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    • Hello, Firstly, I am a few steps into this whole process so unfortunately I have missed out on the advice which states what I should have done initially. I am hoping I can still salvage my situation from this point. Facts- - I own the flat and the parking bay that comes with it. - The management company have hired a separate company (LinkParking) to manage the parking. - I have a permit for my car but my car was elsewhere which is why I couldn't give the permit to anyone else. - My girlfriend parked her car in my bay without a valid permit, instead we had a photocopy of the original permit- I realise this is where I went wrong but the original permit itself was printed on a piece of A4 paper AND when I bought the flat I was never told about requiring a permit and had issues with these guys before. Unfortunately we appealed to LinkParking with a substandard appeal (I realise this was substandard after reading through everything else on these forums). They of course denied it. We then appealed to IAS directly based on guidance from other websites, copy of the appeal is below- I was issued with a parking ticket on 20/12/2019 but I believe it was unfairly issued. I have responded to this notice and 'LinkParking' have denied my appeal and have requested I contact the IAS. I am writing to you as per Section 7.4.2 from the IPC Code of Practice and would therefore like appeal this notice on the following points The car was parked in my own car parking bay which I OWN. I was still unfairly issued with parking tickets. The lease agreement does not state that I require a permit to park in the bay as I own the property and the parking bay that comes with it as per the HM Land and Registry register. This lease has primacy of contract over any agreement the management company may have with LinkParking and therefore legally is invalid. The large sum demanded amounts to a penalty and/or is not an accurate reflection of any loss suffered so it is not a reasonable charge. The monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999. The contractual breach can have caused no financial loss whatever to LinkParking or to the land owner. Once again, the car was parked in my OWN bay and therefore did not cause damage to any third parties. The Parking Charge Notice constitutes an invoice for payment. Accordingly the invoiced charge must include an element of VAT. However, the parking charge notice does not state either a VAT registration number or an invoice reference number and so cannot constitute a lawfully valid demand for payment. Having examined the parking charge notice further I believe it is a non compliant demand for payment as the notice wrongly requires payment to be made “within” 28 days of issue which is contrary to statutory requirement that provides a period of 28 days from the date of receipt. As a sign of good faith, I had purchased a permit anyway to avoid any unnecessary hassle for both parties but have been issued a notice anyway which is unacceptable. I understand that LinkParking are appointed to monitor the car park to prevent trespassers and I agree with this but it seems it is the residents that are being 'ticketed' without good reason for parking in their own bay. I look forward to hearing from you. We have now received the following response today- The operator made their prima facie case on 27/01/2020 14:10:48. The operator reported that... The appellant was the driver The appellant was the keeper The operator is seeking keeper liability in accordance with PoFA.. A manual ticket was placed on the vehicle The ticket was issued on 29/12/2019 The charge is based in contract The Operator made the following comments... The appellant parked their vehicle on land we manage and incurred a charge as they were not displaying a valid permit. Our signs clearly advertise the terms of parking and the charges which apply if they are met. The appellant chose to display a very poor copy of one of our permits, it is a fraction of the size of a valid one. We are unsure why they chose to do this and to date we have not received an explanation. We do not have to prove any loss and invoice does not have to have a VAT number on it if the issuer is not VAT registered. Our PCNs have passed audits by the IPC and DVLA. In addition to this I have also looked through all my documentation with regards to any requirements to require displaying a permit in the contract and I can't find anything. I've owned the flat for almost 2 years now and I do not believe I was given any documentation which mentions this. I have also looked at the HM Land Registry document which doesn't state I need a permit and I believe this ties in with the Primacy of Contract (my law understanding isn't the best). I have also contacted the management company last week to request all information from them with regards to giving me copies of documentation which covers car parking, building services etc. so I have everything. What really annoys me is that I didn't cause anyone any damage AND I WAS PARKED IN MY OWN BAY!!! I really hope I haven't messed it up too much and this can be salved. Any help for a response is greatly appreciated! Thanks!
    • Yes DX, both come up as Cap 1, one a classic Card and the other a Mastercard. 
    • Now that you have the proof - I think its time to consider taking legal action against the Bank.  Remind me who made the decision at the FOS? Adjudicator or Ombudsman? 
    • I would be starting by sending Plusnet a SAR and gather all your data......one DD for two accounts...alarm bells ringing.   Andy
    • Its easier if you wait until you get the claimant's statement...then you can use this as a guide on the points they will rely on and then simply respond by refuting or agreeing or offering alternative argument.   Problem is they tend to leave it to the death and you dont have time..or they wait for yours first then counter your points.If they fail to serve a statement at all then thats a good sign that they are getting ready to discontinue the claim....   Here is an example...and I stress example ....no use to you apart from showing you the usual layout into and conclusion.   Witness statement Lob.pdf
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Firefly16

MMF claimform - old CFO PDL

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helping a friend out

 

she's being taken to court about a old cfo loan now mmf now lantern

 

we filed to say we fighting it and asked for all the info you need like credit agreement etc .

No response off them

 

defence needs to be in asap.

But not sure on this what we need to put

 

any help be great thanks

 

. P.s no payment ever been made

it's around 4yrs old and

 

also when first took loan out they just increased and increased without a payment in return she also lied about working but never checked.

Edited by dx100uk
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Please post up the claim form in pdf format.


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Also please fill this out


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I.ve only a phone so how do I do that

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Copy and paste the q's in the 2nd link here and answer each q

 

We dont need to see the claimform forget that


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Thread moved to Financial Legal Issues Forum ..please continue to post here to your thread.

 

Thread title amended

 

Regards

 

Andy


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

 

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

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I wouldn't have thought any DCA would have touched a CFO loan

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Hi sorry for late response not been well

 

put in defence as no paper work

also was irresponsible selling no credit checks where done or employer checks

 

letter came today saying client is proceeding with claim . m

 

Got defence of bailiffs debts and bills site she did .

 

What do she do now

it's lantern Drs limited now

 

so do I take it she needs to go to court

she's not well

has really bad morning sickness 24/7 H

 

Has aspergers so hates confrontation of any kind

she's panicking now.

Edited by dx100uk
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Please post a copy of the defence submitted.

 

 

Andy


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

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Please post a copy of the defence submitted.

 

 

Andy

1. The Defendant denies that he is indebted to the Claimant whether as alleged at all.

 

2. The Defendant contends that the Claimant is in breach of Rule 16.4(a) of the Civil Procedure Rules 1998 in that the Particulars of Claim do not set out a clear and concise statement of facts upon which they rely.

 

3. The Claimant has failed to identify or plead a date the cause of action allegedly accrued.

 

4. There are no details as to when the alleged default occurred, the degree of default, the Defendant contends that the pleadings are wholly inadequate and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and Civil Procedure Practice Direction 16.

 

5. The Claimant has failed to comply with Practice Direction 16 Pre Action Conduct in that it

a. Failed to set out the basis on which the claim is made;

b. Failed to provide a clear summary of the facts on which the claim is based;

c. Failed to detail what the claimant wants from the defendant;

d. Failed, if financial loss is claimed, provide an explanation of how the amount has been calculated;

e. Failed details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.

f. Failed to list those documents upon which the claimant intends to rely;

g. Failed to state the date by which the claimant considers it reasonable for a full response to be provided by the defendant;

h. Failed to afford the Defendant the opportunity of requesting copies of those documents prior to the filing of a Defence

i. Failed, knowing that the Defendant was unrepresented to refer the defendant to this Practice Direction particularly in respect of paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction;

j. Failed to warn the defendant that ignoring the letter before claim will lead to the claimant starting proceedings and may increase the defendant's liability for costs.

 

6. The Defendant denies receiving a Notice of Assignment pursuant to the Consumer Credit Act 1974 from either the claimant in respect of the alleged agreement, or the original creditors, and puts the Claimant to strict proof by providing a certified copy of said Notice as referred to in the Particulars of Claim.

 

7. The Particulars of Claim are lacking detail and do not identify any specific item, service or goods to which the Defendant is allegedly indebted nor do they specify when the alleged agreement was entered.

 

8. The Claimants claim form fails to adequately or even accurately set out the nature of the claim

 

9. The Defendant contends that the Claimant has failed to attach any documents to the Claim Form as required.

 

10. The Defendant demands by reason of the provisions of Civil Procedure Practice Direction 16 para 7.3 that the claimant does provide a certified copy of the alleged executed written Agreement referred to in the particulars of claim, as the Defendant does not recall signing such document.

 

11. The Defendant reserves the right to replead their Defence should the claimant replead its claim adequately.

 

12. The Defendant denies being served a Default Notice / Notice of Termination of Agreement pursuant to the Consumer Credit Act 1974 by the original creditor for the alleged agreement and puts the Claimant to strict proof by providing a copy of said Default Notice / Notice of Termination of Agreement as referred to in the Particulars of Claim.

 

13. Section 87 (1) of the Consumer Credit Act 1974 states as follows:-

a. (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

© to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e) to enforce any security.

 

14. The Defendant denies signing any agreement with the Claimant and demands the claimant provide a certified copy of the Deed of Assignment signed by the original creditor, the Defendant & the Claimant, as proof they have the right title and interest to pursue the alleged debt.

 

15. The Defendant demands that in accordance with s.136 (1) of the law of property act 1925, that the claimant do provide proof of absolute assignment, by providing a certified copy of the Deed of Assignment between the original creditor and the Claimant to show proof of complete transfer and ownership (all rights, title, interest, benefits and liabilities) and that they have the power to give good discharge pursuant to s.136 (1) © of the Law of Property Act. As referred to in the Particulars of Claim.

 

16. The Defendant avers that the Claimant’s pleadings are an abuse of process.

 

17. The Particulars do not identify any cause of action.

 

18. The Claimant is put to strict proof.

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Far far too much !!

 

why didnt you Use our std defence in any pdl claimform thread?


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What date did you file that?


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Far far too much !!

 

why didnt you Use our std defence in any pdl claimform thread?

I was ill she panicked, was told they was good to help, then they stopped helping her ,now they going ahead with the court case. No clue what to do now.

 

Far far too much !!

 

why didnt you Use our std defence in any pdl claimform thread?

 

Didn't know there was one sorry

 

What date did you file that?

 

30th June I think it was give or take a day

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Next move is theirs

They have 28days

 

I take it you've not yet received an n180?

Direction questionnaire?

From the court?


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No nothing yet

when she gets that come back for advise is it ,

 

what I do know is they put it on her credit file as a default pretty recently then they closed it so looks paid i don't understand that .

 

Thanks for the help by the way

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You need to get reading up on things..cag is self help too

 

When the OC sold the debt.

They default it, then mark it £0

There should be an entry from mmf showing the same defaulted date and the true bal


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You need to get reading up on things..cag is self help too

 

When the OC sold the debt.

They default it, then mark it £0

There should be an entry from mmf showing the same defaulted date and the true bal

 

Cfo never done a default on her credit file that much you can see but mmf did and month later marked it as closed which I find really weird .

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Nope only the oc can register a default

Not a debt buyer

 

Ignore the cal section if thats what you are looking means nothing


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Ok thanks I.ll wait on questionnaire and get back to you thanks again

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Right court papers arrived today saying it comes under small claims and if you want to do mediation to try and sort it also questionnaire to fill out. What should we do please

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N180?

 

Yes n180

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need to read up whilst you await things to happen

plenty of threads here

you should be doing that so you know what to do.

 

yes to mediation

yes to small claims track

State your local county court

1 wit you

the rest is obv

 

3 copies

1 for your file

1 to the court

1 to solicitors [you can omit sig/phone/email]


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Ok thanks will read up on things and if unsure of anything if it's ok I.ll ask you

Edited by dx100uk
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that's what we are here for...


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