Jump to content


  • Tweets

  • Posts

    • see***   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 -  *** for the minute hang fire on doing AOS on MCOL until andyorch advises if/if not you question jurisdiction please   you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. ..  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/   CHANGE the list of documents too: Original signed finance agreement together with the terms and conditions IN ENGLISH Any notice of change in account terms and conditions that were ever issued since credit approval Any notice of default or UAE equivalent that was issued by the original creditor All and every statement of the account including how any interest has been calculated. Proof that UAE Court Judgement has already been gained upon said debt. Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and /or issue court proceedings concerning a UAE debt. The UAE is not a 'member state' . . . 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]      
    • thanks. but, where shall i get a copy of this agreement/ guarantee. who shall i contact the claimant.
    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
  • Our picks

deks36

Parking Eye- Mayflower terminal short stay southampton ** PE Folded at POPLA **

style="text-align:center;"> Please note that this topic has not had any new posts for the last 486 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi Guys Ive made the mistake before of ignoring a PCN so this time I intend to respond properly.

 

I received a notice in the post today received by one of my taxi drivers who failed to mention to me that he went into the car park or that the ticket machine wasn't working

 

on questioning today when i received the PCN he said the person he spoke to had no clue as to what he should do..

 

the car is 140 miles away from my location and its unlikely I will be going that way anytime soon..

 

1 Date of the infringement 28/5/18

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 07/07/18

 

3 Date received 11/07/18

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] no

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? {y/n?] post up your appeal] No

 

Have you had a response? [Y/N?]

 

7 Who is the parking company?parkingeye

 

8. Where exactly [carpark name and town] Mayflower terminal short stay southampton

 

the reverse of the PCN states"

 

" We originally wrote to the registered keeper of the vehicle whose details were held by the DVLA at the time of the event and they informed us that you were responsible at the time of the parking event"

 

I am now and have been since June 2016 the registered keeper and owner of the vehicle.

 

I have not made any representation to them or anyone else about the this event or any other event as to who was the owner or driver of the vehicle at any time

Edited by dx100uk
Spacing

Share this post


Link to post
Share on other sites

Is this car park on the port itself?


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

Share this post


Link to post
Share on other sites

I believe so. PCN gives no actual address but on the basis Mayflower is the terminal in the port and the drivers comments I would say it is in the port

Share this post


Link to post
Share on other sites

Did they address you by name? Or as the RK?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

the PCN is addressed to me at my home address

Share this post


Link to post
Share on other sites
the PCN is addressed to me at my home address

 

 

Oh dear..... Not good...


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

oh

 

does the time lapse from event to letter sent not count?

 

I am the registered keeper and they claim to have already contacted me to be advised I was responsible for the vehicle at the time which is amusing in itself.

its taken 40 days for a letter to be sent to me

 

...

Share this post


Link to post
Share on other sites

Sorry, they only know your name as the RK and NOT the driver yes?

 

 

If so then their is no keeper liability as they are out of time, going by the dates you've posted.

 

 

But the experts will advise on your next step.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

yes the letter is address to me a the registered keeper and not as the driver as I wasn't

thanks for your input

Share this post


Link to post
Share on other sites

Awesome..... I don't think you'll have any issue with these clowns.... :thumb:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

Hang on folks...

 

I have a vague recollection of ParkingLie losing a case and being told in no uncertain terms not to bring any further cases for Port Authority land. Can anyone else remember it?

 

 

If I'm right and if this car park is inside the port gates, it will have its own byelaws and will not be relevant land for the purposes of the POFA and therefore there is no keeper liability. Only the Port Authority can take action, it's naff all to do with ParkingLie.


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

Share this post


Link to post
Share on other sites

Looking at GSV, this is most definitely inside the port :|


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

Share this post


Link to post
Share on other sites

Found it on Parking Pranksters site... Click here

  • Haha 1

We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

Share this post


Link to post
Share on other sites

Oh wonderful!! :thumb:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

One to keep under your hat for now. This is a previous POPLOL decision on Town Quay, Southampton. Which is also ABP land and is covered by exactly the same byelaws. The last paragraph is the important one for this case (highlighted).

 

 

POPLA Appeal Allowed 21st May 2015 (POPLA Reference 6060755093)

 

It is the Operator's case that their Terms and Conditions of parking ("the Terms") are clearly displayed throughout the above named site. They submit the Appellant breached the Terms by failing to purchase the appropriate parking time and therefore is liable to pay the parking charge.

 

The Appellant has made several very strong submissions however it is only necessary to consider determine one area of dispute for the purposes of this appeal. This is the submission that the Operator has no authority from the Landowner to issue parking charges on the land.

 

The Operator has not provided a copy of a contract between themselves and the Landowner which authorises them to operate at the site and to issue parking charges on the Landowner's behalf; nor have they provided a signed witness statement confirming the existence of such a contract. Therefore, I cannot find the parking charge to be enforceable by the Operator in this case.

 

I think it is important to add that I also accept the Appellant's submission that the land is not 'relevant land' for the purposes of the Protection of Freedoms Act 2012 ("POFA") because this was their main submission. I find that the land is subject to statutory control for the reasons given by the Appellant and therefore, by virtue of paragraph 3(1)© of Schedule 4 of POFA, the Operator has no right to recover under POFA.

 

Accordingly, I allow the appeal.

 

Ricky Powell

Assessor


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

Share this post


Link to post
Share on other sites

thanks guys.. really appreciate the advice.

 

Now to work on my appeal to PE and then no doubt ultimately POPLA

 

I doubt this is relevant but ill mention it

 

on the 18/6/18 I removed the cherished plate from this vehicle to which this letter applies and replaced it with its original registration

 

so from that I can deduce wrongly or rightly that PE must have got the details prior to this date

 

I dont know if this has any relevance or not but worth a mention if it makes my task easier

Share this post


Link to post
Share on other sites

For ParkingLie. I would go something along the lines of...

 

 

Dear Shysters

 

I write with reference to your Notice to Keeper No: XXXXXXXXXXX.

 

Nice try, but as you are well aware, the Mayflower Terminal (Southampton Docks) is not relevant land for the purposes of the Protection of Freedoms Act 2012, and as such there is no keeper liability to Parking Eye or anyone else.

 

I now expect a reply to say that you are dropping the matter and an apology for having had the impudence to waste my time, and don't think that I'll accept any baloney about it being a "Gesture of Goodwill" either, or a valid POPLA code.

 

 

Print you name

Recorded Keeper

Do not actually sign it.

 

 

You do not need to be polite to these clowns!

 

 

 

Keep your powder dry on anything else at the moment. All you want is either a withdrawal or a POPLOL code :thumb:


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

Share this post


Link to post
Share on other sites

agree with DF, if no ticket slapped on vehicle they are trying to misuse the various protocols of the POFA to try and make you think their wording actually is correct when it isnt.

 

they have screwed up and are now telling porkies because they want someone to pay, even if it is not the right person. let them know they have been rumbled (without giving all the details of your next move)

 

they will either have to drop the matter because they know they have been rumbled or waste money on it when they know a decent appeal will beat the claim and cost them more money.

Edited by DragonFly1967
Added spacing/paras

Share this post


Link to post
Share on other sites

UPdate from parking eye

 

as probably expected my appeal to them was unsuccessful so I know have my code for popla

 

I wonder if I might ask how I should word the appeal

 

I am the vehicles registered keeper I was not the driver and nor have I named the driver.

 

the event was on the 28th May it was a payment required car park but driver didn't make payment as machine was broken (I am unable to say if other machines exist on site)

 

notification received 7/7/18 on the reverse of the notification is a lie that says they contacted the registered keeper from records held by DVLA and the registered keeper said I was responsible for vehicle(I am the registered keeper)

 

the way I have read the comments above is I need to make the point of the elapsed timescale, the lie on the reverse, the ticket machine not working according to driver, and possible address the comment above about PE being told to not bring any more cases due to byelaws on the port property though not sure if thats relevant to appeal to popla

Share this post


Link to post
Share on other sites

What did you put in your appeal to ParkingLie?

 

 

The grounds for your POPLOL appeal are fairly straightforward. The ticket machine (working or not) and everything else is irrelevant. The port (and any part of it) is not "Relevant land" for the purposes of the POFA 2012. And therefore there is no keeper liability.

 

Point them towards previous POPLOL decisions, one posted above, there are others for the same place, to backup your claim.

 

 

Ultimately, it doesn't matter what POPLOL say, it's only binding on ParkingLie. So ParkingLie would have to take you to court to get any money out of you, and if they did that, they will lose!


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

Share this post


Link to post
Share on other sites

in my appeal I stated there would be no admission to who was driving on the date in question. I said the NTK was to late to meet pofa requirements

Share this post


Link to post
Share on other sites

Should have gone with my suggestion. Then ParkingLie would be in no doubt as to the fact that they're on to a loser.

 

But, no matter. POPLOL it is then. Just make sure that you hammer home the point about there being no keeper liability. Forget dates etc, they aren't important. Just the fact that it is not "Relevant Land" and quote previous POPLOL cases where they have decided on or agreed with this point.


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

Share this post


Link to post
Share on other sites

you must quote the cases and provide a precis of that determination, not just say Bloggs and CEL for example. the parking co will get to see your evidence but you wont get to see theirs so raise the points clearly and even if they dotn allow your appeal you will have it in writing that PE KNOW that they are barking up the wrong tree if they still wish to pursue the matter

Share this post


Link to post
Share on other sites
what did you put in your appeal to parkinglie?

 

 

The grounds for your poplol appeal are fairly straightforward. The ticket machine (working or not) and everything else is irrelevant. The port (and any part of it) is not "relevant land" for the purposes of the pofa 2012. And therefore there is no keeper liability.

 

Point them towards previous poplol decisions, one posted above, there are others for the same place, to backup your claim.

 

 

Ultimately, it doesn't matter what poplol say, it's only binding on parkinglie. So parkinglie would have to take you to court to get any money out of you, and if they did that, they will lose!

 

and thank you for your advice

Share this post


Link to post
Share on other sites
you must quote the cases and provide a precis of that determination, not just say Bloggs and CEL for example. the parking co will get to see your evidence but you wont get to see theirs so raise the points clearly and even if they dotn allow your appeal you will have it in writing that PE KNOW that they are barking up the wrong tree if they still wish to pursue the matter

 

HOW DO i FIND names of cases? the link just says mr X.. what is a precis please?

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...