Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

UKCPM/Gladstones PCN Claimform - Reflections - Old Church rd Romford Esx RM7 0BD **STRUCK OUT**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2014 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Dear all,

I wonder if anyone could help me please.

 

I received a letter from Gladstones Solicitors for a parking charge that was apparently dished out last year (16/04/2017).

 

They recently sent a letter before claim but the letter was not even signed and did not include any evidence of their claim, this being the case I just ignored it thinking they were taking the mick.

 

I have now just received a Claim form from the County court business centre.

 

To be fair it looks like a document someone created on their PC and photocopied... again unsigned by a Kirsty Ann Jenkinson.

 

The form is addressed to the keeper of the vehicle who has never visited the site at any time in their entire life.

 

They are claiming that £248.69 is owed.

 

I think this is ridiculous and feel like I should report them to the Police for attempting to gain funds via deception.

 

Is anyone able to offer any assistance please??

 

I'm not sure what I should do and I do not want the keeper of the vehicle to be held liable for a charge that is blatantly undue.

 

As far as I am aware, no contract has been made because the keeper has never visited the place where they claim the parking charge was issued.

 

It says "The driver of the vehicle xxxx xxx incurred the parking charge for breaching the terms of parking on the land. The defendant was driving the vehicle and/or is the Keeper of the vehicle.

 

I'm not sure what to do...

 

I would appreciate any assistance that could be offered.

 

Thank you kindly in advance,

Link to post
Share on other sites

  • Replies 165
  • Created
  • Last Reply

Top Posters In This Topic

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... 

Link to post
Share on other sites

its only a copy and paste jobbie of the q's to here and answering them....

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... 

Link to post
Share on other sites

Without naming anyone. Whilst you say that the keeper has never been there, has the vehicle itself been there? Or could this be a case of someone/something at the PPC misreading a registration number?

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

Link to post
Share on other sites

Ah great :)

 

Name of Claimant : UK CAR PARK MANAGEMENT LIMITED

 

Claimants Solicitors : Gladstones Solicitors Limited

 

Date of Issue 11 June 2018

 

Particulars of claim :

 

 

1.The driver of the vehicle registration XXXX XXX (the 'Vehicle') incurred the parking charge(s) on 16/07/2018 for breaching the terms of parking on the land at Reflections - Old Church road Romford Essex RM7 0BD

2.The defendant was driving the Vehicle and/or is the keeper of the vehicle.

 

3.AND THE CLAIMANT CLAIMS

£160 for Parking Charges / Damages and indemnity costs if applicable, together with the interest of £13.69 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgement at £0.04 per day.

 

The value of the claim is : Amount claimed £173.69

Court fee £25

Legal representative's cost £50

Total amount £248.69

 

I believe the claim has been issued by the Private parking company.

 

I have not received a Notice of Assignment.

 

Thank you kindly for your assistance!!

 

I would however note that the keeper of the vehicle has never in her whole life attended this address, they have not sent any evidence to show or support their claim and that this was apparently for something that occurred over a year a go and she has no recollection of this.

 

So I should now acknowledge service of the claim as instructed??

 

Kind regards,

Link to post
Share on other sites

pop up on the MCOL website detailed on the claimform.

.

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.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim)

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.

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... 

Link to post
Share on other sites

If they follow the protocols of the POFA they dont ahve to show that the keepr has done anything other than be respionsible for the car at the time. Now, the chances are they have got thier original paperwork wrong but as you dont ahve it we cant be certain.

 

 

So, yes acknowledge the claim and then you have another 3 weeks to submit a skeleton defence. That could include something about a lack of evidence of a cause for action but you should send Gladdys a CPR 31.14 request for documents now so you can include their lack of response in the defence. The template CPR 31.14 can be found in many threads, just tweak it to name you parking co and ask for their paperwork if it was never received.

 

 

I would however note that the keeper of the vehicle has never in her whole life attended this address, they have not sent any evidence to show or support their claim and that this was apparently for something that occurred over a year a go and she has no recollection of this.

 

So I should now acknowledge service of the claim as instructed??

 

Kind regards,

Link to post
Share on other sites

I'd be very surprised if anything at the site has changed. PPC's are notoriously slack when it comes to spending money, unless it's for harassing people for money.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

Link to post
Share on other sites

Google street view check the date at the bottom

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... 

Link to post
Share on other sites

The Terrace, High Legh Park Golf Club, Warrington Road, High Legh, Knutsford WA16 6AA

 

16/06/2018

 

 

Dear Sir or Madam,

 

Re: UK CAR PARK MANAGEMENT LIMITED v MRS ********* Claim no: XXXXXXXXX

 

Is this correct??

 

Thanks again :)

 

 

There is clearly no sign upon entry into the estate!!

 

 

How are you supposed to know that there is a enforcement active?? Snidey so and so's

Link to post
Share on other sites

Snidey so and so's

 

That's exactly how the whole business model works :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

Link to post
Share on other sites

Template removed we know what is says...

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... 

Link to post
Share on other sites

Unlawful poss but not illegal its not criminal cant be its civil..private land

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... 

Link to post
Share on other sites

It should be illegal, this is what I call obtaining funds via deception, I might go and lodge a complaint with the Police and ask them to be investigated for fraud

 

Alas, it probably won't get you anywhere as the system allows them to do it, in just the same way as you or I could do it. It's swings & roundabouts.

 

 

UKCPM have been spanked a few times in court and they've realised that it costs them an awful lot of money to lose a case. So if they take anyone in to an actual courtroom these days, they are 100% sure of themselves. Even then, they aren't guaranteed a win, UKCPM do tend to get things procedurally wrong, bless 'em. God loves a trier :lol:

 

 

It's much cheaper for them (£25 plus a bit of postage) to issue a claim and hope that it scares you to death and you break your neck falling over yourself trying to throw money at them.

 

If that doesn't work and they aren't absolutely positive that they're going to win (even if they don't), they tend to cut their losses and go on the hunt for the next sucker that will fall for it.

 

 

Replace UKPCM with the name of 99% of any other PPC. It's all the same... A numbers game.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

Link to post
Share on other sites

And replace PPC insert dca on any consumer credit claim

These co's combined issue 750'000 speculative claims each year

 

Numbers game

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... 

Link to post
Share on other sites

With contracts it all boils down to performance of contract.

You need to read about that and you will see the common example of me selling you London Bridge.

 

I can sell it to you even though I dont own it and if you agree to buy then I can sue you to get you to pay up.

It only goes wrong when you ask me for the deeds and I cant perform my part of the deal.

 

On the stock market most transactions are done without the person selling actually owning the shares, esp on things like futures and short selling.

They rely on taking a profit on a nominal number of shares and then but the ones necessary to fulfil any contract after the price has gne down thus making a profit on the deal without laying out money upfront.

 

Is it a licence to print money?

read up on Nelson Bunker Hunt and cornering the silver market.

 

No illegality involved as there is always an intent to honour the bargain.

that is what the parking co's will say,

they arent crooks because they believe they are right and are just incompetent and thick m'lud

Edited by dx100uk
spacing
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...