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    • G CARS RESPONSE TO CLAIRES EMAIL   Hi Claire When you get the bonnet painted on the golf please ask the repairing garage to email us a vat receipt in the name of Gemcars ltd and we will pay another £112.50 contribution towards the repairs directly to the garage.  This can be done on the same day so it will not affect the garage releasing the car to you We can pay this directly to them via card over the phone This will bring the total contribution to £262.50 which equates to ¾ of the total cost Normally we would contribute 50% in a betterment situation but as you obviously feel very strongly about this matter on this occasion we will pay ¾ of your £350 quotation as full and final settlement in this matter Should you feel this is still not acceptable then you can of course bring it to us and we will have the bonnet painted whilst you wait at no cost to yourself  (apart from a few hours of your time)   Sincerely Mark and Gina
    • CLAIRES RESPONSE TO OUR EMAIL   Hi Mark,   I have addressed the fact that I do not bully or blackmail and am mortified you would take it that way!    I will address your comments by paragraph also: My issue is not about how many stone chips anyone would expect, or how many there are on your wife’s car. it is about what you stated in your video which is not up on your website now. You did not mention when you asked the man who cleaned the car prior to delivery, just that you had. Then when I asked you whether they could be rectified by way of individual chips, you said to me I could not as there were hundreds and it would need respraying (and yes, I had assumed this was an estimate not that you had counted them). This to me indicated that you knew the bonnet had more than just the odd stone chip here and there on the front of the bonnet. I stated I felt you had deceived me, because as I stated before I have been told this by professional sprayers who have been in the business a very long time. Yes, you mentioned over the phone that I was the first person to complain in over 50 cars.  Your video was under 17 minutes and appeared as if you were pointing everything out on it including the odd stone chips to the front of the bonnet. Eco a toy what I would expect is how it was shown and described. Yes, I am happy with the car itself apart from this issue. The odd stone chip touched in here and there on the bonnet was what was described and expected. I do my research and Car Gurus checker is one of many market values. Also, from the cars I had checked (and yes, a few were one owner with full service history. One with a few more miles on the clock and another with less). I did not state that stone chips should not be touched in, but that I had been told they were done badly and ineffectively and that they would have been better off left alone (which I took in the context of the conversation to mean being done properly by a professional). You asked me what would make me happy after telling me the cost would be £150 for you or more like £200 here to have the work done you had told me. I had not negotiated any discount off the car at all and had reserved at the price advertised. My ex husband was in the car business and it is anticipated and wholly accepted to negotiate prices on used cars. This can not be compared with a a general store purchase. I purchased a large value item which was not as described. The delivery cost is what was negotiated, nothing else. You reimbursed for a job which I can not get done for anywhere near the price. Yes you are certainly misreading it as I explained in our earlier communication! I am sorry if you took this the wrong way and I should have elaborated that at the time. If you need this clarified, I would be happy to get you character witnesses to confirm to you that I am the opposite sort of person to even consider that type of behaviour. I apologise again that you found my email very rude, it was not meant that way at all. I am just really upset by this whole thing.   Whether your offers are meant to be rude or not, I find some of the comments as such.   As mentioned in our earlier communications, all I want is the car in the condition as advertised. I am still happy for you to collect the car, rectify the issue and deliver back to me or a refund closer to the cost of this. Although I trust the quotes I have, I can keep searching for a cheaper price. The bonnet is not in the condition as advertised (I can count and document tomorrow in daylight if you’d like).    Regards Claire
    • GEM CARS REPLY TO THIS EMAIL   Hi Claire   You are obviously upset which we don’t want So I have a couple of solutions below I must say I’m not grumpy or mardy or angry or upset. I’m not trying to have a go or start an argument but your email did sadden me greatly I always work better with people that talk things over rather than going straight for the jugular Anyway I have addressed the comments in your email matter of fact and I have some solutions below My main priority is your happiness with the car and the outcome, but unfortunately I wont be bullied into paying over the odds for a repair You need to appreciate that to fully paint the bonnet is betterment as such its not fair to expect the full amount especially as I have sent you the full amount that we would pay already. As you have already said neither of us needs to be thinking about your stone chips all weekend so hopefully this email will be the last one   If its ok I will address each paragraph one at a time   1; I didn’t deliberately deceive anyone I clearly state that the bonnet has odd stone chips here and there and odd stone chips on the front edge (I’ve just watched my video to be sure) (those are my exact words) (please feel free to double check I’ve left the video up for you) If I had said no stone chips or one or two stone chips (like I have on other videos)  then I would agree with you but I clearly stated (odd stone chips here and there) Exactly how many stone chips would you feel is acceptable on a 10 year old car with 117000 miles on ? My wife’s brand new golf R with 5000 miles on the clock has 6 already   2; You state that its clear I already knew how bad the bonnet was because I asked our valeter, This is untrue because after you called my wife to complain I then asked the valeter if he noticed the bonnet being particularly bad before I called you back as I couldn’t remember it being that bad, Also you asked if you could get a chips away type company to just come and touch them in, I simply said there are 100s of tiny chips and it would be cheaper to paint the bonnet this was just a generalisation not an exact count of the stone chips (as I said I had to ask the valeter if the bonnet was really that bad as I could not remember) Any more than 20 chips would be too many for a chips away type repair I hardly counted all the stone chips During our conversation this is exactly what I said   3; You accuse me of deceiving you when I stated that it costs us £150 plus vat to have a bonnet painted I have sent you the copy of our pricing structure from our paint shop I told you the truth I have no reason to lie feel free to call them on Monday and check for yourself If you see option 1 below and decide to bring it to us I will happily give you a copy of the bill     4; My 18 Minute video was completely honest and I did not try to deceive anyone with the video We have sold over 300 cars off the back of my videos and you are the first person to complain I would ask you did I state in my video that the car had no stone chips? Did I say one or two stone chips? NO I DIDN’T  I clearly stated odd stone chips here and there which is exactly what it has as you would expect. I would add that when you called to complain I kindly sent you the full cost that we pay to have a full bonnet painted I didn’t argue the case as most car dealers would as we pride ourselves on our levels of customer service I simply asked you what you would be happy with as compensation and you said £150 so I sent you £150 instantly to your bank.   5; You state that the car was priced at the higher end of the market for the year and mileage yet on our Car Gurus checker it showed as £400 behind market value When you checked the prices were the other cars you looked at all one lady owner white 5 door cars with full service history (as this makes a huge difference in price) So NO I disagree our car was very fairly priced and not at the higher end The condition of the car was fantastic for a 10 year old 120000 mile car you have said yourself you are happy with it apart from the stone chips on the bonnet so I’m struggling to understand what you mean by alleged condition? If you don’t touch stone chip in, the metal goes rusty so no I disagree you should always touch stone chips in   6; You accuse me of compensating you dishonestly when I simply asked you what would make you happy and you agreed £150 which I sent you straight away I would also add that you negotiated an additional £100 off the car after you had bought it as I kindly paid half the delivery for you. When you purchase items from other stores how often do you get a discount after you have agreed to buy the item? So you actually have £250 towards the stone chips.   7; No disrespect intended by I have already reimbursed you for what would be my full costs     8; I’m unsure what you mean by “Please do not be concerned with regards to a review, as I will not be leaving one until this matter is fully resolved” To me that sounds like bullying and blackmail but I could be misreading it?   Even though I found your email very rude I still have 3 amicable solutions to offer you   1; Refund us the £150 I sent you then bring the car back and have a day out in Lincoln, it’s a beautiful place to visit we have one of the biggest cathedrals in Europe (used in the hit film the da Vinci code) the castle is stunning and the cathedral quarter has some lovely places to shop and eat we also have a large Primark We will drop you to get the train into Lincoln central and whilst you shop and eat we will get the bonnet painted for you we will give you an additional £20 towards food and fuel on us and then collect you in the afternoon and you can drive you car home with the newly painted bonnet.   2; Accept a full refund for the car and we will collect it next week   3; Accept the fact that it is a 10 year old car with 117000 miles it does have stone chips, we didn’t deliberately mislead you, we did send you £150 towards the repairs and pay half your delivery so buy yourself a Genuine colour pen for the car (£15) touch the chips in with the right colour and spend the rest on a spa day   Sincerely Mark and Gina  
    • Last question for now   Am I claiming for £47 which was my loss since I sold them on ebay, or am I claiming for the full amount of replacing the lost item, which is around £200 for the eqivalent model new, sadly this white version is only available refurbished from the states for around $160 posted.   I am not after making money but unsure how I proceed here?   In an ideal world my sold item is in my posession but
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Parking Eye Claimform - Euro Garages Deeside service Station,Parkway, Deeside indust


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Hi all.

I hope you can help.

My daughter received a parking fine from these fine chaps at parking sly.

details listed below as requested.

Thanks in advance.

 

Name of the Claimant ? PARKING EYE LTD

 

Date of issue – 28/03/17

 

What is the claim for –

 

1.Claim for monies outstanding from the defendant, as registered keeper, in relation to a Parking Charge, Issued 28/10/16 for parking on private land in breach of the T+C's (the contract).

2.Parking Eyes ANPR system, Monitoring Euro Garages Deeside service Station,Parkway,Deeside industrial estate, Deeside, CH5 2NN, captured vehicle ******** entering and leaving the site, overstaying the max stay time.

3.The signage , clearly displayed at the entrance to and throughout the site, states that this is private land, managed by ParkingEye Ltd, and is a max stay site, along with other T+C's by by which those who park agree to be bound.

4.In accordance with the T+C's, the Parking Charge became payable.

Notice has been given under Sch 4 of the Protection of Freedoms Act 2012, making the keeper liable.

Failure to update the keeper details with the DVLA resulted in the re-issuance of correspondence, permitting reduced payment.

This claim is in reference to Parking Charge(s) 3822**/******

 

What is the value of the claim? £175.00

 

Has the claim been issued by the Private parking Company

or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Parking eye.

 

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

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Hi HB. Good to see you again too. Glad you're still fighting the good fight.:-)

 

 

Oddfellow, please excuse my sarcasm. I just can't help myself :wink:

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

to the solicitors

[Your address]

.

[Their address [solicitors]

.

[Date]

.

Dear Sir or Madam,

.

Re: (Claimant's name) v (Your name) Case No:

.

CPR 31.14 Request

.

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

.

1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,.

.

2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007

.

3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court.

.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience..

.

Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

.

Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

.

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

.

If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response.

.

You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence.

.

Yours faithfully

.

TYPE YOUR NAME DO NOT SIGN IT

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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DX. Good to see you again. As usual you're a star. Thank you.

 

There is no address for the solicitor listed on the claim form.

There is only a name for the "Claimants Legal Representative".

The only addresses on there are for p e

 

Should I send it to PE's address?

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yes PE

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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Ok, tell us about the event, particularly what the business of the premises is and what the maximum stay time was.

 

We will also need to see the signage at the site and will need pictures of the entrance from the public highway, we will need to know whether the signs are illuminated (so time of day of the event will be needed) and whether any signs scattered about the place are different to the one at the entrance.

 

PE's newer signs are generally hard to knock back so your daughter will also need to note the position of the signs on a simple plan of the site and show where her car was parked.

Edited by honeybee13
Paras.
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The car park is used jointly for Starbucks, the petrol station shop which contains a subway and mac Donald's.

 

Also there is a car wash on the site.

The car was parked there at 4 pm in October.

So still light.

I'll get the pictures sorted later today and post up.

 

The maximum stay is 2 hours apparently.

 

The car was left there overnight.

 

I know she is in the wrong here by the way but I just hate paying these leaches!!

 

Thanks for all your help. You're awesome.

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Ok, why was the car left there overnight,

does she work there or some compelling reason.

 

We did ask you to tell us about the event so please enlighten us.

 

we strongly dislike these parking co's making money by nefarious means but sometimes people have to accpt that they are their own worst enemies

 

We will need to know who owns the land if that is possible to determine,

it is unlikely to be any of the businesses there but often the wrong permissions have been given to PE so they dont have a legal basis for their claim.

 

your daughter should be doing some research into these matters or just do what most people in their twenties do and say it isnt fair and expect you to pay up for them,

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Thanks rricsbrother but I wanted legal help and not a lecture on how my daughter or I should behave.

 

If you can tell me if they have the right to do this or if it's all bs as usual I would be more than grateful.

 

If dd is in the wrong then she will pay. Not me.

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if you answer the questions then you will get the advice that is pertinent to the situation.

 

 

It is difficult to give advice when we are getting the informaion through a third party,

this slows things down and the small differences that make or break a claim get missed so we would prefer it if you could get her to post for herself and that way we lose nothing in translation.

 

 

So far we know nothing about how this has come about,

there are thousands of threads in this forum and the rerquirements of what information is needed is made in most of them.

 

 

If you can read a few you will understand the what, wheres, whens etc.

If that is not forthcoming we cant help you

 

as for telling you whether they have a right, we dont know until we have all the facts.

 

In the meanwhile she should defend the claim by ticking the relevant box on the N1 form saying defend in full or go to moneyclaimonline and set up an account and do it that way.

 

As much as you want to help she has to do all of this because she is the one being sued and will have to attend court to defend if necessary not you.

 

as for the lecture?

I have 2 daughters of that age and I have to deal with this kind of thing on a regular basis but nothing seems to improve

 

 

so forcing them to do some of the donkey work may make them appreciate that it is of their making.

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I have looked on Google Street View at this site. There is one small sign on entry to the site but it's too far away for me to see the full details AND the image is from last year so signage may have changed in the interim.

 

Whilst late in the day, I would still try and find out who the contract is with. As there are many shops on the site, there may be a managing agent and if so they would have to show they have the authority to engage a parking firm.

If this is the case (management agency) the landowner will have needed to give them the authority to engage a parking company. Check with the local council on whether any planning permission was applied for the installation of cameras and signs.

 

As mentioned earlier, count the signs. The one at the entrance is easy to miss as it is surrounded by other signs. Pictures, lots of them and especially where she parked.

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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have you done post 5 yet FL?

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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Share on other sites

Thanks sf and dx.

Yes post 5 done and waiting for the reply.

Will post pictures of the site later today.

Have requested info from council re pp. still waiting.

Thx again.

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pop the pictures all into one multipage pdf file and attach that

then we can zoom at will on them

 

 

upload

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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Share on other sites

  • 2 weeks later...

Apologies for the late reply.

 

Have received a reply from parking eye.

 

..

PE 31.14 reply.pdf

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ARE YOU A VICTIM OF COWBOY BUILDERS?

 

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thread tidied.

 

 

so they aren't going to disclose anything until / if it gets to the WS stage.

 

 

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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Share on other sites

opps....your defence was due Friday 28th by 4pm.

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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Share on other sites

opps....your defence was due Friday 28th by 4pm.

Oh yes! Shine a lite!

What are my options now? pay up or....................

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Which guide to the Sale Of Goods Act

 

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ARE YOU A VICTIM OF COWBOY BUILDERS?

 

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no just use the two line defence

available on numerous VCS EXCEL BW threads

use our search CAG box of the top red toolbar

 

 

file it via MCOL website

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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Share on other sites

Get on to MCOL, do that immediately.

 

File this.

 

The defendant denies any contract existed between themselves and the claimant and put the claimant to strict proof of same.

 

 

 

It is imperative that you do this without any further delay. And as you're 13 days late, it's 50/50 as to whether or not you're going to get away with it. The courts are slightly more lenient when dealing with a LiP, but huh.png

  • Haha 1

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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  • 2 weeks later...

All above done now.

Just waiting.

Thanks for your help DX and DF

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  • 1 year later...

what happened??

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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