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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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tony3x

Park Direct UK - Oldchurch, RM7 0FS - underground garage private housing estate

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Friends daughter has received a ticket for 'failing to clearly display a valid parking permit'.

 

It is permit controlled parking for an underground car park.

She had the permit on display but feels that it may have been the wrong way up.

 

Do we wait for them to write to her asking who the driver was.

Beth parking ticket_0001.jpg

Beth parking ticket_0002.jpg

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Blimey, this is serious. James Bond is issuing parking tickets now :lol:

 

Could you have a look at this post please. Copy and paste the relevant part of that, along with your answers, back to this thread :thumb:

 

 

In the mean time, do not contact Park Direct at all. You must wait for them to do all the running as there's a good chance that they'll mess it up at some point, so let them waste their money.


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1 The date of infringement? 26/07/18

 

2 Have you yet appealed to the parking company yet? [Y/N?] N

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload guide

 

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] N/A at the moment

what date is on it

Did the NTK provide photographic evidence?

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?]

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company? Park Direct

 

6. where exactly [Carpark name and town] did you park? Oldchurch, RM7 0FS - This is an underground garage on a private housing estate

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OK, interesting.

 

Your friends daughter...

 

Is she a resident?

If so, Owner or tenant?

And what does it say on the deeds/lease/tenancy agreement about parking arrangements.

 

Forget anything else that may have been said since the deeds/lease/tenancy agreement was signed, the only important thing is exactly what that document says about parking.

 

What i'm getting at is if there is allocated parking and your friends daughter was parked in her own space, then she could have been displaying a bubblegum wrapper (or nothing at all) if she wanted to. She'd have "supremacy of contract" and there'll be nothing that Park Direct or anyone else can do to override that.


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Hi Dragonfly,

She doesn't live there but was visiting friends and they gave her the permit to use (none of them have a car so she uses it a lot). Its quite a new housing estate and there are not enough parking spaces for the properties and the permits go along with the property. Her friends are renting the property and the parking permit comes as part of the rental agreement.

 

I've been there myself when visiting clients and it is a nightmare as there are no visitor parking spaces.

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OK. Permit or no then, she had the permission of a resident to park in a parking space. Just bear that in mind for now, it will become important later on in the process :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 :)

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the permit scheme is supposed to be a simple administrative function to manage parking events by non residents however, the parking co's use it as a method of chiselling money out of those who have a right to be there and pay scant regard to the fact that the residents dont have to show permits as it is the parking co's job to know who is allowed.

 

generally these schemes are introduced by the development managing agents, who take a backhander for allowing the bandit to run riot but this means that they have no actual authority to be there. this only becomes apparent when the bandits try their luck at court against a defended claim.

 

also the wording is very precise, failing to clearly display, not failing to display.

I bet the signage offering the contract doesnt have 2 separate clauses in it about the difference.

Edited by dx100uk
Merge /Spacing

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I have asked her to get photos of the signage and will post up when done.

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How big was the signage. Could you read the small print easily from the drivers seat of a car?


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I say the sigange isnt a contract because it doesnt have a proper address for the person offering you the contract to consider so now what they say in their NTK becomes ultra critical. The scan of the actual ticket is too small to read so having to make certain assumptions of its content.

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The ticket was scanned at its normal size. I no longer have the original but will try to enlarge the scanned copy I have.

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It's better to save documents as pdf files, Tony, we can zoom on them that way.

 

HB


Illegitimi non carborundum

 

 

 

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Nothing in their T&CS to say that the permit had to be facing upward [assuming it was] just that it has to be " fully" displayed in the windscreen whatever that means. As far as I can see they have no reason to issue your daughter with a ticket except from the point of their greed.

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ticket doesnt create any driver liability as it fails to contain certain key information, as does the signage. that will mena they are chasing the keeper unlawfully as they wont have a good reason to apply for the keeper details. The DVLA will ignore any complaint so when the NTK arrives a complaint to the ICO will be in order, about both the parking co and the DVLA for allowing them to access her details.

 

One day the ICO will act and all of these bandits will have to change their tune

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Sorry for not being in touch earlier, been away for a few days.

 

What is the key information that the ticket requires - not doubting you just trying to get me head round it.

 

Checked with the driver and she claims that she could not read the signs clearly without getting out of the car.

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Tony3x there are many different reasons for a parking company to be unable to legally recover the invoices that they send out ad nauseam to motorists and keepers. So many that these incompetent retards rarely get it right. They know , but cannot be bothered to amend their mistakes because they make more than enough money from those who pay up anyway.

 

There is no point writing to them just yet as they have not sent the NTK and they are often so riddled with errors that no Judge would even allow their case on the NTK alone. When your friend

does receive the NTK please post it on here with identifiers [name, reg etc] removed to provide more ammunition why their invoice should not be paid.

 

These things are rarely resolved quickly mainly because the parking companies refuse to accept that they have done anything wrong and keep sending out more and more ludicrous demands in the hope that people will eventually pay up. However the people who have the permit may be able to stop matters by complaining to their managing agent that there was a permit being used on the car at the time and it was valid so there is no reason to charge your friend to see if they can get the ticket cancelled.

 

Another way may be to complain to the DVLA that a NTD was issued when there was no reason thus breaching the GDPR. The car was displaying a valid permit which was actually confirmed by the windscreen ticket. Ask the DVLA to watch out for Park Direct 's request [ that would involve the car registration and the keepers address] and refuse to send the keeper details as that may be judged to be aiding and abetting a breach of the DPA since there is no reasonable cause to ask for the keepers address etc. She could also try claiming the right to restrict the actual processing of her data in this instance.

If the DVLA agrees then she will not receive a NTK -case closed

And a complaint to the

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not a valid NTK as it fails to say who the creditor is.

This means there is no liablity created by this notice so no-one has to pay.

 

I would presume that they took the advice of the world's greatest solicitors, Gladstones, before creating this document, No wonder it is only fit for compost.

 

The proproetors of Gladstones solicitors are Will and John who also own the IPC (International Parking Community, not to be confused with the Independent parking committess a name they used to use but belongs to someone else) Not that they mention this on the NTK, another breach of the POFA. perhaps they are ashamed of themselves and the IPC and so they should be.

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double post

Edited by tony3x
double post

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What would be the next move. I assume a letter may need to go out or just ignore still.

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until/unless she gets a letter of claim

i'd tell her to sit on her hands

 

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Not sure how relevant but checking the address given on the ticket I have noticed it is wrong. There is not a road called 'Oldchurch', this is the area (name of hospital that used to be on the site). The road relating to the postcode is totally different.

 

To add to the above. I have had a good look at the photos on the NTK. Even zoomed in you cannot tell whether or not there is anything on the dashboard as they are too dark.

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