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    • Hi,   Is anyone able to help with a refund for Pitman courses?   In 2017 I signed up for the Executive PA Diploma and completed a total of 3 modules, due to center opening times and closing at short notice which even saw me turning up at the center when it was closed, due to not being notified it would be shut.   I spent alot of money on this course and have to stress that it has left me in financial difficulty since, I did not complete the course also due to personal circumstances being a carer and having mental health issues. However on some given days I would be notified that the center was shut due to external exams.   Does anyone know about proceeding for a refund, I willing to take it down a legal route.    Please note I have contacted the franchise center and been told I will not be issued a refund by them, however I am due one.   Thanks  
    • Okay I have just started to write a draft to put together as defence:   In The County Court   Claim No: XXXXXXX Between XXXXXXXXXXX (Claimant) -and- XXXXXXXX (Defendant) ____________ DEFENCE ____________ 1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. 2. Based on the deficient Particulars of Claim, it is believed that the claim relates to a purported debt as the result of the issue of a Parking Charge Notice (PCN) to the driver of the vehicle XXXX XXX, parked at XXX. 3. It is admitted that the Defendant was the registered keeper of the vehicle in question, at the time of the alleged issuing of the Parking Charge Notice (PCN). 4. The Particulars of Claim does not state whether they believe the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the Particulars of Claim do not meet the requirements of Practice Direction 16 7.5 as there is no mention of anything which specifies how the terms were breached. 5. It is denied that: a) A contract was formed b) There was an agreement to pay a parking charge. c) That there were Terms and Conditions prominently displayed around the site. d) That in addition to the parking charge there was an agreement to pay additional and unspecified additional sums. e)The claimant company fully complied with their obligations within the British Parking Association Code of Practice of which they were member at the time. 6. The Defendant did not enter into any ‘agreement on the charge’, no consideration or communication took place between the parties and therefore no contract was established. 7. The Defendant denies that they would have agreed to pay the original demand of £100 to agree to the alleged contract had the terms and conditions of the contract been properly displayed and accessible. 8. Due to the sparseness of the Particulars of Claim, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct. 9. Further and in the alternative, it is denied that the claimant’s signage set out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.       Statement of Truth: I believe that the facts stated in this Defence are true. Name Signature Date     I need to add that there is no contract with the company, I am unable to confirm terms and conditions as you need to display the permit whilst using facilities on site, the car park in question is free,  the £60 fine was unlawful, the parking company have no proof of loss, they are abuse of process, I wasn't named as being the driver, I have no PCN or any of their solicitor until the claim form came through the post. 
    • scroll up to  ericsbrother post of February 10    a good start.   dx      
    • you have now said twice in posts you have been fined. that shows you haven't been reading up here on private parking claimform threads at all.   use our custom google search box that comes up after you hit our top squares logo.   type in   PCM Claimform.   theN READ as many threads as you can.   you should spot that when people file a defence  its one that has about 3 - 5 simple very basic short lines. and that is one that is applicable to the claimant and the type of parking claim in their poc they are making    you don't file early!!   you have 2 weeks to work this out   post it up here 1st please    
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
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megxx

NE Parking LTD Windscreeen PCN - Will they issue??

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Hello,

 

I have received a number of letters from DRP (the debt recovery company that NE Parking Ltd use).

 

My car was parked outside a hotel that has been closed down for over a year from 8-11pm at night.

 

put a ticket on the windscreen so far down that I didn't notice it was even there until 3 days later when I turned my wipers on to wash my windscreen.

 

The picture they included on the original letter shows my car but doesn't have the ticket on the screen in the window.

 

I have ignored about 6/7 letters from them and now have received a 'final settlement offer to avoid court action'.

 

Has anyone else got this far with them?

 

Do they actually issue in Court?

 

Thanks in advance.

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have you not bothered to read any of the parking threads?

you would then know that nearly everyone gets at least this far if they have ignored the previous letter.

 

Do people get taken to court? Yes, and if they have a decent defence they beat the claim.

The truth is that the parking co's rarely get it right and therefore you only owe them money if you do your bit wrong.

 

Now, the fact the hotel was closed down means nothing if they signed a deal with the landowner and they still own the land.

Again, yo need to look at things very carefully

 

Now start a new thread and tell us what we ask for on the other thread here and we can help you.

Jumping in on someone else's thread only causes confusion as it is not the same issue

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Hello,

 

 

I have received a number of letters from DRP (the debt recovery company that NE Parking use).

 

 

The car was parked outside a hotel that has been closed down for over a year from 8-11pm at night. The put a ticket on the windscreen so far down I didn't even notice it until a few days later when I used my wipers to wash the windscreen.

the initial letter I received showed a picture of the car but with no penalty ticket attached.

 

 

I have ignored about 6/7 letters from them and now have received a 'final settlement to avoid court action'.

 

 

Has anyone else got this far with them and them actually issued to court?

If so - shall I just pay it now or wait and see? And if they do issue, can I appeal it?

 

 

Thanks.

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Hello and welcome to CAG.

 

Normally if you're hearing from DR+ you're at the end of the process, but to help us advise you could you post up the questions from the forum sticky and your answers please?

 

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

 

Best, HB


Illegitimi non carborundum

 

 

 

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1 The date of infringement? 18.11.2017

 

2 Have you yet appealed to the parking company yet? [Y/N?] No

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload

 

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? Yes (NTK) [must be received by you between 29-56 days]

what date is on it 12th January 2018

Did the NTK provide photographic evidence? Yes - images of the car but no ticket on the windscreen is visible ont he images

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] No

 

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? NE Parking Ltd

 

6. where exactly [Carpark name and town] did you park? Blackpool - a closed down Hotel FY4

......................... ....

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sorry we need to know EXACTLY where it was so we can look it up, so street, building number, postcode etc and where it was in relation to the entrance from the public highway - ie in a rear car park, on the forecourt? What sort of lighting was there?

 

Is it local to you, if so can you get down there and take some pictures of the signage, the entrance to the land frokm the road andd any associated signs and also where you parked so we can see if there were signs clearly visible at the correct height etc.

Can you post up the NTK with your personal details redacted? Thyat will tell us whether they have a chance of chasing you as the keeper or not.

 

Lastly dca's have no interest or powers whatsoever and can do nothing except send out the scary letters they are paid to send have you noticed they added a few quid to the aprking charge to line their own pockets? They have no lawful authority to do this and they know it but they all try it on as most people are ignorant of this fact.

 

Do not respond to them, no popint as they dont call the shots. Get the info we ask for and we will suggest a letter to send to NE parking.

Edited by honeybee13
Paras

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It was Sinatra's Hotel - 8 Clifton Drive Blackpool FY4 1NX. It was on the forecourt outside. It was dark when I parked it around 8:30/9pm so no lighting at all.

 

Yes it is local to me. I have attached images of the letter although not the best of quality.

 

Thanks for your help.

IMG_1647.jpg

IMG_1649.jpg

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I'm sorry, jpegs are too small for us to view or zoom into. Could you resave your mages as pdf files and put them into one pdf file to make them easy for the guys to read please? Our upload guide will help you.

 

HB


Illegitimi non carborundum

 

 

 

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Hi megxx we cannot answer whether they will take you to Court or not. This company is pretty new and so far appear to only have taken about 10% of motorists to Court out of the total tickets issued.The majority of non payers do not go to Court and if properly defended the parking companies usually lose.

 

To help with your defence could you please send photos of their parking notices on site preferably at night so we can see how noticeable they are. It is good that you have not contacted them as that invariably means that you identify who the driver was which makes their job easier. The Court has to know whether you are being taken to Court as the driver or the keeper-if NE don't know they could fail on that point alone if it went to Court. On top of that they are demanding too much money as they are limited to the amount stated on their notice at the hotel [under POFA}and cannot add money on for their unregulated debt collectors. If they haven't mentioned POFA they cannot take you to Court as the keeper.

 

In the meantime please check with the local council to see if the have planning permission to erect signs under the Town and Country advertising regulations. If they haven't their notices are probably illegal which gets you off straight away.

Edited by honeybee13
Paras

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then pictures of the place including good close ups of the signs.

You are miles away from a court claim, they cant even send you a letter yet!

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