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    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
    • RE: EC261 Compensation   It's normal they won't have asked you to contact them . Your initial rescheduling was obviously done by a bot - and there was no human to notice the mistake, as far as the bot knew your scheduling was perfectly normal so there was no need to ask you to contact them.   As long as that was done 2 weeks in advance the carrier's liability to notify you is fulfilled.   (You could have contacted them there and pointed out that the new schedule was impossible. Unfortunately you didn't. Claiming you didn't notice is not likely to work in your favor)   The bot who sent you the 24h confirmation didn't notice the mistake either, obviously.   At some point a human or another bot finally identified the problem and that's when they called you. As far as they are concerned neither you nor them had noticed the scheduling mistake and they took it on them to notify you so you don't have a bad surprise when you try and check in.   However as far as I know, neither flight was delayed or cancelled. You could have taken both flights, if you had the power to be in two places at the same time.   So I don't think there is any scope to claim for EC261. But claim forms are free so feel free to try.     Then, you can certainly make an old fashioned claim (directly to BA)   What could perhaps play in your favor:   It's the carrier's responsibility to ensure that they don't sell you a ticket where the flyer cannot meet the minimum connection time or MCT.   This situation mostly applies to situations where the flyer doesn't know and gets caught. For example say you connect at LHR and you are given 35 minutes to connect. This may look just fine to an unsuspecting tourist, but in reality there is practically zero chance to make the connection, therefore the airline is liable here for selling you this ticket resulting in you missing your connection   In your case though it could be argued that even an unsuspecting tourist should be able to tell that it is not possible for them to depart 5 minutes prior to disembarking and therefore that you should have checked your notification more carefully.   The fact that the bot allowed such a glaring mistake to happen is certainly an argument in your favour shall you decide to make a complaint.     What doesn't play in your favor:   The airline obviously did their best to get you to your destination as soon as they noticed their mistake. They offered you more than one alternative (the first alternative would have got you in time at your destination, but you declined) and you then accepted another alternative, and fully travelled the ticket. That is a very strong position for them.     What did you lose and what do you intend to claim for?   You took the overnight connection so obviously you had to stay at an airport hotel. Is that correct? Did you keep the receipt for your hotel and meals?   You certainly should have asked them on the phone when negotiating your re-route that they provide a hotel. Within 20hrs of the flight it's something they would most probably not have denied to you (but airlines will generally avoid offering off the bat. Why lose money when a customer is just going to roll with it and pay for their own stay anyway, right?). After the fact it's going to be a lot more difficult to claim.   I do certainly think it would be reasonable to try and write them a polite but firm letter to claim for that. Not 700 euros, not damages and hardship and all that jazz, just the extra expense you incurred following a scheduling mistake that they made (that should have never happened) and that they didn't notice until way too late in the day , with your categorical inability to leave 3 hours earlier (you had very important business meetings or something critical, it certainly wasn't just convenience) and the extra costs incurred, and asking that they kindly provide compensation for the hotel and meals, which you feel it was their duty to offer you and you are politely disappointed that they didn't, and thafully you happen to have kept all the receipts. Put Alex Cruz on copy for good measure.   No guarantee but I feel it has a fair chance of success. Most probably you will be offered a heap of Avios instead of cash. It's then up for you to decide whether you want to accept that. Personally I wouldn't bother going further, but that's just me. See if anyone here disagrees, and do let us know what you decide and keep in touch with how it went.            
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UKCPM/gladstones Windscreen PCN Claimform - Vista Centre, Salisbury Rd, Hounslow TW4 6JQ ** Claim Dismissed**


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hello all,

 

In light of the current pandemic event, and having some free time i have:

  1. reviewed other witness statements
  2. Prepared my own witness statement

I suppose my court date in May 2020 will be postponed.

I have not received UKCPM/Gladstones' WS and I imagined that the court will extend the required submittal time.

 

What do you think?

Should I upload my WS for your review?

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Yes, there's no harm in posting a draft up.

 

Obviously be prepared to change it in order to demolish the load of rubbish that UKCPM/Gladdys will send.

 

Have you informed the fleecers that you've moved?

We could do with some help from you.

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dont assume the court date has been abandoned and the protagonists still have to do their paperwork in time. If they dont you should be onto that and ask the court to dismiss the claim.

Most cases are being dealt with remotely so conference calls etc and that makes the need for good paperwork essential

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Noted! 

I'll contact the courts tomorrow (Tuesday 14th Aprill 2020) following with the bank holiday.

 

Please find attached my Draft Witness Statement.

 

Witness Statement points/queries:

  1. Items in Red and yellow are  points for me to review when I receive UKCPM's statement and/or amend the appendix reference.
  2. In point 34, i'm referencing this so called £19 ph for LiP (litigation in Person), where is this amount stated? Can I get more for taking time off work? My hourly rate is higher than this.
  3. Regarding point 24, there seems to be two CPR 1998 - why is this? I have seen references to 44.3 (2), mentioning disproportionate costs, which has been mentioned in all WS that i've seen. I would like to ensure I attach/reference the correct version.
  • CPR - Rules and Directions (this contains the correct reference to 44.3 (2))

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs#rule44.3

 

  • CPR - Rules and Directions 1998 (this contains a slightly different reference to 44.4 (2))

https://www.legislation.gov.uk/uksi/1998/3132/article/44.4/made

 

Breakdown of UKCPM's claim

From the court claim form UKCPM are claiming the following:

  • Amount claimed: £180.18 [£100 for PCN, £60 Contractual costs, £20.18 as per County courts act 1984]
  • Court fee: £25
  • Legal representative costs: £50

Witness Statement - Draft.pdf

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your defence:

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

 

1.    A parking ticket was purchased. The alleged "breach" must have taken place just as the defendant was returning to the vehicle. Following the BPA Code of Practice, a MINIMUM grace period of 10 minutes is permitted. The defendant did not exceed this grace period.

 

2.    The defendant does not believe that the claimant has locus standi in this matter as they have failed to produce a contract between themselves and the landowner that assigns the right to enter into contracts with the public and to make civil claims in their own name.

 

3.    In any case no contract exists between the claimant and the defendant due to the paucity of the signage at the site that offers the supposed contract.

 

 

in your ws you have missed...

 

I an the registered keeper of vehicle reg no. etc.

 

and about the grace period.

 

you have an awful lot of unnecessary waffle in it too.

 

I would focus on the above and the contract..

 

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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Think they are twisting beavis beyond its limits in Point 6

We could do with some help from you.

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Below is the IPC Code of Conduct regarding Grace Periods which is at odds with Gladstones letter to you on post 38-

file:///C:/Users/User/Downloads/Gladstone 05-August (1).pdf

 

15. Grace Periods

15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site.

15.2 Drivers should be allowed a sufficient amount of time to leave a site after a pre-paid or permitted period of parking has expired.

The reason that Gladstones did not understand why you quoted the grace period to them is that you hoped that despite the fact that they are p**s poor solicitors they could at least read and understand the contents of 15.2 of the IPD Code of Conduct. Sadly not. On the upside is their stupidity in continuing this charade means you could be in line for a few hundred pounds for a breach of your GDPR.

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It is not too difficult to have a go at their WS.

On number 3 of their WS they state you are liable to pay  when they do not have planning permission from the Council under Town and Country [Advertisements] regulations 2007. This is illegal and as such their signs should not be there and so no contract can be formed. It is also a breach of the IPC Code of Conduct and should mean that they should not be granted access to DVLA data.

number 4 is misdirecting the Court since the second part of their grace periods says-Drivers should be allowed a sufficient amount of time to leave a site after a pre-paid or permitted period of parking has expired.

 5 is totally out of order. The only way that they could ascertain that motorists are reading the signs would be if they had a camera recording  each and every sign  24 hours a day and even then they would be unable to identify any driver unless they tracked all of them from every car.  They also have no idea how close you were to arriving back at your car as they don't know which direction you would be coming from nor what you looked like. In addition, you could have been in the photo and they have photoshopped it.

6  despite stating in their CPR  that they would not mention their contract with the land owner so they would not need to provide you with the contract, they did aver that they did have a contract but have not produced it. So as they cannot now produce the contract in Court  that may well indicate there is a problem with it or it has lapsed.

9 they say they were offered the use of the land but the terms and conditions have not been shown so cannot now be produced. The last sentence is gobbledegook.

11 This flies in the face of the IPC CoP

"   1. Establishing Yourself as the ‘Creditor’.

1.1 If you operate parking management activities on land which is not owned by you, you must supply us with written authority from the land owner sufficient to establish you as the ‘Creditor’ within the meaning of the Protection of Freedoms Act 2012 (where applicable) and in any event to establish you as a person who is able to recover parking charges."                         By not producing  the contract they are calling in to doubt their adherence to the CoP yet again.

13 The Court should conclude that not supplying the contract under CPR the case should be dismissed.

 

Also make sure that the plan of where they say the signs and cameras are placed matches where you saw them. You want the Judge to doubt the accuracy of their WS. Ideally you want ukpcm too realise that they do not want to appear in Court with you as they will lose. 

That saves you going to Court but still get a result.

 

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Hello all,

 

thank you for your comments/input.

I have amended my witness statement for your review. Please see attached

 

I have remove a lot of text. I have also added new items coloured in red. This might be waffle or new legal references - i hope you might think it's relevant.

Thank you in advance.

Witness Statement - Draft - Rev01.pdf

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Looks damn good to me.

 

In 17 add that not obtaining planning permission is a criminal offence and therefore no contract could be formed.

 

I would slightly beef up point 30 and/or 31 as you're going for full costs, and quickly summarise again all their unreasonable behaviour: issuing a ticket when you were within the grace period; adding fictitious sums to get round the small claims court costs limit; generally abusing the court procedure to bully you into paying rather than using the procedure to recover a genuine debt; etc. 

 

As you still have a couple of days to send it in, hang fire till Ericsbrother comes on, he has vast experience with these issues.

We could do with some help from you.

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Thank you @FTMDave,

 

Do you have the reference of legal defence that I can use to claim lack of planning permission is a criminal offense?

From what I understand it's to do with the advertising/ placement of signage.

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The general legal principle is that you can't enforce an illegal contract.  So if I promise to pay you money to murder someone for me, and after the killing I don't give you the cash, you can't sue me because the original contract between us was illegal.

 

I've done some digging now and found  http://www.legislation.gov.uk/uksi/2007/783/schedule/3/made  but I'm not 100% sure it's the right legislation.                                   

 

 

We could do with some help from you.

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A funny thing about planning law is that it is statute law but there are no real penalties for breaking them. If you spit on the pavement then you get fined a sum that is set in a list of fines that is updated regularly but with this it is for the council to enforce and often they dont. That doesnt change the law or make it unenforceable becasue the council can make all commercial activity on the site cease for breach of siad planning and that will severly hurt the parking cowboys employers.

I have used this to get Sainsburys to change their minds on several occasions as having a supermarket shut down because they cant be bothered to ensure that their servants play nicely isnt somehting they want to risk despite their earler trotting out of the usual " you have to take it up with the parking co" rubbish.

Nottingham Council did start to enforce on a retail park when PE said they werent going to behave and they soon got a kicking from the landlord.

It is all down to the determination of someone  at the council but the law is there all the same.

the correct term is "criminal compact" so look it up and you will see that it is all down to the ability to create a contract (or not) in the first place.

 

 

 

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Yes, just send them a two-line letter with their reference and informing them of your new address.

 

You should do this with anyone you could be in dispute with.  If you look for "Backdoor CCJ" in thread titles you'll see how many times people get caught out when moving. 

We could do with some help from you.

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Court papers are usually NOT forwarded, they get sent back, then the fleecers get an undefended Default CCJ.

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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 OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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anyone on your credit file that shows a debt or any debt you've left within say 7yrs

also dvla re driving licence and V5C

 

make sure the court is aware too.

update address on mcol

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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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ok all - 

 

I've completed my final WS (witness statement) - Please see attached.

 

It's due at the court tomorrow (wed 22nd April), but I will post in the morning.

In another discussion, I understand that should be ok.

 

Please note:

I did not add the reference for the illegal contract being a criminal offence, as I could not find the correct reference.

I'm quite happy with the the document as it stands.

Witness Statement - Draft - Rev02.pdf

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Looks OK , just let the others have a look.

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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ok @brassnecked.

 

The WS is due today.

 

I've prepared 3 copies for the

  • Court,
  • Gladstones
  • and myself.

 

However, the court is suspended for staff and the public (obviously due to COVID-19) - I was planning on leaving it at the court, but that's not possible.

 

I suppose I should just carry on as usual. I'll have to post them at lunch as i'm working from home and it's the only chance i'll get.

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  • dx100uk changed the title to UKCPM/gladstones Windscreen PCN Claimform - Vista Centre, Salisbury Rd, Hounslow TW4 6JQ ** Claim Dismissed**
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