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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Karalius
      ParkingEye/DCB(L) ANPR PCN no.1. 15/09/2020 - Letter of Claim now Claimform - - Hallsville Quarter, London Basement And Surface

      By Karalius · Posted

      Thanks. Have sent it off. 
    • lookinforinfo
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By lookinforinfo · Posted

      Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • little old lady
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By little old lady · Posted

      Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • mystic_bertie
      UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ ***Claim Discontinued***

      By mystic_bertie · Posted

      lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • tobyjugg2
      I see Octopus have started using the old EON 'tricks to try an install smart meters

      By tobyjugg2 · Posted

      Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    

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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

UKPC/SCS Claimform - Multiple Windscreen PCNs Longton Exchange Stoke-On-Trent ST3 2JA

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trolley

trolley

Posted
Posted (edited)

I am running late on this one, I have to have my defence in by Wednesday.

 

Name of the Claimant UK Parking Control Ltd

claimants Solicitors: SCS Law

 

Date of issue – 06/04/18

 

What is the claim for – the reason they have issued the claim?

The claimant claims from the defendant the sum of £800 in respect of unpaid parking notices issued as a result of the defendant's breach of terms and conditions of parking at a site managed by the claimant.

I will provide the defendant with seperate details particulars within 14 days after service of the claim form.

What is the value of the claim? £800

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 ? UK Parking Control Ltd

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

There are 5 seperate notices that were issued.

I knew nothing of the first 4, the 5th I did and I appealed as they got the make of my car wrong and the signage was poor.

I heard nothing back and forgot about it.

 

 

A few months later i received a letter from a DCA and i explaiined the situation, they said I missed my appeal time and I had to pay.

I then ignored them.

 

I wasn't the only one that used my car, others had access to it.

 

I've attached pictures of the letters below.

Apologies, no matter what I tried I couldn't get picture 4 the right way round.

 

What do you suggest defence wise please?

 

Thank you

Edited by dx100uk
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dx100uk

dx100uk

Posted
Posted

can you pop all your uploads into ONE multipage pdf

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... 

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BankFodder

BankFodder

Posted
Posted

I expect that site team member: DX will be along soon. However, in the meantime, I see that you say that the car had several other drivers – but on the POC it says that you admitted being the driver.

 

Also, have you acknowledged this claim? Also it seems to me that the time for defence might have expired

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trolley

trolley

Posted
  • Author
Posted

Hi Bankfodder. I appealed just the one notice, I've had no discussion with then on any of the others.

 

My calculations puts day 33 as tomorrow. Have I calculated wrong?

 

Claim was acknowledged in time also

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BankFodder

BankFodder

Posted
Posted

I don't know whether you calculated incorrectly – but if it is 33 days then I'm pretty surprised that they haven't put in for a judgement – and they may well have done. What has been happening in the past 28 days that you have left it till now to come to us?

 

I don't really understand when you say – that you only appealed one. In the particulars of claim is says that you admitted being the driver on all of the contraventions. It would be helpful if you would give us a bit more detailed advice without having to cross examine you please. You really don't have much time if you're going to do anything about this – assuming that something can be done.

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trolley

trolley

Posted
  • Author
Posted

I go away with work often, I didn't pick up the letter from the court until 23/04. I then acknowledged the claim with gave me until 09/05. My then few days away turned into a week.

 

I've only even had correspondence with ukpc about 1 of the penalty notices, this one I appealed. I'm guessing by me appealing it admits to being the driver on that one occasion.

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BankFodder

BankFodder

Posted
Posted

So I take it that it is not true that you admitted being the driver in all cases.

What was the basis of the appeal that you made?

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BankFodder

BankFodder

Posted
Posted

And did you get any Notices to Keeper? What correspondence have you got from them?

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AndyOrch

AndyOrch

Posted
Posted

Defence is due today 8th May....33 days from and including the 6th April.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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BankFodder

BankFodder

Posted
Posted

I'm not massively up on the situation with private parking at the moment and I'm hoping that DX will be along soon who I think is much more current with this kind of thing. I have one or two ideas but I'd like to discuss it with DX first. Certainly you need to get a defence in before 4 o'clock this afternoon

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AndyOrch

AndyOrch

Posted
Posted
Ok, hadn't realised it included the 6th.

 

Will I need to provide photos at this point of poor signage and the error on the penalty notice?

 

No that comes later in the process when you submit your witness statement and evidence.

 

Just an initial defence today

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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BankFodder

BankFodder

Posted
Posted

Well make sure that you engage closely with the thread. If DX doesn't come along today then we'll work something out together. It certainly sounds to me as if there are grounds for defending. You wouldn't have much to lose except you could be required to pay the reasonable costs of travel.

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trolley

trolley

Posted
  • Author
Posted

Will do, thank you.

 

I'm viewing it at the moment that I'll have to pay and if I don't it's a bonus. Rarely do I let others used my car now, not having this happen again.

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ericsbrother

ericsbrother

Posted
Posted

they havent provided details of the claim so where exactly did you acquire all of these tickets? if it was outrside your house then saying you werent the driver wont cut the mustard BUT the chances are that they dont have any rights ot enforce anyway.

 

You dont need reams of detail in your defence at the moment so just a couple of lines that go like

 

1. the defendant does not believe that the claimant has the authority by way of a contract with the landowner to enter into contracts and make civil claims in their own name.

 

2 in any case the sigange at the site is insufficient to offer terms for the defendant to consider and accept as a contract and to be bound by their terms.

 

3 The defendant denies being the driver on 4 out of 5 of the events in question and as there is no keeper liability created by the POFA 2012 and the claimant is stating they are pursuing the driver then it is put to strict proof as to who was driving at the time for each and all of the events.

 

You then have to pull your finger out and find the evidence that sits with this now,

so all of the paperwork and the dates it arrived at your home,

detail of the wheres and when,

pictures of the sigange and the entrance to the land and if it is a residential development we will need to knwo what the terms of the leases/tenancies are regarding parking and this is NOT what ther managing agents say but waht is down in the head lease

 

FAX this to court or use moneyclaim online and also fax

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trolley

trolley

Posted
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Posted

It's a road in the town centre behind a few shops. Cars are always parked there as the signs aren't visable unless you go quite a way down it. I found this out after I received the penalty notice. I took photos then too.

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BankFodder

BankFodder

Posted
Posted

I think there are some more substantial arguments than this.

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BankFodder

BankFodder

Posted
Posted

I'm in the middle of drafting something for you now – but is it my imagination or was this company recently banned once again from accessing the DVLA database?

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AndyOrch

AndyOrch

Posted
Posted
https://www.consumeractiongroup.co.uk/forum/showthread.php?486813-UKPC-banned-by-DVLA(2-Viewing)-nbsp

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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