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    • 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 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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sassylassy75

CP+ ANPR PCN - Roadchef carpark Rownhams services Southampton 2/2/18 - Now DR+ DCA

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Hello all,

Thanks for allowing me here to post.

I have just received today in the post a forwarded letter from DRP Debt recovery Plus ltd. I have been living permanantly in France for over 6 months. The letter refers to a

Notice of Intended Court Action re an alleged unpaid parking fine on 2/2/18 at Roadchef Rownhams South (the motorway services in Southampton). Apparently, the driver remembers he stayed more than the free 2 hrs - just didnt think to get a ticket or mention it to me. GGGRRR.

 

The vehicle was registered to me, but not driven by me on this date, and I had no knowledge of anything till this letter arrived today.

They (DRP) state they sent me a letter on 10/4/18 (to my old address in UK) where I ceased to live since September. (forgot to tell DVLA).

They want me to pay £120.

Do I have to pay it?

Should I contact them?

Should I send them a letter at all?

 

Did have a look on Money Saving Expert but its very complicated and I didnt really understand. getting old, you know.

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Hello and welcome to CAG. I doubt if we're going to tell you to pay this, don't worry. :)

 

Could you post up the questions from the forum sticky with your answers please? It will help us to advise you.

 

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

 

Best, HB


Illegitimi non carborundum

 

 

 

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read it properly

doesn't say FINE anywhere..if you are this far down the line

it might be better to simply continue to ignore them

until/unless you get a solicitors letter of claim


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Never pay a dca, especially when they ask for more money than the contractual sum they are supposed to collect.

We would need to see the NTK they sent originally to determine whether the the PARKING CO stand a cat in hell's chance of chasing you for the money.

Once we know the full detaisl we will probably suggest that you give them your address in France and suggest that they will lose a fortune dragging you back across the channel for this because they will lose anyway.

 

We keep advising people to make sure they update addresses, use post forwarding etc but still we see a large number of posts that are complcated by these things. The parking co's take advantage of the situation once they get one of their letters sent back RTS and that then takes time and money to undo their wickedness

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hello both, thanks for replies - I had to go lie down for a while, my heart was thumping and Ive had an awful day and came home to this letter.

 

The offence took place in the Roadchef carpark at Rownhams South services in Southampton on 2/2/18.

The Parking Company is CP Plus Ltd, and the debt recovery letter is from DRP Ltd.

 

My husband was driving a vehicle registered in my name and meeting the prospective new purchaser.

The vehicle was sold and the logbook changed that day.

 

Ive never received any earlier correspondence regarding this matter, as I no longer live in the UK registered address.

So - no Notice to keeper letter has been received.

Ive entered into NO correspondence with them.

 

The people who bought our house passed this unopened letter to our then solicitors who posted it onto me here in France.

 

I have no idea what was on the NTK letter (if there was one) or what evidence they have.

They say in this letter they sent a letter on 10/4/18, but I have no knowledge of such a letter.

 

This letter certainly makes no mention of the PoFA Act or Data Protection or GDPR or anything.

They want me to pay the unpaid parking charge of £120 by 9/5/18 or else they will pass their file back to their client with a recommendation to take further action against me.

Edited by dx100uk
Paras spacing

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Hello there.

 

This letter really isn't worth getting upset about, you're going to be OK. Just do what the guys here suggest. :)

 

HB


Illegitimi non carborundum

 

 

 

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Thank you all. Didnt sleep a wink last night.

So, because of daftie's stupidity Im going to curtail his beer activity for a week as punishment. Thanks guys.

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now write one short simple letter informing CP+ of your current address


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you need to protect again a backdoor CCJ to the old address.


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

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post 8

that's all

inc the PCN ref no.

nothing more


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.

 

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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Sorry, Im obviously incredibly stupid.

Do you mean there is a template on POST 8 (8th post down in the list) or sticky?

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Sorry, looked again at the 8th post in the list and on the stickies (no 8).

Baffled.

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dx is suggesting a short letter, I imagine something along the lines of..

 

Dear xxx

 

[Heading] - their reference

 

I wish to advise you that my address with immediate effect is

 

[your current address]

 

Yours faithfully/sincerely

 

I expect dx will advise if he thinks anything else should go in.

 

HB

Edited by honeybee13
Addition

Illegitimi non carborundum

 

 

 

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I know what dx100uk is getting at here. And it's for you to have a bit of a giggle at CP+'s expense.

 

As you both now live in France, you can, with impunity, tell them your address and even who was driving if you wanted to (as he lives in France as well).

 

 

CP+ would have the right (if they wanted) to take you to County Court, but that would be a bit of a problem for them.

 

Normally, any case brought against you would be transferred to your local court. But that's not going to happen because you live in France. So, CP+, if they have your current French address, can issue proceedings in their local court, but you have the right to defend yourself in any case brought against you.

 

If they decided to go down the court route and lost (which is far more likely than they like to admit) they would then be lumbered with a bill for ALL of your reasonable expenses. Which could include air or tunnel fares, fuel, hotel accommodation etc etc. And there's not a chance in hell that they're going to take that risk.

 

Here's the letter I'd send to call their bluff.

 

 

Dear CP+

 

Ref PCN No: xxxxxxxxxxxxxxxx

 

Since XX/XX/XXXX I have been living in France, the vehicle was only in the UK as the driver was visiting friends.

 

Here is my current address for any further correspondence.

 

French Address

 

Any further communication regarding this matter should be addressed to me at the above address.

 

If you want to proceed beyond empty threats and take me to court, you should be aware that I will be claiming for all of my expenses incurred with regards my travel to the UK to fully defend the matter.

 

 

Signed

 

Keeper.


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aw someone sussed me....dx


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

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So, I have had a response.

 

Letter says

"Thank you for your communication regarding the PCN.

The time to challenge the charge has now expired and therefore access to an Independent Appeals Service is no longer available.

However, if you would like to discuss your communication with one of our operatives, please telephone XXXXXX.

Alternatively, the outstanding balance of £120.00 can be paid using the options on the bck of this letter.

 

Please note that any correspondence that does not provide further evidence will be noted and retained. I cannot guarantee that we will provide a response"

 

So, ignore?

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good so they've now physically written to your address in france?


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

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Please note that any correspondence that does not provide further evidence will be noted and retained. I cannot guarantee that we will provide a response"

 

I'd write back once more and say...

 

Ref: PCN #######

 

Dear CP+

 

Thank you for your letter dated XX/XX/XXXX saying that any further comment would be noted.

 

I would therefore refer you to the response given in Arkell v Pressdram.

 

 

 

No name, no signature, no nothing :lol:


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:nono::nono:

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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So, yes, they have physically written to me in France.

And do I answer, and if so, ?

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nope nothing more needs to be done. post 17 applies


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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