Jump to content


  • Tweets

  • Posts

  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
monyl

PEA windscreen PCN - changed car needed new res permit **WON@POPLA no current contract**

style="text-align:center;"> Please note that this topic has not had any new posts for the last 201 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, I would greatly appreciate some assistance with this parking issue.

Apologies that this is a bit long – have tried to summarise it.

 

I live in a cul-de-sac (close) and until a few years ago the local authority tried to CPZ the close but found that it was private land belonging to my housing association. It is a small close with bays that residents park in.

 

The local authority persuaded my housing association to get a private parking contractor which caused an almighty confusion between the residents and the housing association.

 

To cut a long story short, PEA Parking got the contract. Signs were erected and one letter sent out about registering with PEA for a virtual permit.

 

The housing association then stated that they would not get involved in any disputes with parking and disowned themselves from the matter.

 

At that time, my son had a blue badge and I was given a mobile permit that I could put in my windscreen when parked.

 

My car broke down on the close and I purchase another second hand one and informed the local housing office of the events of then I would be disposing of the old car. The then housing officer emailed PEA and c.c'd me into the email.

 

Around the end of 2016 my housing association informed us of a consultation of merging with another housing association and this would be on-going for a while.

 

Unbeknownst to us, the local office closed down as staff was restructured, no phones were answered for months - office telephone numbers were changed and all we were getting were mail shots about the merger continuing.

 

At the same time, my permit expired and there was no appearance from PEA so we the residents assumed that they no longer had the contract

- I had left my car outside my door for months when on leave and saw no parking contractor - let alone not being able to get through to head office to query where the new local office was.

 

On 15 May 2018, I had a medical appointment for a minor op. I returned home and to my surprise and horror found a Parking Charge Notice on my windscreen.

 

I was shocked as they had not patrolled the close for over 1 year and even the neighbours were sure they were no longer the contractors and felt that when a new one got the contract, we would be informed.

 

I appealed and sent evidence on the 28 May 2018 on the following grounds:

 

1. The Notice mentions the old housing association's (landlord) name which no longer exists.

 

2. My letter from my housing association dated 15 January 2018 re 'Change of Landlord' the old landlord ceased to exist on the 2 January 2018.

 

3. Letter confirming that I pay service charges for the maintenance of the car park so can park in the bay.

 

4. Their Notice is difficult to read as dyslexic and font is very small.

 

PEA acknowledged receipt of my appeal on the 1 June 2018 stating that if I do not hear within 14 days

– do not assume it has been cancelled.

 

I had to contact the British Parking Association who stated that I should have had a decision within 36 days and they would contact them.

 

I emailed PEA on the 12 July 2018 for a decision/POPLA reference number.

 

PEA replied on 19 July 2018 – appeal rejected on the following grounds:

 

- No displaying a valid permit and warning signs etc.

 

- My old landlord still exists as the rebranding with the new landlord has not yet been completed.

 

The parking restriction times were between 10.00am – 2.00pm Monday to Friday.

 

There has been no written confirmation from PEA or the new landlord to confirm that they will continue to have the contract nor had I been contacted on the expiry of my son’s disabled mobile permit to change it to the virtual permit.

 

Where do I stand? Any information appreciated. :-(:!::|

Edited by dx100uk
Spacing

Share this post


Link to post
Share on other sites

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Thank you for your reply dk100uk, will read up post in link. Also curious, as I pay service charges for the maintenance of the car park to my landlord, do I not also have a contract to be able to park outside my house? :x:???:

Share this post


Link to post
Share on other sites

you have supremacy of contract ..end of.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Hi.

 

 

PEA is a new name to me, are they based in Belfast?

 

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

service charges are not proof of a contract to park,

this would be a bit like if you lived in a ground floor flat but had to pay for the upkeep of the roof so dont rely too much on that,

 

you need to consider what your tenancy says about the matter and whether you had ALLOCATED parking before the parking abndits were employed.

Seeing the signage will help us help you as well, post up pictures.

 

I wouldnt bother trying to reason with either the HA or the parking co, they dont have brains to fall back on when their inbuilt stupidity fails them.

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites
Hi.

 

 

PEA is a new name to me, are they based in Belfast?

 

 

HB

 

Hi Honeybee13, yes there are. Sorry for delay in replying but have been trying to contact HA with no luck :-(

Share this post


Link to post
Share on other sites

Hi ericsbrother,

 

I had already tried contacting the HA and still waiting for various departments to call me back - nothing on their website either. See pictures attached - no times are mentioned on notices either.

20180803_073923.jpg

20180803_073956.jpg

Share this post


Link to post
Share on other sites

What is 'Supremacy of Contract'? Can I use this?

Share this post


Link to post
Share on other sites

Shame you've already appealed. I'd be interested in hearing their grounds for requesting keeper information beyond a single letter saying "Pretty please, tell us who the driver was... Oh, go on... Pleeeeeease".

 

 

As for "Supremacy of contract". What does your HA Tenancy agreement have to say about parking at the property? Forget what your landlord is called this week for now. What was written in to the tenancy agreement that you've signed is the important bit.


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

If the Parking Cowboy came in after your tenancy commenced there is an almost certain supremacy of contract that they cannot override in your favour.


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 OTHER

 

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!

Share this post


Link to post
Share on other sites

that is one of the reasons I said dont bother.

 

Supremacy of contract is when you have an agreement such as a lease or tenancy that states you are entitled to use a particular allocated space. Once that is there then neither the landlord nor a crappy parking co can unilaterally change that so your lease/tenancy trumps whatever they say is in force for the rest of the common access land.

 

The idea of permits is an administrative convenience so the parking noddys can see at a glance that the vehicle is allowed to be there.

 

It is not for them to decide how you park either in your space or eve in your neighbours sopace, this isnt the common parts they are supposed to watch over but they will always try anything to chisel extra money out of anyone and dont care that they are wrong as you cant remove them form the site.

 

You can howver do them for trespassing on to your space to ticket your vehicle so once you know that your space is yours only then you can set about winding them up by not displaying your permit, allowing your frieds to aprk there and so on. they will spend money chasing you for no reward.

 

 

Hi ericsbrother,

 

I had already tried contacting the HA and still waiting for various departments to call me back - nothing on their website either. See pictures attached - no times are mentioned on notices either.

Edited by DragonFly1967
Spacing

Share this post


Link to post
Share on other sites

Thanks everyone for your info. Found my tenancy agreement which states:

 

'Parking and roadways

(i) Not to block local roadways, and other vehicular access, and to keep them, and car parking spaces clear of unroadworthy and unlicensed vehicles and other obstructions.

 

(ii) Where the property is an estate not to park any commercial vehicle licensed to carry loads above 7 hundredweight without the written consent of the Trust'

 

When everyone first moved into the development, the development project manager told all the residents that we had been allocated a bay each but the numbers were never painted on them as they ran out of money and made us move in a week earlier so as not to pay for site security for an extra week.

 

Thanks again, much appreciated. I have to put my appeal into Popla this week.:!:

Share this post


Link to post
Share on other sites

So, the changes they want to bring in are a change to your tenancy but hang on

- they havent changed your tenancy, just bunged a few signs up and told people to get a permit and that isnt the same thing at all.

 

In short, you do have superiority of contract and without chucking you out of your home they cant do anything that would make a difference.

If they said they were going to boot you out just because they wanted to make some ill thought out parking scheme lawful rather than unlawful that would not impress a judge who had to listen to the arguments

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

Hi, still trying to put my appeal together for POPLA and found a PSC07 filed by PEA Parking on Companies House stating that Nationwide Controlled Parking Systems Ltd ceased to be a person with significant control in December 2016.

 

Does this mean that PEA was running 2 companies at the same time and could use both names. Some of their annual returns name Nationwide Controlled Parking Systems Ltd holding 1 Ordinary Share Capital. Does this make them the actual 'owner' of the company? If so, what name should they be using when they tender for contracts?

 

They also have a registered address in the UK, do they now come under UK law as they have registered with Companies House to be able to operate in the UK under UK law? I have uploaded the PSC07. :|

Cessation 2016.pdf

Share this post


Link to post
Share on other sites

As far as civil law goes, I'm fairly sure it's pretty consistent throughout the UK, with a few minor "tweaks" for the Scots :wink: I don't think that civil law in the North of Ireland is that much different to the mainland.

 

So yes, they would be operating under UK civil justice laws & rules.

 

What they most certainly don't have is the POFA, so again, it's a shame that you've appealed this and more or less confirmed that you were the driver as there was no way that they could have come after you as the keeper.

 

But, regardless of any of that, you've still most certainly got the benefit of supremacy, so if they want to be silly and waste lots of their own money trying to beat you at court, I'd let them carry on, just for the craic. They're going to lose if they try :lol:

 

 

Go down the supremacy of contract route with POPLOL and as soon as PEA see your appeal, they're likely to fold as they're well aware of what will happen further down the line if they don't.


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

Hi, an update on my POPLA appeal. PEA have uploaded 3 documents as evidence.

 

One document was full of pictures of my car and their signs.

They have produced a contract commencing in 2013 but it is in the name of my current landlord who did not exist until this year.

They have also stated that I have breached their contract not to have displayed a permit as their sign instructs.

 

How do I proceed with regard to the contract as I do not believe that this contract was always in place as they were not seen for over 1 year?

 

Any info will be helpful as I have 7 days to respond to POPLA. :sad::-(

Share this post


Link to post
Share on other sites

and you expected anything less?

 

as you've found faults

you don't need to do anything.

as for their time scales ...tough on them,,


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Hi dx100uk

 

Thanks for your quick reply but I still need to reply to POPLA based on the their defence to having a contract with them.

Share this post


Link to post
Share on other sites

No you dont


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

You don't have to reply at all. They aren't any kind of legal authority and nothing they say is binding on you


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Hi, if I don't bring this to an end, how will not doing anything stop them from putting more PCNs on my car in the future as I live in the close?

Share this post


Link to post
Share on other sites

get a new permit?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

they arent worth a light and if they want to spend a small fortune for no reason that is up to them.

You could get a restraining order if you really wnat to hurt them but not for 1 ticket!

Hi, if I don't bring this to an end, how will not doing anything stop them from putting more PCNs on my car in the future as I live in the close?

Share this post


Link to post
Share on other sites

In the meantime get a permit for the new motor, and remind them that you still have Supremacy of Contract .


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 OTHER

 

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!

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...