett


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Hey guys,

 

Just had a speculative invoice from our friends over at Premier Park stating I owe them £60 for overstaying alongside a nice pretty picture my vehicle.

 

 

The catch?

I still have the parking ticket which clearly shows my reg number correctly inputted alongside the amount of time I parked for.

 

The ANPR states I arrived at 11:53, I paid for my ticket at 11:55 for 2 hours parking, ANPR shows me leaving at 13:41 with my ticket being valid until 13:55.

 

Now, my question is:

Do I bother appealing through their website with slam dunk evidence that they're full of garbage; or do I just ignore them and let them waste more time contacting me knowing that it will never go anywhere?

 

My one reservation is

- the last character of my index is an O and the type face on the ticket makes it appear like a 0 as all of the characters on the ticket are squashed to fit the index in.

 

I think this may be the angle they try and come at me with even though I know for sure I typed an "O" in on the machine.

 

Your thoughts?

 

1 Date of the infringement 07/03/2017

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Not dated

 

3 Date received 17/03/2017

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Yes

 

5 Is there any photographic evidence of the event? Yes - ANPR

 

6 Have you appealed? {y/n?] post up you appeal] Not yet

Have you had a response? [Y/N?] post it up N/A

 

7 Who is the parking company? Premier Park

 

8. Where exactly [carpark name and town] Station Road Car Park, Royal Wootton Bassett

 

My apologies, the "PCN" is dated 14/03/2017 - wouldn't let me edit the original post.

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for starters you never appeal through their web site. Ever. All this does is give them a method of harassing you for free so consider writing an appeal witha pen and posting it. That wat it costs them money to chase you. Before you do read the parking pranksters blogspot post on dodgy ticket machines and you will see that this is a common problem with both a faulty machine and more importantly dodgy ANPR misreading the characters of your reg no.

 

When you have read that post on his blog ( last month I think, certainly this year) come back here and let us know and then we will help compose a suitable foff letter and it will quote the court case lost by the parking co becasue of their not fit for purpose systems. you can then invite them to cancel or cut to the chase and try explaining things to a judge as you know they dont have a leg to stand on.

 

Hopefully they wont bother with the intermediate stage of getting a toothless dca to write scary letters and realise that it is not their day

Edited by honeybee13
Paras.
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Hello,

 

Thanks for your reply - I've read the parking pranksters blog. Looks as if it got thrown out in court due to it being the responsibility of the company to prove the ticket machine/ANPR system were correctly working, which they failed to do.

 

In this instance I really don't know how the system could be so shoddy, it literally has my complete registration listed on the ticket I have in my possession.

 

Would appreciate some guidance in relation to the foff letter, I think I understand the majority of the contents required but wouldn't want to miss anything! Thanks.

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Hi

I have just looked on Streetview and the signs say 30 minutes free and then £4 for 12 hours. I assume the machines allow payment for less than 4 hours so the signs are misleading.

 

I feel you should appeal the ticket as you have proof of payment. Enclose a photocopy of the ticket. NEVER send the original! These get 'lost'.

 

You will get knocked back but they must include a POPLA appeal code so that you can take it higher. Even if you get the wrong decision from POPLA, Premier can only get their payday by taking court action and as you can prove you paid, the claim should fail.

 

The inputting of the wrong letter/number has been discussed over the net and in court where claims have been shot down. The simple answer to this problem is to link the ANPR camera with the payment machine. This would stop erroneous entries but the parking companies know this flaw and will do anything not to do it as it will affect their bottom line.

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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OK short letter to the parking co:

 

Their ref No

 

Dear sirs,

you have sent me a demnd for payemnt due to a breach of the parking condition s at ( location) on the xxth of Mar 2017.

 

As I purchased a ticket, inputting the correct details and paying the prescribed fee there has been no such breach of contract so your claim is false.

 

It is not my fault that your unfit for purpose ANPR system is erroneous and you have failed to use any form of qauality control or even common sense to work this out for yourselves.

 

If what I say was false and your ANPR was right you wouldnt have been able to obtain my details from the DVLA so it is apparent that you are both incompetent and greedy.

 

You should now cancel the charge or risk me suing you for your breach of the DPA by obtaining my keeper details in a manner that breaches your KADOE contract as per the decision of VCS v Philip, Liverpool CC dec 2016.

 

A copy of this letter will also be sent to the BPA as they are your trade association and it is only proper they should be made aware of your failure to show due care in obtaining and processing of people's personal data.

 

Send that by post ( never email for many reasons) and send a copy to Patrick Troy at the BPA as a complaint.

 

Not a lot will happen because of it but when someone collates all of the data for reconsidering the current law then it will make a difference

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  • 2 weeks later...

Hey guys,

 

Quick update for you: nothing back from Premier Park, however I did receive a reply from the BPA basically saying they have no interest in this complaint.

 

The letter reads "As a membership association we are only able to address enquiries in relation to alleged non-compliance with the BOA Approved Operator Scheme (AOS) Code of Practice". The letter goes on to list the fact that DVLA processes, fraudulent activity and DPA breaches are not within their remit.

 

Just in case the above is of any relevance to you!

 

Will update once I have something back from our friends at Premier Park. Interesting how the BPA managed to read the letter, formulate and send a response before we've got a peep from Premier Park!

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they are deliberately ignoring the substance of the letter which is their their member is flouting their rules.

If they sanctioned members for breaching their rules they would soon have no members as you could not say that any of them were squeaky clean

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I had a reply from our friends at Premier Park today and assuming I've read it correctly, I think you're going to like this one:

 

"We write to acknowledge receipt of your recent letter regarding the issuing of PCN ........

 

Please be advised that your details have been removed from this PCN."

 

Whilst slightly ambiguous, I assume what they mean is - we're sorry for being wildly incompetent, you win?

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What an odd response. :|

 

Regardless, it certainly sounds like they've thrown the towel in on this one. File everything away for safe keeping, just in case.

 

Well done :thumb:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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HUH!!!

 

I would love to add the word CANCELLED next to the thread title but I can't. Removing details from a PCN means very little. I would wait a while just to see if anything crawls from the woodwork.

Keep the letter safe as well just in case it means what we think it means.

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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I think that letter would be a dynamite defence if someone was ever stupid enough to try a court case :whoo:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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It is indeed a very strange reply. The idea of them "removing my details" from the PCN is an odd one. Logically you'd think a PCN with the details of the registered keeper being removed would result in the PCN ceasing to exist, as at that point theoretically there's no one to pay the invoice?

 

No POPLA number in the reply might point towards them knocking it on the head aswell?

 

Strange situation to say the least! Is it best practice to sit and see if this unfolds any further, or send them a letter asking them to clarify what they actually mean?

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Just sit on it, why waste your own time prompting them to sort their act out.

 

File the letter away somewhere safe, and then if they ever were stupid enough to try and take you to court, you've got the golden ticket that will see their case go down in flames in spectacular fashion.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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