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    • I agree about your suggestion or settlement, but I don't think you are there yet. Although this is a judgement you will have to make.  For the moment you will need to file a defence to the claim, but there's lots of time and we will see what his response to your letter is and whether or not he agrees to provide you with the information you are asking or if he declines.  It would be useful to have the information but if he declines then this could play into your camp as well.  We may then have to file a process which requires him to comply.  So I understand that you have the electrician statement already in a WhatsApp text.  If you can't get a statement from them then the WhatsApp text will be very useful.
    • I have explained that to her this morning  and have a job starting with her on Tuesday next week so I will chat it through again then As an alternative we can use the whatsapp message wihout the statement of truth direct to the claimant in the letter requesting information as it may help claimant to a decsion My preference is to get this out of the way and settle but not at £1200  £500 or £600 would save us all lots of frustration and time, I have no axe to grind and my client is/ was a very nice man and we both felt the same about each other  
    • We have heard about this waste of taxpayer money in a national crisis ... when hige amounts of it were reported 'dumped near a nature reserve .. but the saga continues Lets hope labor gets a billion back from the duff stuff supplier, and prosecutes the government figures behind the atrocious mismanagement and cronyism   PPE worth £1.4bn from single Covid deal destroyed or written off | Coronavirus | The Guardian WWW.THEGUARDIAN.COM UK government deal struck at height of pandemic described as ‘colossal misuse of public funds’  
    • Tell your electrician that they won't have to attend court. A simple statement accompanied by a statement of truth will be more than adequate and they won't hear anything more of it. Tell them that you will have to referred to in court anyway but a written statement will help a lot
    • Claimant: Lowell Portfolio I Limited Our Client: Walker Love Walker Love Ref: Original Lender: Balance:   We have been instructed by our client that you have failed to repay the sums due in respect of the above account. Your Agreement with our client is terminated, which means the balance outstanding is due and our client requires your proposals for payment. Please treat this letter as notice that, unless an agreement is reached within 7 days of the date of this letter, we are instructed by our client to commence court proceedings against you for recovery of the sums outstanding. This means that you may have a Court Decree registered against you. Any Court Decree registered against you may affect your ability to obtain credit in the future. If court action proceeds, we are also instructed to seek legal costs in addition to the sum outstanding from you in order to cover any outlays by our client in having to raise court proceedings If a Decree is obtained then we may be instructed to enforce that Decree which may include an application for an Inhibition against you. This will have the effect of preventing you from selling or granting any further securities against your house, or any land that you may own in Scotland. Rather than issue court proceedings our client would prefer to find a suitable solution to enable you to repay the sums outstanding to it.   To discuss how best these outstanding sums can be repaid please contact Walker Love within the next 7 days by telephone on 0330 678 0335 or by email at contact@walkerlove.com Proposals   Our client may be able to agree to accept less than the sum outstanding in settlement of the sums due from you or, if this is not an option for you, to agree regular payment instalments with you, based on a review of your financial circumstances.   If you need to seek advice then you may wish to contact one or more of the organisations listed below who are able to provide independent advice to you. Yours faithfully   +44 (0)3700 863 000 | www.shoosmiths.com
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Euro car parks ANPR PCN - MRH Esso meads Purfleet **WON AT POPLA**


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Hi guys i got a euro car park ticket by anpr for £100 for a unpaid 44 minute stayit was address to the keeper of the vehicle.

 

in the instance i had a massive tyre blowout which shredded my tyre entirely so i pulled into the Esso garage up teh road to wait for the AA.

 

i didnt notice the signage, i was busy trying to get the car moving again.

 

where do i stand, can i appeal it?

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Can you have a look at this thread please.

 

Copy and paste the relevant bits of that (along with your answers) to this thread so that we can see all the details.

 

Also, scan, redact and upload your NtK to the thread so that we can see what Euro Car Prats have inevitably got wrong.

 

 

Do nothing else (no appeal etc) until we've had a look at everything and give you some advice :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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For PCN's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 16/7/2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 20/7/2018

 

3 Date received 2/8/2017 (may have arrived earlier, i have bene away for a week.)

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Yes

 

5 Is there any photographic evidence of the event? number plate close up on entry and extit

 

6 Have you appealed? {y/n?] post up your appeal]n

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

 

7 Who is the parking company? Euro car parks

 

8. Where exactly [carpark name and town] MRH Esso meads Purfleet

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GSV Link (closest I could get) https://www.google.co.uk/maps/@51.4861275,0.245761,3a,15y,248.51h,86.98t/data=!3m6!1e1!3m4!1sAXcaT6RaikczpCcflgW5KA!2e0!7i13312!8i6656?hl=en

 

Not quite sure how on earth anyone is supposed to read that signage from a moving vehicle (at any speed). :|

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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Euro car parks always mess up. And 99% of the time its signage. The other 1% is paperwork

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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Polar1882 on post 2 one of our experts said do not appeal until we have seen everything and advised you. There are several reasons for this.

1] by appealing the writer often gives themself away as being the driver. [eg I couldn't read the signs because they were too small]. It is the driver who parked but it is the keeper that these companies have to write to.

 

2] it is often not the font size of the sign that is wrong but what they have said in the small print that matters. In your case there may have been nothing wrong with what was stated in the small print on that sign. The main bones of contention may be on another of their signs or even on their NTK. By appealing at the wrong time they may well feel that you have insufficient knowledge about the subject and would feel that they would beat you in Court. Your appeal may have convinced them to take you to Court whereas had you waited and given them all the reasons why they had no chance against you they would probably have moved on to other motorists.

 

I can tell you now that your appeal will be rejected. While you are waiting, could you please post up the NTK and we definitely do need photos of the signs where you

you were parked . Then we will look at the wording to see if it can form a contract between the company and the motorist. Quite often it doesn't and it is that which will be a much stronger reason why they wouldn't go to Court rather than a font size on one sign.

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I hope that I didn't come across too harsh but beating these crooks takes time. Please read other threads on here especially ones where their circumstances are similar to yours or Euro carparks are involved and do not write to them again until all the info has been gathered.

 

One other thing, please check with the local Council to see if they have planning permission to have the signs erected and they are permitted to use ANPR. If they do not have it, their signs and cameras are there illegally. It comes under the Town and Country Act advertisements and planning approval for the ANPR.

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I've redacted that document properly for you :thumb:

 

No need for measurements, just get some good photos of the signs including their surroundings so that we can see them in context.

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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do they need plannng permisison if its within an esso petrol garage? the only plannig permisison application on the thurrock website for that postcode is the petrol station itself. ive enquired about the anpr and signs though.

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Worry about that later. Trust us. You can easily get rid of this. Just follow the advice given, and dont be tempted to jump ahead

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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agree to that,

the contract is for a parking event and that means as you couldnt move the car you cant consider their offer as being applicable.

 

They will of course say that you are pbliged to pay up because you saw the signs but still decided to break down on their land or whatever bull they wish to use to try and bludgeon the money out of you.

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  • 2 weeks later...

I'm not sure what arguments you used but they seen to be addressing points that we wouldnt advise using and miss those that are relevant to your case.

 

This doesnt make then right though,

no signs where you entered mean they didnt have adequate signage and as said,

you were invited onto the land and broke down so that is not a breach of the conditions offered on the signs you didnt see.

 

You now ignore then and any dac who writes up to the poinjt where they threaten legal action and then you come back here for advice on what to put in a rebuttal letter.

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docs in post 16 sorted

thread tidied

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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Hi

Just noticed something in their signage. 45 minutes free of charge! You were on site for 43 minutes 22 seconds. If they are stating that the sign is at this site, take them at their word. I would think that POPLA would throw allow an appeal as you will be appealing on matters of fact, not mitigation. AND where is the 10 minute grace period.

 

 

 

I think ECP may have problems with basic mathematics

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Well as they have rejected your appeal, you could go straight to POPLA and I suspect that ECP will capitulate when that happens.

 

 

You could also ignore them and wait to see if they try it on at court. Based upon the one sign, they would either lose or not even try it in the first place

 

 

Simple facts.

You did not breach any rules on the site in question

ECP did not allow you a grace period of a minimum 10 minutes. ( this bit is in the BPA code of practice)

 

 

As I see it, you were not in breach therefore ECP obtained your data from the DVLA without good reason. You could sue them under the GDPR

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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On page nine of this

 

 

https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2018.pdf (so long as the link works) there is mention of grace periods and what is expected of the operator.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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