Jump to content



  • Tweets

  • Posts

    • Thank you, that is really helpful advice. He paid Goods and Services. I have all the messages we exchanged. Hopefully it will be fine, I just thought it dodgy that he's already saying he will send back if he's unhappy before he's even got the book. Why not have those conversations first.  I have another book to sell too and already have quite a lot of interest.  So am I best sending extra pictures of the condition to each interested person and making it clear it is sold as shown in the pictures and I won't accept refunds? 
    • Done.   I wont be able to send the SAR until the end of the month for TT as I wont get paid until then and I'm a little out of pocket as its my first month working after a spell of no work. Wil that be an issue?   Also what's to stop people jsut selling ficticious debts off? As far as I know, a telecoms provider can't charge you when you move and they can't supply, meaning that a large proportion of that debt is ficticious?
    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

Ukpc windscreen pcn - Parked in Disabled bay - No BB - Valley Retail Park Croydon


Please note that this topic has not had any new posts for the last 958 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi there,

 

Can anyone kindly advise -

 

Parking Charge of £100 received for not displaying BB in Disabled Space, at night in a large Retail Park from UKPC.

 

I don't have a BB and I'm not disabled.

 

I didn't see any signs for UKPC in that area and it was very dark

- I only saw them afterward driving home once I had received the ticket.

 

I took a photo to demonstrate that there were no signs in front of the car.

 

Should I just ignore this. Or should I contact UKPC to say that I wish to contest this.

 

I parked there because it was late at night and the car park was extremely busy and as I didn't see any enforcement I didn't think it would be a problem.

I was rushing to meet a friend and didn't want to be late for the cinema.

 

The vehicle is not owned by me - it's a leased vehicle via my brother's firm.

Link to post
Share on other sites
  • Replies 72
  • Created
  • Last Reply

Top Posters In This Topic

The very first thing you need to do is upload a pdf of the notice you have received. Blank out all personal and identifiable information and make sure we can see both sides if they have printed anything on the back too...

 

Do NOT respond to UKPC until the experts here have had a chance to check out the paperwork...

Link to post
Share on other sites

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

please complete the above so we have all the info to correctly advise you

 

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... 

Link to post
Share on other sites

should be easy

there no such thing as Blue badges on Private Land

They are for On Street Council parking

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... 

Link to post
Share on other sites

several things to think about.

 

Is the keeper of the vehicle up for fighting this,

you say it is a lease vehicle so who will get the NTK when you ignore this ticket

because we dont want the contract co paying up and then adding unlawful costs on to your brother's bill.

 

Now,

if the firm is a Ltd co then it is easier to deal with because there is no company liability in these matters

because the term "keeper" in the POFA is an individual and no individual would then own it.

 

I have dealt with other tickets for the same reason for the same place and after they have spent their time sending out letters they have gone quiet when told that the money isnt forthcoming because......

 

and then a list of reasons such as no idication they are offering you a contract

because the signage there is placed in such a way you dont see it when entering the land,

merely in some areas off the little roundabout in the middle of the parking area and even then that can only be seen when entering certain sections.

 

Likewise, the disabled parking area doesnt have the correct sigange to determine that you need a blue badge

( that would be a contractual term) to park in any specific bays

 

as others say,

the BB scheme doesnt apply to private land and there are no markings there that are universally applicable as a CoP so any demand for one has to be clearly specified on every bay that they want included and they fail on that front.

 

Speak to your bro and ask him if he is up for a fight,

he can always name you as the driver at the time if he isnt but for the moment wait a month for his letter through the post as they normally get that wrong as well.

 

The come back here and we can take it for there but for the moment dont contact them in any way but esp not by email or phone

Link to post
Share on other sites

Hi there,

Thanks 'EricsBrother' for your advice -

I'll need to check with my brother if he's up for fighting it - I'm guessing he will as long as it doesn't cause him agro or costs and we have a good chance of winning.

 

Who will get the NTK - i don't know.

But, I would imagine if they can track it correctly it would firstly go to the lease company,

 

which would then be sent to my brother's company and his P.A. would open it and know that this is the car I'm driving.

 

So I've warned her something may arrive and asked her to send it to me.

 

Yes, that's right I don't want to incur any costs from debt collectors or admin fees etc.

 

Is my brothers company a Ltd company - I think so will check it asap.

 

So just to be clear your advice is take no action whatsoever right now - just sit and wait for them to contact me in writing.

 

Does everyone agree that this is the best course of action here?

 

Thanks

 

Ok checked def Ltd Company.

 

THIS IS A PARKING CHARGE FROM UKPC

 

DATE 20-1-2018

 

Did I appeal yet? - no I've done nothing - so therefore I don't have an NTK yet

 

Who is the parking company - UKPC – i.e. UK PARKING CONTROL LTD. UXBRIDGE

Link to post
Share on other sites

They'll try to add on debt collection fees and any other figures that they can pull out of a hat. But that doesn't mean that you'll be paying any of them :wink:

 

Correct. The Leasing company will get the NTK first (unless your Brothers company is shown as the keeper in which case he will).

 

Don't appeal anything until you know if your Brother is up for a fight, and if he is, until he receives the NTK.

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.

Link to post
Share on other sites
  • 1 month later...

Hi there,

 

I have a notice to keeper arrived 26/2/2018 - but dated 22/2/2018.

 

The lease company have sent this to my brothers company - they are charging him £15 plus VAT admin for sending this notice to them. The lease company say that I must pay the fine or notify them of appeal prior to the due date (i'm not sure when this is ...assume it's 28 days from 22/2/2018)

 

So I assume I should call the lease company and tell them I plan to appeal (otherwise they will pay and charge me an admin fee on top).

 

 

Please advise on how to best proceed. Thanks in advance.

Link to post
Share on other sites

where does it say FINE please?

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... 

Link to post
Share on other sites

you are making things worse for your brother by using the word FINE when it isnt. By doing so you make it seem as though there is some legitimacy to this and that will make the lease co want to do what they want and claim the money back. Stop it now and get your brother to do a bit of research on this place, UKPC and private parking in general.

 

Where he was parked the entrance to the private land doesnt have signs indicating he is being offered a contract, they are only evident at the small roundabout where you can turn left to park in front of the cinema and this sign is easily missed as it is not illuminated. The disabled spaces in front of the cinema are not signed properly either. It is my experience that UKPC often go quiet when this is raised with them but not always. Now your brother should go back and photograph the site, signs and road markings and read the signage so he can determine whether he has entered into a contract with them or not.

 

You cant do anything unless he names you as the driver so best get him to startr doing somehting to help himself by popinting out this thread for starters

Edited by DragonFly1967
Spacing. Content unchanged.
Link to post
Share on other sites

Thanks for your comments. I used the word 'fine' incorrectly on this site, I've not used that word anywhere else - you are correct that word is not used on the 'Notice to Keeper' it says parking charge. The language used in the letter from the lease company says charge and fees.

 

ericsbrother -'where he was parked'.. I was parked, not my brother. I wouldn't expect him to take time to photograph this area I can do that since this is my issue.

 

I'm not clear on the way forward here - are you saying my brother should name me as the driver? Please would you kindly clarify this?

 

Thank-you

Link to post
Share on other sites

You, or your brother have had the Notice to Keeper (or Hirer in this case). There should be space on that form somewhere to tell the parking cretins who was driving the vehicle.

 

The only way to remove the lease company and your brother(s company) from the loop is to be named as the driver. This means that the cretins have to deal with you directly.

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.

Link to post
Share on other sites

So my next steps should be to contact the Lease company to tell them I am the driver, that I am appealing and that they can pass my name to UKPC?

- I don't see anything on the form to provide this...just info on how to pay the fees

Edited by FantasticDay
Link to post
Share on other sites

You should firstly tell the leasing company that this is not a fine, penalty or statutory charge and therefore, as invoices are not covered under the lease agreement (check that first) you'd like your £15+VAT back (or credited, or cancelled) pronto. And that they'd best not make any moves to pay these bandits.

 

Also tell the lease company that the invoice is going to be appealed, and then as per the notice (there's usually a space for this on the back of the form, maybe they're trying to save on ink :lol:) appeal to UKPC as the driver (not normally recommended) but that's the only way to get the lease company out of the loop.

 

Dear Cretins..

 

I have received your invoice dated XX/XX/XX as driver of the vehicle.

 

The vehicle was not parked contrary to any visible signage and as the blue badge scheme has no relevance on private land, either cancel this ticket forthwith or give me a POPLA code.

 

Signed

 

The driver.

 

Don't actually sign it

-

 

It really doesn't matter on what grounds you appeal to UKPC, they'll reject it anyway, there's no profit in allowing appeals. But it removes the lease company from the loop and means that you can then fight this yourself without having to worry about your brother getting raggy with you or the lease company and any charges that they might try to add on.

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.

Link to post
Share on other sites

Hi there - many thanks for the advice, I'm writing the letter now. How should UKPC send me the POPLA code? - am I to put my residential address on this letter, I just want to check before adding personal information ... or should I leave it blank and let them send it to the lease company?

Link to post
Share on other sites

your address

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... 

Link to post
Share on other sites

Yep, your address. You don't want the lease company involved at all. They'll try to charge your bother(s company) for anything that they do, so best to get them out of the picture completely.

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.

Link to post
Share on other sites
  • 1 month later...

Hi there

 

So I’m feeling a bit worried about this now as I’ve received another letter from the lease company. The lease company says they received a ‘rejection notice’; if another demand for payment is received they will pay it +£25 + VAT :(

 

 

Cretins say - transfer liability from lease company - it’s been rejected - paperwork does not comply - section 13, para 4, section of the Freedoms Act 2012 - did not have include a compliant statement of liability

Link to post
Share on other sites

can you scan it up to pdf please

read 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... 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...