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    • Yes, please fill in the sticky that HB posted - the more ammo we have against them, the better.   To answer your questions.   1.  You're right.  However the PPCs have complete contempt for the law and will pursue you regardless, hoping you will finally give in, or they'll get a default judgement, etc.   2.  You need to reply to the LBC and make it quite clear to the charlatans that you will be big trouble if they do do court.  We call this the "snotty letter" strategy.  Do a search on the forum for "snotty letter" and you'll see loads of examples.    3.  Again, you're right.   4.  The best way is to deal with the matter in two stages.  Firstly, concentrate on seeing off the ticket.  Then later, if you want revenge, sue them for breach of GDPR.
    • Thanks dx. I will ignore until I hear anything further from them.  
    • So, so far we have -   1.  Appalling signage with the £60/£100-ish charge in particular being illegible.  No PP either.   2.  Double dipping, you actually obeyed what was on their silly signs.   3.  No locus standi.  A blank unsigned template is not a letter, let alone a contract.   4.  Double recovery.  As well as £50 legal costs they have invented £60 Unicorn Food Tax.   WS in post 99 is useful for (1), (3) & (4)  https://www.consumeractiongroup.co.uk/topic/417771-cel-pcn-claimform-tenerife-buildings-station-road-south-gosforth-newcastle-ne3-1qd-claim-discontinued/page/4/#comments   WS in post 87 is useful for (1), (3) & (4)  https://www.consumeractiongroup.co.uk/topic/421029-opcdcb-legal-anpr-pcn-paoloc-now-claimform-overstay-st-johns-retail-park-wolves-claim-discontinued/page/4/#comments   WS in post 122 is again useful for (1), (3) & 4  https://www.consumeractiongroup.co.uk/topic/410445-ukcpmgladstones-windscreen-pcn-claimform-vista-centre-salisbury-rd-hounslow-tw4-6jq-claim-dismissed/page/5/#comments   WS in post 58 with comments in post 59 useful for (3) and (4)  https://www.consumeractiongroup.co.uk/topic/422971-excel-anpr-windscreen-pcn-claimform-brewery-st-car-park-chesterfield-on-0207-2018-claim-dismissed/page/3/#comments   I haven't got time to look at the lot, but there are probably useful WSs in the following (scroll down the pages till you come to the WS, which will always be an attachment)   https://www.consumeractiongroup.co.uk/topic/419899-ukcpmgladstones-spycar-pcn-claimform-no-stopping-trinity-park-birm-airport-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/414313-cpmbw-windscreen-pcns-bw-pap-loc-now-claimform-residential-car-park-the-citrus-building-maderia-road-bournemouth-claim-dismissed-with-costs/   https://www.consumeractiongroup.co.uk/topic/421756-vcs-pcn-claimform-broomfield-developements-broomspring-close-s37xa-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/429200-excel-pcn-claimform-broomhill-roof-car-park-in-sheffield-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/419312-vcs-pcn-claimform-no-stopping-in-restricted-zone-bristol-airport-claim-dismissed/    
    • I don't understand why Leave.eu would want to leave and then stay in Europe anyway. I'm sure you don't either, TJ.    
    • Because we've seen the PPCs' antics a thousand times.  They always refuse appeals.  On every occasion they send out the same standard "threatening" letters.  In each case they then involve a third party to pretend the matter has somehow got more serious and the sum owed has increased.  It's got nothing to do with "sticking by their guns", it's what they always do, whether their case is good or if it's pants.   What do you think an unbiased judge would decide when you prove there was no sign at the entrance, just one in the car park at the height of the stratosphere, that the cafè owners had to stick up their own signs to protect their customers, that ages after your visit PCMUK finally installed decent signage, etc., etc? 
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hello all,

 

Today, I walked out to my car sitting outside my address, to find this rather unwelcoming sticker slapped on my window. Before any questions are asked, I have absolutely no idea what/where/how this 'warrant' has landed on my lap... but I have recently moved address.

 

I immediately rang the quoted number for equita, and spoke to two very unhelpful ladies. I explained (honestly) to the operator that I have no idea why this sticker has been stuck on my window. I asked for a full explanation of what the debt is, how it was obtained and more importantly how much.

 

The operator asked me to confirm my address, to which I obliged, however.. inevitably this address did not match the one on their system. In fact, the address they hold on the system is 5 years old!!!

 

The operator explained the reason for debt, stating;

 

You stopped in a bus bay - £188

You parked in a residential area without displaying a permit - £188

 

Now, this is the bit I need some advice on;

 

I explained to the operator that I have not received ANY letters/PCNs or enforcement documentation to my address or previous address about the debt in question.

 

I explained that I am not disputing the debt, however I am not willing to pay them until I have seen official documentation from the source (council) including dates/pictures etc. For all I know, I could be paying a rogue.

 

The operators response to my points above where that they cannot send out any documentation to my new address, and that I should contact the mobile telephone number on this sticker... (presumably the bailiff) to arrange payment. I proceed to call the number (albeit very hesitantly) but ofcourse... no answer.

 

As I have said above, I am not looking to 'dodge' this unpaid PCN if it is indeed legit, however i'm not going to pay someone on the end of random mobile number £366 without knowing its legitimacy.

 

Any advice going forward please guys?

Edited by pilotjim
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do you know which council issued 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... 

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image shows pers info i've removed it

 

lots of councils are feeling the purse strings tighten and are chasing age old fines that have never been paid.

 

they pass it to bailiffs whom track you down..

 

if you've only recently moved then I cant see why you've not gotten previously the required letters than PCN's were outstanding?

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 thankyou. Well, I'm not sure either. I will contact the council tomorrow to see if I can dig out some more information.

 

My worries is that, in the mean time, the baliff will come along and clamp/take the car... It's surely not unreasonable to ask for some time to review the paperwork?

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once you contact the council and tell them whats gone on , typically if you follow the advice given, enforcement gets put on hold.

 

the issue I see here is you only recently moved,

now unless the vehicle was not correctly registered via v5C to that address when you moved to that council area , why did you not get several letters at the time..??

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 thankyou. Well, I'm not sure either. I will contact the council tomorrow to see if I can dig out some more information.

 

My worries is that, in the mean time, the baliff will come along and clamp/take the car... It's surely not unreasonable to ask for some time to review the paperwork?

 

Have you owned the same car throughout the last 5 years ?

 

Sounds like the PCN's might not be yours. You would know about them, as you would have had notices stuck to car previously and contact at addresses.

 

If these are in your name and offences you had forgotten about, then just come to a payment arrangement.

We could do with some help from you.

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I am assuming that you have the same vehicle. With both contraventions, the local authority will make a request to DVLA for 'keeper' information. A Penalty Charge Notice would then have been issued and may only be sent to the address held by DVLA on that date. You have not mentioned when you moved address. Did you update your V5C (Log Book) with DVLA when moving?

 

You need to ascertain to date of each contravention and the date when notices from the council were issued.

 

What date did you move address?

 

Almost certainly you will need to consider submitting TWO Out of Time applications to the Traffic Enforcement Centre. It looks to me from the contraventions that one application will need forms TE7 AND TE9 and the other the PE2 and PE3. Answers to the above question first please.

Edited by Andyorch
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I know this may be old knowledge but according to a local council a few years ago. A PCN is only valid for 1000 days. After this it cannot be enforced. However i have a feeling people may have other ideas about this. I say this from experience.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?266996-Major-local-authority-confirms-Pcn-is-valid-for-1000-days.

Edited by Andyorch
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So whats cooking today ?

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