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    • Welcome to the real world. What year of university are you in? What university? And what are you studying? What is the name of the agent? And what is the name of the landlord? The business of holding deposits should be affected by the Consumer Rights Act 2015 and that means that they should be subject to terms relating to fairness. It seems to me that if you pull out of an agreement to take the property then the agent or landlord should only be entitled to hold on to sufficient funds to cover any administrative losses which they have suffered as a result of your change of decision. In practice many agents will simply take the opportunity to cream off a bit of extra profit. I suppose you just paid the money over without any kind of written agreement or recording or any evidence. Certainly, if you paid over a holding deposit on the basis of a particular contractual promise – that there would be a break clause and then subsequently there was no break clause then it would be a simple matter to argue that it was the agent of the landlord who had gone into the breach of contract in which case you would be entitled to recover all of your money. However do you have evidence of this? Similarly, if you pay the holding deposit and were only told afterwards that it was not refundable then it is arguable – although not cut and dried – that they had introduced a new term into an existing contract and so once again, you would be entitled to recover all of your money. However, once again – do you have any evidence of this? It will be interesting to know whether the agent is acting of their own initiative here or whether they are really exercising the will of the landlord. Please address the questions which I've put above
    • The house was sold in 2015. What’s Ll/BB. Can any one just say what I need to do. Or what I can do. Are Lowell in there rights to claim and therefore I’m liable for paying back the debt. Even though they can’t prove a contract to me in my name. Many thanks 
    • Hi GrievingMum   I fully understand and sympathise with your medical conditions.   The 3 screenshots/images in post#21 I have removed as I have converted those into one PDF which is now showing in that post.   CAG prefers PDFs rather than multiple screenshots/images but as I said I appreciate your medical condition so I have converted those screenshots/images into one PDF and removed the screenshots/images and left the PDF in your post.    CAG also prefers that all our caggers remain Anonymous on CAG, could I just suggest that when your have edited your document to just leave it for a while then go back to it and recheck that you have removed all info to keep you anonymous before uploading to CAG.
    • The letter send to contact them. Maybe if they wanted people to ring them they should put telephone? I was in India at the time so not really convenient to call them (I can prove this to them if it became an issue)  
    • Hi  I genuinely have not received this BUT I am not saying that it hasnt been sent as I am sure it will have been.   As i said, my son has the same name as me and I am sure if he had seen one of these, he will have let me know as he did when he opened the second letter. 
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Bookchin65

UKCPS ANPR PCN - PoFA and registered keeper

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Hi this is my first post...so apologies in advance if I'm not doing it right!

 

I've done the research after getting a notice from UKCPS.

 

I wasn't the driver at the time so they are pursuing me as the registered keeper.

 

What Id like to know is how the Protection of Freedom Act is being used by them to circumvent Contract Law...

 

My question is if I wasn't there and didn't read their signage how can I bound by their contract?

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because it defaults to you as the RK..

 

anyhow

don't panic

easy to bat away.

 

can you complete this please:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(2-Viewing)-nbsp


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Hello and welcome to CAG.

 

What stage are you at with this please - what documents have you had?

 

Best, HB


Illegitimi non carborundum

 

 

 

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Hi

I cant find the original notice to driver.

.Im usually pretty good with keeping documents!

 

The event was on the 28/10/2017 but I didn't receive any documents from UKCPS until close to Christmas as they had been misdirected to a neighbours address.

 

I eventually replied saying I wasn't the driver and could they send me photographic evidence to help me identify the driver.

No evidence had been sent with the first notices.

 

UKCPS added that as i had appealed out of time that the parking charge would stand....Ill try and find the original documents.

 

However, I have asked their DCA (Debt Recovery Plus Ltd) to return the account as the charge is disputed.

I am about to reply to UKCPS and I'm inclined to test the default to registered driver..

 

.contract law is very specific and if UKCPS haven't breached the expressed terms there maybe a breach of the implied terms.

 

Sorry that was a bit of a muddle...Ill try and find the letters...thanks for your interest

Edited by dx100uk
spacing

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we've been there and done that in the minutest detail already.

see ericsbrother posts

 

find the paperwork please

and IGNORE THE DCA

they are NOT BALIFFS

and have

ZERO legal powers


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You won't get anywhere by arguing with UKCPS over contracts, either express or implied. If they had a brain cell between them, it would die of loneliness. They'll just drone on and on about the POFA and how it says "as keeper, you are liable".

 

The only way to prove them wrong is if they take you to court, and then you (and the Judge) give them a sound thrashing. But even that only helps you, it won't stop them trying it on with the next poor sod that supposedly "falls foul" of their T&C's.


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Thank you Dragonfly...I fully intend to go to court with them and dx100uk these are all I can find at the moment cheers

 

So if they didn't send photographic evidence with the original Notice to Registered Keeper but only sent it after the appeal had timed out...could that be seen as invalidating the process?

img054.jpg

Edited by dx100uk
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ive removed the first letter

you MUST redact things properly.

read upload please!

and use PDF


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

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the photos of the in-out under anrp rules must have been on the NTK/NTD sent within 14 days

go DO and read the link in post 2 it tells you there.


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

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

 

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Single Premium PPI Q&A Read Here

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misdirection of post is not the doing of the sender so it is deemed delivered as far as the POFA goes if they sent it in time.

To determine this we need to know the date of the notice and the date you got it and if possible the date your neighbour received it.

 

Dont argue with UKCPS and dont respond to DR+ in any way shape or form.

You will beat them at this but you need to get all your ammunition stockpiled for when it does kick off properly and arguing about points that they will then invent evidence around is not productive.

 

You are right this is about contract law but there are many court cases and also relevant legislation that help one side or the other according to what each has done

Edited by DragonFly1967
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Hi ericsbrother..I figured late post doesn't matter...

 

I cant find the first NTD/NTK at the moment but am I right in thinking I should wait for a claim from UKCPS and not contact them between now and then.

 

I think i should go back to the carpark and get some photos of the signage...

cheers

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letter of claim


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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always wortyh big ahrad of the game so yes, get the piccies and anything else you can find to help. Not just sigange but entrance to the land from the public highway, lighting etc

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