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    • I Know I will get flamed for this , but for once time only I am with MET . The so called  “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason  , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel  if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
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tissot

PPM/gladstones Claimform - 2 PCNs fallen permit - Flats Winterthur Way Basingstoke

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Hi all,

 

I have recently moved to the Winterthur Way development in Basingstoke.

 

I rent a property which includes a parking space.

It wasn't until I moved into the flat that I was given a parking permit and told to use it when parking in my allocated space (This was something that was not mentioned in my tenancy agreement!).

 

After moving in I received 2 x £60 parking charge notices for using visitors spaces (Returning within a 48 hour period) to drop off my furniture.

 

I used the visitors space as I had to use a different car of a suitable size to drop the furniture off.

Also my space isn't near my flat its further up the road.

 

I kind of understood as I could have possibly been using a space that someone else could have been using, all be it for a very short period of time.

After paying these two charges from PPM I thought it was over !

 

Two weeks later as a result of having to pay £120 to PPM straight after moving in I had to do overtime at a weekend so I was able to pay next months rent.

 

The overtime meant staying away with work from the 8/07/2017 and returned on the 11/07/2017.

When I returned on the evening of the 11th I have been met with 2x PCN from PPM on my windscreen whilst I was parked in my own space.

 

Straight away as I approached the car I have seen my permit was not stuck to the top of my windscreen where it was before I left.

Both PCN's are for 'Not displaying a valid permit' one for 09/07/2017 & 10/07/2017.

 

I thought this surely wont be an issue I will just send them evidence of where the permit had fallen (A video from my phone was sent) also a picture of my valid permit.

 

After all it is my space and unlike the visitors spaces I could not have inconvenienced anyone as it is 'MY SPACE'.

They should just accept that and cancel the charges.

To my surprise I have an email from PPM stating my appeal has been rejected !

 

PPM is now giving me the option to appeal to the IAS but from my understanding I don't stand a chance appealing to them either?

 

I don't really have the cash to pay the 2 x £60 at a reduced rate.

Let alone £200 if the appeal to the IAS fails.

However I really do feel they can't do this.

 

Any help is greatly appreciated.

 

I understand I probably haven't included all the information you guys need to help but I am also not sure where to start.

 

I have included the response from PPM in a ZIP file with my name and REG edited out. Just let me know what you need and I will post it up !

 

Regards,

 

tissot

docs1.pdf

Edited by dx100uk
zip file converted to PDF and properly redacted.

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mug why did you blindly pay them....

your tenancy gives you supremacy of rights far greater than theirs over stupid speculative invoices which they haven't even probably got a contract with the LAND OWNERS to even issue or create contracts in their own name.

 

can you complete this please

one for each.

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

and go do a chargeback on the sums you've paid them.


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MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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I know and don't I feel like one !! I have never had to deal with anything like this so was blind sided by them into paying it.

 

Not until I have done a bit of research that I have realised I could have fought it.

 

I shall fill the details out as requested.

 

For a windscreen ticket (Notice To Driver) please answer the following questions....

 

1 The date of infringement?

- 09 & 10 July 2017

 

2 Have you yet appealed to the parking company yet? [Y/N?]

- Yes, they have rejected and I now have the option to appeal to the IAS

- Here is the appeal statement I sent them via their online appeals form (Sent on 11/07/2017).

 

"Due to the extreme heat on the 09/07/17 reaching 26 degrees Celsius and the car is in direct sunlight all day, the adhesive used for my permit has become unstuck and the permit has fallen off the window and down by the drivers seat of the car. I have not seen this as I have been away for work over the past few days. This is in fact my reserved space as I live in XXX and I do have a valid permit for space XXX. Please see attached video as proof. I can also provide proof of address and witness statements stating that this is my space. I have tried to attach evidence but it wouldn't send over this form. I have sent an email to XXXXXXXXX with the evidence, Under Subject 'PCN Appeal XXXXXX & XXXXXX'

 

has there been a response?

- Yes please see my first post I have attached PPM's response

 

Who is the parking company?

- Parking and Property Management Ltd

 

where exactly [Carpark name and town] did you park?

- Winterthur Way, Basingstoke

......................... ....

 

Is it even worth me trying to go through the IAS? Reading up on other threads there doesn't seem much point. However if I word the appeal correctly is there any chance of it getting thrown out?

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Playing devils advocate here on your appeal

( I agree you shouldn't pay these bar stools.

 

Please provide evidence that the adhesive strip fails at the temperature you state.

 

Please explain under what regulations you must affix said ticket to a windscreen when you could of stuck it to the dashboard therefore alleviate it from falling!

 

Remember I'm playing devils advocate

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Devils advocate is definitely a good idea.

 

Good question about the tape. I just assume this was the reason it fell as it was so damn hot! Truth be told I couldn't tell you what the manufacturer or type of tape it is. It was just in the draw! I now understand it was naive of me to assume this was the reason.

 

Point to note is that I used double sided tape as I remove it when I use the car as the Permit has my bloody address on it! So it couldn't be anything permanent. As I don't really want people to know where I live.

 

The sign says 'Vehicles must display a valid permit in the front windscreen at all times appropriate for the area in which you are parked'

 

So not stating specifically I have to affix it to the screen. I just followed what everyone else around me was doing.

 

Basically I now realise what I told them doesn't mean squat!

 

I just thought as I had a valid permit and it's my space I could easily get this cancelled.

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Dont know,i can't read or write your honour .

No contract can be formed as no meeting of the minds!!!!

😉😉😉

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doesn't wash as then they shouldnt be driving.

its a stupid thing to admit too

 

 

you don't need any excuse

your supremacy of contract overrides their claim..


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doesn't wash as then they shouldnt be driving.

its a stupid thing to admit too

 

 

you don't need any excuse

your supremacy of contract overrides their claim..

 

Are you saying that people that cant read or write shouldn't drive???

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to a degree - you must be able to understand road signs to pass the test

much like the eyesight requirement

 

 

but anyway

its totally immaterial.

 

 

supremacy of tenancy over rides their non exist parking contract.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Your right its immaterial

The interpretation of signs is not reading.

According to the gov website and department of transport..

Assistance will be given to those people who require it. This includes conditions such as dyslexia, those who struggle or cannot read and/or write and those who English is not their 1st language.

Assistance could be having a reader supplied for you, the test in your 1st language or extra time granted.

 

I ask you to retract your comment on people who cannot read or write shouldn't be driving.

I think you'll find your comment goes against equalities act and therefore forum rules.

 

The ability to interpret a sign is different than reading a painted banner saying village fete next sat

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oh stop playing silly games on every thread you go on..

 

 

that's not what I said


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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https://www.nidirect.gov.uk/articles/taking-your-theory-test-if-you-have-special-requirements

 

Its not silly games

I dont care if your site admin

Your statement is wrong and goes against the equalities act and therefore site rules. Your comments have been reported but they'll prob go to your inbox for inspection....

 

Trying to make someone look at a problem from a different angle or throwing up a counter argument as a devils advocate is not " silly"

I think you need to look up the definition of "forum"

 

What it does is strengthens the posters argument and stops loop holes that the offending party could try to use....

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I could possibly use that, can I just confirm I am literate and my first language is English, however as I didn't state that in my initial appeal to PPM I don't think I can change my story to the IAS.

 

I think best bet it trying to prove that they aren't legally allowed to give me a ticket!

 

I want to try my hardest to nip this in the bud at the IAS stage so I don't have to go down the route of gladdys then court. Which seems to be the common route for PPM!

 

I have attached the section on parking from my tenancy agreement, does this help at all?

IMG_20170717_170826.png

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that agreement nicely overrides their silly speculative invoices

sadly it wont matter what you sent to IAS

 

 

IAS are run by the same 2 that run gladdies, if you go read like threads.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I haven't appealed to the IAS yet, what is my best course of action?

 

Appeal to IAS anyway with a statement that will hopefully scare them off and hope?

 

Just leave it and wait for the letters from gladdys?

 

Or try and write to the land owner/management company to see if they can get PPM off my back?

 

I don't suppose anyone could elaborate on 'Supremacy of Contract'?

 

What it means and how it works?

 

I can see it being mentioned in a few threads however cant find anything specifically on the subject.

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Hello there.

 

Have you typed supremacy of contract into the Search CAG box at the top of this screen, in the maroon strip?

 

Or you could search for the same on the Parking Prankster's website.

 

HB


Illegitimi non carborundum

 

 

 

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Parking Pranksters was most helpful, so correct me if I'm wrong as my rental 'Tenancy Agreement' does not state anything to do with parking permits this over rules their signs saying I'm entering into a contract with them?

 

I have also had a quick look for planning permission in my area and can't find anything to do with signage for parking?

 

Does a parking company need planning permission to put up signs on private land?

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I have also had a quick look for planning permission in my area and can't find anything to do with signage for parking?

 

Does a parking company need planning permission to put up signs on private land?

 

Good point, tissot. Hopefully the guys will be along later.

 

HB


Illegitimi non carborundum

 

 

 

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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have you gotten that chargeback done yet for the one you blindly paid?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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have you gotten that chargeback done yet for the one you blindly paid?

 

I have paid on two separate occasions for using visitors spaces as I didn't read the signs when I first moved in so slightly different circumstances.

 

Not sure how to proceed with a chargeback on those ones?

 

I didn't want to clog up this thread with that issue as well.

Edited by tissot

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ring your card provider

tell them you had a valid parking permit

and that you were forced to pay under duress by a debt collection agency that rang you and said they take your car if you didn't pay

of which yo now know different and you've found you've been s.cammed


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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That simple? I shall try this tomorrow and let you know how I get on.

 

Would there be any sort of official process or fraud prevention measures taken meaning I have to show evidence of being [problem]med?

 

Now I see what the dot is about!

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well you've got that

proof of tenancy and right to a parking spaced in your agreement end of.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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