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    • Hi, OP sister here, im going to try and explaine in full details from start to present and see if you have any advice for me on what i can do. on 15/1/2021  at 16:25pm i was traveling along hazlebarrow cresent wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR seddon. ( im going to attatch a street veiw picture and diagram wich will be more helpful in understanding how the accident accured ect) .  The owner of the parked car, which i will refer to as Mr simpson came out of his house. Myself, mr seddon and mr simpson exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property. I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect . by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and mr seddons van ect). Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.  Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability. an engineer had collectes my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .  I didnt hear nothing for around 2 weeks so i comtacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability' i asked them why admirel consider themSelf not liable and she read from the notes ' mr seddon said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' . the lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault. I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of wich i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.  The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.   Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the ' none prejudice payment) I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .   I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . again she said ' its still in dispute, admirel are not budging i have to pass this on to management. She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!? Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum and you guys had mentioned the hire car rates may fall back on me. I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. and the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' . i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport' I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i didnt have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.    After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' . will they find any fault with the contract just to try and lumber me with the debt? , as it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.  And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?    As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.  Tomorow i am going to read thoroughly through the ' hire car contract' . i am going to give them another call and record them saying i am not liable for the debt. Any advice on how i can just give the hire car back to them without me being liable to pay the debt?  Thank you Gemma
    • Hi,   Well over a year ago, I moved from one area of the UK to another. Where I was moving from ,I had TalkTalk fibre broadband, was happy with them and had no issues.   A week or two before I left, I started planning the whole internet and phone move, called up TalkTalk and found out they weren't able to suplly the fibre where I was moving to. They could only infact offer a minimal ADSL connection.  I said that I would probably cancel it, but I would look into it. Later on the very same day, I foudn out only Virgin and another company had services at the prperty so TalkTalk were out. It called, cancelled propty and left it at that. I eft the new address as a forwarding address for the final bills etc... too.   Months later, a DCA is on my case for the tune of £190 something. I coined them on 1st August, left on 10thish of November. There was an outstanding about £25ish.   I've spoken to thecomplaints department, they were't budging, I've tried the execs and they were the ones that passed it to a DCA, which is about to go nuclear.   Anyway, how it stands now...   Officialy soeaking, if they want to knit-pick, the connection came with a £100  welcome gift card for someone who stayed at least 3 months, which I did..., they werent able to supply the connection, were told to cancel, and planned otherwise. They STILL dont ahve dirisdicton over this buiding so they wouldnt be able to suplly the services.   Now BWLegal claim that theyve repeatedly tried to get ahold of me (lies) about this bill and now they're planning to go legal on 13th March. They literally sent me a  letter with a realistic 1 week notice period on it, but officialy they;ve bacdated it by a month.   SO I'm left in a predicament. I dont want to phone them as I like everyting in writing, because of corona things will be late, so they've literally tried to shaft me here for acontrac thtat doesnt exist.   The  letter they snt me is literaly a "Letter of Claim" with some Citizens advice page attached, income and expenditure forms etc... I refuse to fill ti in as as far as I know, this is resolved, or at the wosrst there's a small sum outstanding.    Or I could be really brutal and be clear and say they owe me 60-80 for the gift card, but I dont really care about that.   I've literally jstu found a good job after a long horrible period and it feels like they're using the upcoming "freedom" as a reason to start their antics.   All they ask for to stop the legal action is a "reason" ut it appears they''ve gota 3rd hand account that's been sold around as it's in some name like JC International now?   Shoud I:   1) Ignore them and contact TT directly? I've got the executive email address so usually get a swift response.  2) Treat it as any other hot air DCA's blow out ? No proof has been given o far, no copies of paperwork, so it's just  "pay now, this much" letter. 3) Make an example of this and let it do to court, explain to the courts what's going on and let them deal with the issue?   What concerns me is their underhanded tactics....   Anyway, any help would help...   Cheers, Ade
    • No it is not the right direction to go. Read the stories in this sub forum and then check back here for a fuller reply tomorrow    
    • Its fine, it just so happened that they're happy wit h me paying it off at a realistic level. I think that he landlady went little too far, but things have been smoothed over.   Thanks for the help.
    • Thanks for the respond.    Long story short, the reason I am pursuing Packlink because I am a seller on Ebay. The courier is myHermes. The parcel is lost and the postage purchased through Packlink. It was a UK to UK shipment so I didn't need to declare value of the item when I was purchasing the postage on Packlink. The item is not extremely valuable, that is just a charger for electric toothbrush and it is insured with max pay out of £25. I raised a claim on Packlink and they refused for the reason - I did not contact them within 30 days of the posting date. Packlink did admit that the parcel is lost.  I still haven't started to contact myHermes yet. However I am disgusted by Packlink customer service. I am planning to first, dispute the shipping fee through Paypal, then escalate this matter to myHermes, and if necessary, to small claim. Do you that this is the right direction to go? Thanks!  
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      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
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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.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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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.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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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:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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

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

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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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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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  • 2 weeks later...

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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  • 5 weeks later...

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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until/unless she gets a letter of claim

i'd tell her to sit on her hands

 

dx

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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  • 2 weeks later...

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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