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    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Lowell claimform - old GE holiday Ownership Loan***Claim Discontinued***


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Having sorted my own issues, I'm now trying to help a friend.

Lowells have issued a claim on 10th April so I've completed the Aos & CCA'd and SAR the OC plus 31.14 and CCA'd Lowells

 

The claim relates to a loan for a kitchen which included a lump sum PPI payment as part of the loan, (friend was self employed at the time of inception, PPI has been reclaimed).

 

POC

The Defendant entered into a CCA1974 regulated agreement with GE Holiday Ownership Loan under account ref XXXX ("The Agreement")

The Defendant failed to maintain the required payments and a Default Notice was served and not complied with

The Agreement was later assigned to the Claimant on XXX and notice was given to the Defendant

Despite repeated requests for payment, the sum of XXX(£7k ish) remains due and outstanding.

And the Claimant claims

a) The said sum of £7k ish

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8%pa from the date of assignment to the date of issue, accruing at a daily rate of £1.50, but limited to one year, being £550

c) costs

 

Prior to payments ceasing (financial distress) a CMC looked at the agreement & reckoned it was unenforceable, took a fee & said they would deal with the matter.

Unsurprisingly, the CMC has gone out of business!!

 

The DN looks faulty to me and includes inflated charges

Will wait for result of CCA & 31.14 before posting agreement for comment.

Am I on the right lines?

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please scan up your documents you mention to ONE multipage PDF file

follow the upload

 

 

dx

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...
Letter of discontinuance received, not showing on MCOL yet but looking good :)

 

Notice of Discontinuance does not register on MCOL...but well done.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

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great news.

 

 

dx

 

 

 

 

 

 

 

 

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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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