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    • Thanks for your help, Dx. CRS are currenly acting on behalf of their 'Client' so it looks like they're trying to pull a fast one! Thank you!
    • Hi everyone, I live in a flat with family,  my wife and two very young daughters,      baby aged 3 weeks and little girl 15 months,    live in flat that is above a shop premises,  which is a Beauty Beauty Lounge. We have complained about breathing in vapors and fumes from the shop below to the business owner,   since she recently moved in,    but she denies using any strong chemicals or solvents,    even though she clearly advertises Nail, Hair, Spray Tans treatments etc. We have to endure headaches,   and itchy eyes due to there fumes that smell like strong solvents and ammonia smells,   which you can feel in your chest. We know that she does acrylic nails treatments (Acrylic solvents),   spray tans (Dihyroxyacetone),  hair treatments (Hair Dye and Perming Lotions etc), lip fillers, that are advertised,  and other hush hush cosmetic procedures. The business is permitted under a low impact classification etc,    but she is using all the basement rooms as treatment rooms,    not as storage as they apparently supposed to be,,     the shop at ground level,,,   she rents out various positions,   making it really busy at times.   She calls herself a practitioner,  like a doctor,   does this contravene the premises use classification ? The business apparently has no waste collection whatsoever,,   all waste chemicals go straight down the sinks and drains,   sharps and bio waste she most likely dumps in her household waste. She opens up in the morning usually about 9:30 am,    and stays open until late at night,    closing at sometimes 10 pm or so. All the while that she is open,    she has music playing constantly,   which we can hear in every room and can't get away from it in our living accommodation,    and is becoming a real nuisance. We are worried about the long term effects of breathing in these fumes as she has no extraction at all,  but fear that if fume extraction is put in,   that we would still be affected in the summer when the windows are open. Also we are worried about the fire risk,   as she has no fire extinguishers or fire alarm.   Then there is the question of how flammable chemicals are stored,   and what leakage measures she has.    We have only one exit,   though the kitchen,   and have to vacate down a wooden staircase,   with this underneath,  it is a constant worry. Her fire exit also comes through our basement that we use as a utility room,   which has no ceiling,  just bare wooden joists etc,  with no exit lighting or proper exit door.   I have also asked her on a number of occasions,    if she could turn down the Bass on her music,    that she has going BOOM BOOM BOOM,  usually from about 9:30 am,   until late about 8/9 pm, sometimes later. Her verbal reply was basically,   it's a beauty salon,,   what do you expect,    her text reply below, "to be quite frank I'm getting sick of it now I'm running a business and you live above a shop... your complaining about noise on a Saturday afternoon. I'm legally allowed to play music from 7am to 11pm." Sometimes,   its like a party downstairs,   and she is running her venue it like that, with celebration drinks for clients and friends. This is totally unacceptable and impossible to live with.   The letting agent says it is a Civil Matter,   and there is nothing that they can do.   The landlord has replied,    through the letting agents,   and said,   I'm not sure what I can do but talk to his commercial tenant in the shop,   which doesn't sound like he is bothered or taking it very seriously at all. Please can you advise us asap,,    as we are really struggling living with these problems.  
    • easily undone. and free I can do it for you.   can you post up a screenshot photo of what you are seeing that prevents you from accessing the PC use PDF only please read upload   dx  
    • Idem also sent me an envelope that was an inch thick supposedly full of documents that they were going to use as evidence against me ........   everything you mentioned in post 155 was there on paper according to idem and now that they have the evidence it would be better for both parties to avoid court and for me to sign up for a Tomlin order.  After going through the documents apart from all the paper work that was printed out from idems own network, there was no   Signed agreement No valid default notice No termination notice No statements from HSBC No notice of assignment As dx has stated in the post above, it is all designed to lead you into a panic and agree a payment plan with them and avoid court.    
    • the debt is statute barred   only the debt owner can issue a letter of claim or a court claim. via a solicitor original creditors do not do court.   dx  
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Parking Eye windscreen PCN - Asda Newton Abbot **CANCELLED BY ASDA**

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Can I quickly ask for confirmation for what I have read up on.....

 

If the Notice To Keep (printed out/stuck to screen) doesnt include a duration of contravention then the notice is invalid?

 

Many thanks.

 

No ANPR on the way in or out.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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1 The date of infringement? 26/04/2018

 

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

 

If you haven't appealed yet - ,......... (no, parking charge notice attached to windscreen)

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] what date is on it Did the NTK provide photographic evidence? Nothing received yet aide from Parking Charge Notice, I dont think ANPR is on site

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] ticket mentions POFA - Y

 

4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company? Parking Eye Ltd

 

6. where exactly [Carpark name and town] did you park? Asda, Newton Abbot


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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you await the NTK before doing anything further

that must arrive between 29-56 days


..

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Thanks.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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What does the ticket say you have done to breach the contract offered ?

Knowing this will help us formulate your response when the time comes.

 

In the meanwhile pictures of the sigange at the site would be haepful and even posting up the screen ticket would make things easier to determine whether they have got things right from the outset (probably not)

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Hiya.

Absolutely get pictures. I have looked on Google StreetView but the images range from 2011 and 2014 and the signs on site were for Smart Parking so we need to see updated images.

 

I have to say that it's rare for PE to have attendants on site but that may be down to planning permission for ANPR cameras being refused. Sit on your hands until the NTK arrives then we can see what they are trying on.

 

With no relevant details on the NTD, it doesn't give the driver an option to appeal as he/she wouldn't know what rule was broken


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Definitely no ANPR, looked on the way out.

 

Will post up an image of the ticket later. Photographs to follow, going down in a few days and will swing by.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Ticket image attached.

 

Issued 26/04/2018, details removed for privacy.

 

Here you go

pf sen.pdf


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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they say you are required to pay- no you are invited.

 

As for the reason of no valid ticet that can make you a trespasser and thus not party to any contract but seeing the sigange will help us with this thought. It must be saud that siome judges dont agree that anyone is a trespasser in a car park so not always a winning argument on its own, hence the need to see what was offered.

 

However, you can and should have a moan at Asda head office but do this using pen and paper rather than email as emails will get forwarded to PE and they will just say you should pay up. if asda forward a letter then they are in hot water with the DPA unless you have said they could so make it clear you want them to deal with it or tell you they are unwilling to do so and not to just pass the buck to PE

Edited by honeybee13
Paras

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Thank you will have photo's later on in the week.

 

And write to asda.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Yep, get the name of their CEO from the web and give him some grief.

 

His office will probably tell you that the parking co are dropping at as a gesture of goodwill and dont be naughty again rather than saying anything concrete about the actual site

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Letter sent to Mr Burnley.

 

Appears that Parking Eye Ltd don't have planning or advertising consent for any of their system/signs in Asda, Newton Abbott. Search on Teignbridge district council website returns nothing - lots of stuff from Asda (from 2006 onward) but nothing relating to car park signage.

 

Signs from car park attached in pdf.

20180502_082844.pdf


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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I have also looked on Teignbridge District Council's planning portal and I agree, there is nothing to see.

 

I'm sure that where a ticket is issued for 'no valid ticket' any observation period should be noted as you may have been off to buy a ticket while the charge was issued.

 

Also, the sign posted above does not give the company's full address. A PO Box number is clearly not sufficient.


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often the planning consent for the building of the store requires a certain period of free customer parking. If that is in the planning consent then no-one can just decide to introduce charges at all, the council will ahve the power to shut the store down if they feel like it!

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I FOI'd TDC when Smart Parking were in at Asda Newton Abbot, and ASDA agreed with the TDC in order to get planning consent to build the store that they would levy parking charges and not offer any free parking time - so they are not able to do so.

 

at that time Smart Parking didn't have consent for the signs (only ASDA had applied for consent) so cancelled the PCN I appealed with them.

And I doubt that PE has consent either as its the same bloke that used to work at Smart Parking issuing PCNs and very similar signs to the ones Smart Parking used.

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Thanks for the info. The only consent relating to car park signage I can see is a submission by Asda in 2006, which would not apply to a new third party company operating a system on their land.

 

Makes you wonder that if planning permission isn't being obtained for any of these systems being installed nationwide, and they are there illegally without planning or advertising permission, are the monies being collected being obtained unlawfully.


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Indeed they are and that always forms part of any appeal I submit.

 

They have never yet taken it to court to get it tested in my cases not sure if any judge has considered it yet in any rulings.

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Asda replied, as a one off gesture of goodwill Parking Eye invoice will be cancelled.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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good for you.

Saves anyone having to explain why they break the law then as well and PE can mug the next person in the queue.

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That is good news. I will hold off marking this thread as resolved until PE write to you.

 

 

Keep that letter from Asda safe, just in case PE try it on again in the future


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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thread tidied title updated.

 

well done CAG

 

don't forget to donate please


..

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In the long run they are losing market share to the likes of Aldi and Lidl.

 

The letter does refer to keeping us as a customer.

 

At the same time as saying normally they would refer us to Parking Eye to appeal.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Will get some funds over in the next few days.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Thanks for the advice all. I've just used the information to construct my own appeal. There are still no planning approvals or new submissions for approval of their signs. Fingers crossed!

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 486 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.

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